eGAZETTE APPLICATION FORM
Terms & Conditions for eGazette Subscription Service
1.Definitions
1.1
“This Agreement”
means the completed Application Form (and its attachment(s) and the terms and conditions herein).
“Customer”
means the person whose application to enter into this Agreement is accepted by Toppan and includes his successors and permitted assigns.
“Service”
means access to the eGazette website together with such value-added features as may be introduced from time to time by Toppan. The customer will be provided with a personal user identification (“userid”) and a password. The customer will use his own equipment and means (for example, telephone service and modem) to establish connection to Toppan for accessing the eGazette.
“Minimum Period of Subscription”
means 12 month in respect of the annual subscription plan or:-
(a) such shorter period as is agreed to in writing by Toppan in its sole discretion;
(b)such longer period as may be stated in any written information given to the Customer or attached to the Application Form.
“Person(s)”
includes individual(s), corporation(s) and unincorporated bod(ies) of persons.
“Toppan”
refers to Toppan Leefung Pte. Ltd
1.2
Words importing the singular shall include the plural and vice versa and words importing one gender shall include the other gender.
- Commencement of Service
The Service shall commence on the date specified by Toppan in writing in its notice to the Customer indicating its acceptance of this Agreement (“Commencement Date”).
- Fees
3.1
The subscription fees for the Service (“Subscription Fees”) shall be at the applicable rate indicated in the Application Form or such rates as may be prescribed by Toppan from time to time.
3.2
Liability for the subscription Fees shall accrue from the Commencement Date.
3.3
The Customer shall pay and maintain such deposits with Toppan as Toppan may require and shall increase the amount of such deposits from time to time when so required by Toppan.
- Payment
4.1
The Subscription Fees shall be payable upon subscription to Toppan or within such time as is stated in the subscription form obtained from Toppan.
4.2
The Customer shall be liable for and shall pay the Subscription Fees on demand notwithstanding that the Customer disputes the same for any reason. In the event that a dispute is decided by Toppan in the customer’s favor, Toppan shall refund to the Customer any excess amount paid by the Customer free of interest.
4.3
In the event of late payment by the Customer of any sums due under this Agreement, Toppan shall have the right to charge interests on the outstanding amount (at the rate specified in Toppan’s bill) from the due date until the date of full payment
- Toppan’s Rights
Toppan shall have the right to manage and control the access to computer systems and information stored within the eGazette website in a manner deemed appropriate by Toppan.
- Customer’s Obligations
The customer shall:-
(a)be responsible for the set-up or configuration of his equipment for access to the Service;
(b)comply with all notices or instructions given by Toppan from time to time in respect of the use of the Service;
(c)be solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service;
(d)comply with the rules of any network to which the Customer accesses through the Service;
(e)be solely responsible for all information retrieved, stored and transmitted through the Service by him;
(f)provide at his own expense, when so required by Toppan, all facilities or resources necessary for the proper provision of the Service including without limitation power points, electricity, conduits, pipes, access, license, wayleave or easement; and
(g)comply with Toppan’s advice to upgrade at his own expenses his existing facilities, if in the opinion of Toppan they are inadequate to cope with his telecommunications traffic and/or is likely to cause congestion in Toppan’s network.
- Prohibited Use
The Customer undertakes:-
(a)to comply with all applicable laws (and shall not contravene any applicable law) of the Republic of Singapore relating to Services including without limitation the Computer Misuse Act and Copyright Act;
(b)where it is a corporate Customer, not to allow any person other than the authorized person(s) named in the Application Form to use the Service;
(c)not to use the Service for any unlawful purpose including without limitation criminal purposes;
(d)not to introduce any computer virus into the eGazette website;
(e)not to infringe any intellectual property rights of any person or retain information in any computer system or otherwise with an intention to do so;
(f)not to share the Service with any person without prior written approval of Toppan and shall use the Service only for the purpose for which is subscribed.
- Security and other features
8.1
The Customer shall take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy of his userid and/or password and shall not reveal the same to any other person(s).
8.2
Where a userid is necessary to access the Service, the Customer shall use only his own userid.
8.3
The Customer acquires no rights to the userid and any codes assigned to him by Toppan and except as otherwise proved herein, Toppan reserves the right to change or re-assign the same to the Customer at its sole discretion without being liable to the Customer in damages or otherwise.
8.4
For the Service, subject to such changes as may be introduced by Toppan, an automatic log-out will occur after 15 minutes of idle log-in time.
9.Software
In connection with any software that may be required by the Customer for use with the Service:-
(a)the Customer shall be solely responsible for acquiring and installing such software, and the compatibility of such software for use with any equipment used by him, whether or not any changes are introduced to the Service by Toppan; and
(b)the Customer shall adhere to all instructions and notices (written or otherwise) given by Toppan from time to time regarding the need for such software.
