1. MEANING OF TERMS
Services means the electronic filing service, known also as eLitigation, and other services provided by CrimsonLogic over the Internet;
Service Provider means a party other than CrimsonLogic which,
(a) furnishes or supplies information or content to CrimsonLogic for onward on-line provision to the Subscriber through the Website or Services; and/or
(b) provides services to the Subscriber through CrimsonLogic whether via the Website or Services or otherwise.
Service Providers include but are not limited to banks, regulatory bodies, the Courts, tribunals, certification authorities.;
SingPass shall mean the online personal authentication and password system operated or provided by the Government of Singapore;
You means you, the person accessing the Website and/or using the Services;
Website refers to the location of the webpages on the internet over which You may assess for the purpose of using the Services, namely www.elitigation.sg, and includes such other uniform resource locators as may be provided or substituted by CrimsonLogic from time to time
2. AVAILABILITY OF SERVICES
2.1 CrimsonLogic reserves the right to modify, enhance, withdraw or suspend the Services, or any part thereof, at any time.
2.2 The Services will be made available during such hours as may be notified by CrimsonLogic. CrimsonLogic reserves the right to alter or extend the service hours from time to time.
2.3 Access to and use of a Service Provider’s services and facilities may require the approval of the Service Provider. The Service Provider may impose its own terms and conditions and charges for access to and use of its services. You are responsible for ensuring that You have obtained all necessary approvals, consents and permissions for access to and use of a Service Provider’s services and facilities.
3. ACCESSING THE SERVICES
3.1 You shall obtain, install and maintain such suitable equipment, software, and communication means as may be required to make connection to the World Wide Web and to use the Services, including a computer and modem, network, telecommunication facilities or other access devices, and other ancillary equipment.
3.2 Access to the Services require a set of valid SingPass access codes. You shall take all necessary steps to obtain Your SingPass access codes from the Government of Singapore and to maintain the same in working order. You shall be responsible for ensuring the security and confidentiality of the password(s) associated with Your SingPass access codes.
3.3 CrimsonLogic shall not be obliged to provide access to the Website to You unless Your employer has authorized, permitted or designated You to access the Website and use the Services. You should approach your employer if You believe that You ought to be so authorized, permitted or designated.
4. AUTHORISED USE ONLY
4.1 You are responsible for ensuring that Your access to the Website and Your use of the Services are within the limits of any policies or instructions that are imposed by Your employer. All communications and activities occurring under or referable to Your SingPass access codes shall be deemed to have been authorized. Your unauthorized access and use may expose Your employer, amongst other things, to liability for all costs, fees, and expenses arising from any communication and activity occurring under or referable to Your SingPass access codes.
4.2 You agree that access to and usage of the Services is for authorized purposes only and You undertake not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or information obtained through the Services.
4.3 You undertake not to use the Services for or to carry out any activity that may be prohibited under the laws of Singapore or under any other applicable law. You undertake not to use abusive, harassing, threatening, insulting, defamatory, obscene or otherwise offensive language (including language offensive to race and/or religion) when providing content, information and data, in particular when using the comments feature of the Services.
4.4 You undertake to implement reasonable measures to secure Your computers, network and telecommunications equipment from unauthorised access and malware (including but not limited to viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful). You agree not to submit, upload or transfer any unauthorized files, codes (including but not limited to viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful), documents and information, in the course of using the Services. You must not attempt to gain unauthorised access to the Website, the server on which the Services are hosted or any server, computer or database connected to the Service. You must not attack and/or allow any of Your equipment to be used to attack the Services via a denial-of-service attack or a distributed denial-of service attack or any other form of attack.
5. PROVISION OF INFORMATION
5.1 You warrant and represent that Your access and use of the Services is duly authorized, in particular, you are duly authorized to upload, submit, transmit or otherwise deal with all content, information and data provided by You.
5.2 You warrant and represent that all content, information and data provided by You are true, accurate, current and complete. You acknowledge and agree that the Courts and/or the Government may make decisions or otherwise act or omit to act in reliance on the content, information and data provided by You on the assumption that they are true, accurate, current and complete.
