uThis SME Portal (consisting of www.smeportal.sg, its sub-domains and all applications available thereunder) is operated and maintained by NCS Pte Ltd (“NCS”)
Enterprise Singapore does not participate in the provision of any commercial services or advertisements provided in the SME Portal. Enterprise Singapore will thus not be responsible IN RELATION TO the content or provision of any such commercial services, advertisements or representations. Users of the SME Portal should make their own decision on whether to use the commercial services provided by advertisers based on commercial consideration and personal judgment. Users of the SME Portal may, as the result of making use of commercial services provided via the SME Portal or responding to advertisements on the SME Portal, receive correspondence from or engage in correspondence with advertisers regarding the promotion and/or the sale or purchase of advertisers' products or services. Any (i) such correspondence, (ii) associated sale or purchase of, delivery of and/or payment for such products or services, and (iii) associated terms, conditions, warranties or representations are solely between the corresponding users of the SME Portal and advertiser.
Enterprise Singapore does not warrant or ensure that the commercial services or advertisements provided in the SME Portal have conformed to the laws of Singapore.
Use and access to the SME Portal is granted to you subject to the following terms and conditions, the NCS Data Protection Policy and the Enterprise Singapore Privacy Statement (together hereafter "Portal Terms"). Please read these Portal Terms carefully as they are legally binding in nature.
Terms & Conditions
1. ACCEPTANCE OF TERMS AND CONDITIONS
By using and accessing the SME Portal, you agree to be bound by the Portal Terms as amended from time to time. Your continued access and use of the SME Portal shall constitute your agreements to all Portal Terms as amended from time to time. If you do not accept any of the Portal Terms, you must discontinue your use and access to the SME Portal immediately.
2. REGISTERED USERS SECTION
2.1. This clause applies to the use and access of the "Registered Users" section only.
2.2. In order to use and access the "Registered Users" section of this Portal, you must be registered as a user by completing the registration details. NCS reserves the rights to suspend or terminate your rights hereunder at any time if you breach the Portal Terms.
2.3. You shall be solely responsible for maintaining the confidentiality of your user name and password, and you undertake to:-
(i) immediately notify NCS of any theft or unauthorised use of your user name and/or password or any other breach of security;
(ii) log out of your browser at the end of each session in the "Registered Users" section of the SME Portal to ensure that others cannot access your registered account;
(iii) not disclose your user name or password to any third party; and
(iv) be solely and fully responsible for any activities that take place in the "Registered Users" section of the SME Portal through your user name, password or Registered User Account.
2.4. Without prejudice to clause 12 ("Disclaimer of Liability") below, Enterprise Singapore and NCS shall in no way whatsoever be liable to you for any loss, damage, costs, expense incurred by you as a result of, arising out of or in connection with any unauthorised access to or alteration of your password or Registered User Account, or the wrongful or fraudulent use of your user name or password.
3.1. Enterprise Singapore, a statutory board incorporated in Singapore under the Ministry of Trade and Industry and having an office at 1 Fusionopolis Walk, #01-02 South Tower, Solaris, Singapore 138628, is the owner of the trademark and service mark "SME Portal " (“Trademark”). Enterprise Singapore has granted NCS the non-transferable, non-exclusive right and license to use the Trademark in Singapore.
3.2. The copyright, trademarks and all other intellectual property used or otherwise contained in this Portal are owned by or licensed to NCS. You may not, without NCS' prior written permission:
(i) copy, reproduce, store, distribute, print, display, perform, publish, translate, adapt, vary, modify or create derivative works from the same or any part thereof, or
(ii) use, broadcast, hyperlink or transmit the same or any part thereof in any manner or by any means. Further, you may not insert a hyperlink to this SME Portal or any part thereof on any other websites or mirror any material contained on this SME Portal on any other server, website or webpage.
4. Use of information and Privacy/Data Protection Policies
By using and accessing this SME Portal, you agree with the Enterprise Singapore’s and NCS' treatment of the information and data provided by you (through the applications and services available in connection with this Portal) as are set out in this clause.