10.Termination of Service
10.1
Either Toppan or the Customer may terminate this Agreement by giving prior notice in writing of 30 days (in the case of the quarterly subscription) or 60 days (in the case of the annual subscription) to the other.
10.2
Toppan may in its sole discretion waive or accept in writing a shorter period of notice from the Customer than those referred to in clause 1.
10.3
Clause 10.1 is subject to the condition that where notice is given by the Customer on or after the 15th day of a calendar month, this Agreement will be terminated only on the last day of the following calendar month.
10.4
Notwithstanding clause 10.1, Toppan may terminate this Agreement with immediate effect:-
(a)if in the opinion of Toppan, the Customer has breached any of the terms or conditions of this Agreement (including without limitation clause 6 and 7);
(b)the Customer has provided any false or incomplete information to Toppan;
(c)if in the opinion of Toppan or any regulatory authority, it is not in the public interest to continue providing the Service to the Customer for any reason; or
(d)if the Customer is declared a bankrupt or the Customer enters into any compromise or arrangement with its creditors or any encumbrancer lawfully takes possession or a receiver is validly appointed over the whole or part of the undertaking of the Customer or proceedings are taken for the appointment of an administrator of or the winding up of the Customer.
- Liabilities for Subscription Fees upon termination
In the event of termination of this Agreement pursuant to clause 10.1, Toppan shall not be liable for refund of Subscription Fees whether partial or in full.
- Suspension of Service
12.1
Without prejudice to any other rights or remedies of Toppan and notwithstanding any waiver by Toppan of any previous breach by the Customer, Toppan may suspend the Service or any other service provided by Toppan in the event that any monies payable by the customer for the Service or that other service is not settled in full or any deposit or increase thereof required by Toppan is not paid by the Customer.
12.2
Notwithstanding the foregoing, upon subsequent payment by the Customer of such sums as demanded by Toppan, Toppan may if it deems feasible at its sole discretion and subject to such terms as it deems proper, reconnect the Service or services, as the case may be, in which event this Agreement shall continue as if the same has not been terminated.
- Reservation Fee
Where the Commencement Date has been confirmed by Toppan and the Customer requests for a change in the Commencement Date, the Customer shall be liable to pay the prevailing reservation fees, prescribed by Toppan, if any. The period of reservation shall be the period between the originally confirmed commencement date and the new commencement date.
- Other charges
In the event that Toppan’s employees or agents are called upon to attend to a fault at the Customer’s premises, Toppan reserves the right to impose charges for the service if the fault is not directly attributable to any of Toppan’s networks. Toppan’s invoice shall be conclusive evidence of the Customer’s request for such services.
- Disclaimer
15.1
While every care is taken by Toppan in the provision of the Service, Toppan shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents, accuracy or quality of information available, received or transmitted through the Service.
15.2
Toppan shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the Customer’s account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed.
- Indemnity
The customer shall indemnify and hold harmless Toppan at all times against all actions, proceedings, costs, claims, expenses, demands, liabilities, losses and damages whatsoever including without limitation for defamation, infringement of intellectual property rights, death, bodily injury, property damage or pecuniary losses howsoever arising which Toppan may sustain, incur, suffer or pay arising out of or in connection with the use of the Service by the Customer or any act or omission of the Customer thereof.
- Confidentiality
The customer shall not divulge or communicate to any person (other than those whose province it is to know the same) or use or exploit for any purpose whatsoever (other than that contemplated in this Agreement) any confidential information which may or may not have come to his knowledge by reason of or in connection with this Agreement, and shall use all reasonable efforts to prevent his employees, officers, agents and consultants from so acting, except where the prior written consent of Toppan is obtained or where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any relevant regulatory body.
- Variation
18.1
Toppan reserves the rights to amend the terms and conditions contained herein at any time upon notice (in such form as may be determined by Toppan) to the Customer.
18.2
Without limitation to the generality of the foregoing, this Agreement is deemed to be varied to the extent that the customer requests for any variation in the Service and such is agreed to in writing by Toppan.
- Assignment
The rights and obligations under this Agreement shall not be capable of assignment by the customer without the prior written consent in writing of Toppan, but subject thereto, shall be binding on and endure for the benefit of his successors and permitted assigns.
- Force Majeure
Toppan shall not have any liability whatsoever or be deemed to be in default for any delay or failure in performance under this Agreement resulting from acts beyond the control of Toppan, including without limitation acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, accident, fire, lightning, riot, strikes, lock-outs, industrial disputes (whether or not involving Toppan’s employees) or epidemics.
- Governing law and Jurisdiction
This Agreement is governed by the laws of the Republic of Singapore and the Customer and Toppan hereby submit to the exclusive jurisdiction of the Singapore courts.
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Toppan LeefungPte. Ltd 1 Kim Seng Promenade #18-01
(Regn: 197300555N) Great World City East Tower Singapore 237994 Tel (65) 6826 9681 Fax (65) 6820 3341