5.3 You hereby authorize CrimsonLogic to deal with any data or information submitted by or to You, in any manner, as CrimsonLogic deems necessary to carry out the Services. Without limitation to the foregoing, You consent to the collection, use, disclosure, retention and/or processing of Your data, including personal data, by CrimsonLogic and/or its nominees for the use of the Services, and any other purposes associated with litigation and court proceedings, during the term of your employer’s eLItigation Services Subscriber Agreement and for a period of seven (7) years after its termination. You acknowledge and agree that Your data, including personal data, may be adapted, altered, combined with other data and/or transmitted to third parties, including but not limited to the Courts and/or the Government.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All intellectual property rights (including copyright and trade marks) contained in, relating to or in connection with the Website and Services (including text, design layout, graphics, logos, icons, sound recordings and software) are owned by CrimsonLogic or its licensors. No materials provided through the Website or Services, including text, graphics, compilations, computer programs, code and/or software may be reproduced, modified, adapted, distributed, published, displayed, uploaded, broadcast, posted, transmitted or hyperlinked in any manner and in any form without CrimsonLogic’s express, prior written approval and that of the respective intellectual property owners.
6.2 You agree that document or material uploaded to or sent by You through the Website or Services may be downloaded and reproduced by another user of the Service whether or not You intended such user to receive a copy of that document or material.
7. EXTERNAL LINKS
7.1 The Website and/or the Services may provide links to other World Wide Web sites or resources. As CrimsonLogic has no control over such sites and resources, You acknowledge and agree CrimsonLogic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, information or data available from such external sites or resources. You further acknowledge and agree that CrimsonLogic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, information or data available on or through such external site or resource.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
8.1 THE SERVICES AND ALL ANCILLARY SERVICES (INCLUDING BUT NOT LIMITED TO TRAINING AND TECHNICAL SUPPORT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CRIMSONLOGIC DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, TO THE EXTENT PERMITTED BY LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8.2 CrimsonLogic does not warrant that the Website and Services will meet Your requirements or that the Website and Services will be uninterrupted, timely, secure or error-free. CrimsonLogic does not warrant the security of any information transmitted over the Internet as no data transmission over the Internet can be guaranteed as totally secure. Accordingly, any document or information which is transmitted by You, whether to CrimsonLogic or to any other party, is transmitted at Your own risk.
8.3 CrimsonLogic is not responsible for the availability, content or security of external websites or websites belonging to Service Providers which may be linked or integrated with the Website. CrimsonLogic undertakes no liability, whether in contract, tort or otherwise for the acts, neglects and omissions of the Service Providers or other third parties, including without limitation third party providers of telecommunication, computer or internet services or for faults in or failures of their apparatus, equipment or systems.
8.4 CrimsonLogic shall not be liable to You or any other party for any damages, loss, cost or expense suffered by You or any other party as a result of:
(a) an action brought by a third party even if such loss was reasonably foreseeable or CrimsonLogic has been advised of the possibility of the Subscriber or any other party suffering or incurring the same;
(b) the reliance on or use of any data, information, content or matter provided by the Service Provider via the Services or the accuracy, correctness or completeness thereof;
(c) any errors, interruptions or other occurrence whatsoever arising out of any form of communications or other facilities not provided by CrimsonLogic;
(d) any data or other information input, sent or received by or to You or through the Services;
(e) any inability to access the Services as a result of any error, interruptions, malfunction, downtime or unavailability of the SingPass system;
(f) Your failure to keep Your associated with the SingPass system secure and confidential; and
(g) any occurrence not due to CrimsonLogic’s direct default.
8.5 In no event shall CrimsonLogic be liable for any loss of business, profit, goodwill or any type of special, indirect or consequential loss regardless or the form of action, whether in contract, tort or otherwise, and even if foreseeable or if CrimsonLogic has been advised of the possibility of such damages. In particular, CrimsonLogic shall not be liable for any legal professional fees or fees paid to courts and/or governmental bodies which may have been incurred by You or any other third party as a result of any error in any document transmitted through the Services.
8.6 You shall indemnify and keep CrimsonLogic harmless against any damage or claim by any parties which may arise out of Your access to the Website or use of the Services and agree to notify such parties in writing that CrimsonLogic shall have no liability to them.
8.7 CrimsonLogic shall not be responsible for any dealings (i) between You and the Service Providers or (ii) between You and another user of the Services whether or not such dealings are facilitated through the use of the Services.
8.8 You agree that You shall not bring any claims, actions or proceedings whatsoever against the Service Providers in respect of any damages, loss, cost and expense arising from the use or reliance on the data, information, content or matter provided by the Service Providers via the Website or Services.
10. GOVERNING LAW
10.1 This Agreement shall be governed by and construed in accordance with the laws of Singapore. The parties agree to submit to the exclusive jurisdiction of the courts of Singapore.
10.2 Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct, acceptable content and use of the Website and the Services. Details contained on the Website have been prepared in accordance with Singapore law and may not satisfy the laws of any other country. CrimsonLogic does not warrant that the details on the Website will satisfy the laws of any country other than Singapore.