A) Enterprise Singapore Applications and Services
4.1. You agree that the information and data that you supply or disclose via the Enterprise Singapore applications and services available via this SME Portal will be treated in accordance with the ENTERPRISE SINGAPORE PRIVACY STATEMENT . In addition, with respect to such information and data:
4.1.1. You represent and warrant that you own or otherwise control all of the rights to the information and data, and that all such information and data is true and accurate to the best of your belief and knowledge, and will not cause any injury to any person or entity, and that the use and exploitation of such information and data by Enterprise Singapore or its agents shall not violate the rights of any third parties,
4.1.2. You further undertake to indemnify and keep indemnified the Enterprise Singapore, the Singapore government and each of their respective officers, employees, agents and partners against any claims howsoever arising from or connected to the information and data you supply, and
4.1.3. You further agree that by submitting any data or information via the Enterprise Singapore applications and services available via this SME Portal, including without limitation, by way of posting messages, uploading files, providing data, or engaging in any form of communication, you grant to Enterprise Singapore a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty free licence to use and exploit the foregoing in any media and manner, and you hereby waive all rights to any claim against Enterprise Singapore for any alleged or actual infringements of any intellectual property or proprietary rights in connection with the same.
B) Non-Enterprise Singapore applications and services
4.2. You agree that the information and data that you supply or disclose through your use of non-Enterprise Singapore applications and services available on this Portal shall be treated in accordance with the NCS Data Protection Policy. In addition, with respect to such information and data:
4.2.1. You further agree that by submitting any data or information through your use of non-Enterprise Singapore applications and services, including without limitation, by way of posting messages, uploading files, providing data, or engaging in any form of communication, you grant to NCS a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty free licence to use and exploit the foregoing in any media and manner, and you hereby waive all rights to any claim against NCS for any alleged or actual infringements of any intellectual property or proprietary rights in connection with the same,
4.2.2. You represent and warrant that you own or otherwise control all of the rights to the information and data, and that all such information and data is true and accurate to the best of your belief and knowledge, and will not cause any injury to any person or entity, and that the use and exploitation by NCS of such information and data shall not violate the rights of any third parties,
4.2.3. You further undertake to indemnify and keep indemnified NCS, its subsidiaries, affiliates, officers, employees, agents and partners against any claims howsoever arising from or connected to the information and data you supply, and
4.2.4. You agree that any and all your use of applications not belonging to NCS shall be governed solely by the relevant privacy policies pertaining to those applications.
5.1. Where appropriate, NCS and Enterprise Singapore, employ available technology to protect the security of communications made through the SME Portal. However, NCS and Enterprise Singapore, do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the SME Portal.
Internet communications may be susceptible to interference or interception by third parties. NCS makes no warranties that the SME Portal is free of infection by computer viruses or other unauthorised software.
You should take appropriate steps to keep your information, software and equipment secure.
These include installing a personal firewall and latest anti-virus software on your computer, and clearing your Internet browser cookies, cache and history after using any services on the SME Portal.
You are responsible for keeping your passwords confidential. Under no circumstances will NCS send you an email asking for your personal information. You should not reply to such emails or reveal your passwords to anyone.
6. MODIFICATIONS TO USE OF THIS WEB SITE
6.1. NCS may, in its sole discretion at without being required to give any notice, change, suspend or discontinue any aspect of this SME Portal at any time, including the availability of any SME Portal feature, database, or content. NCS may also impose limits on certain features and services or restrict your access to parts or all of the SME Portal without notice or liability.
7. REPRESENTATIONS AND WARRANTIES
7.1. You hereby represent, warrant and covenant that:
a. you shall not upload, post or transmit to or distribute or otherwise publish through this SME Portal any materials which :-
(i) may restrict or inhibit any other user from using and enjoying this SME Portal;
(ii) are unlawful, threatening, harmful, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, threatening, sexually explicit or indecent;
(iii) may constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law;
(iv) may violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right in any jurisdiction;
(v) may contain any viruses, Trojan horses, worms, time bombs or other harmful component designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any data or information contained therein;
(vi) may contain any information, software or other material of a commercial nature;
(vii) may contain advertising of any kind;
(viii) may constitute or contain false or misleading indications of origin or statements of fact;
(ix) may interfere with or disrupt the operation and functionality of this SME Portal or servers or networks connected to this SME Portal;
(x) may constitute unsolicited or unauthorized advertising, promotional material, "junk mail", "spam", "chain letter", "pyramid schemes" or any other form of solicitation except in those areas on this SME Portal that are designated for such purpose;
(xi) may constitute information, the publication, dissemination, distribution or disclosure of which may violate or contravene or be prohibited by the provisions of the Official Secrets Act (Cap 213), Singapore;
(xii) may disparage, discredit or denigrate or will tend to disparage, discredit or denigrate Enterprise Singapore or NCS; or
(xiii) may conflict with the interests of Enterprise Singapore or NCS or bring their good name or that of the Singapore government generally, into disrepute.
b. you shall not "stalk" or otherwise harass another person;
c. you shall not collect or store personal data about other users;
d. you shall not use any Meta tags or any other "hidden text" utilizing NCS’ or Enterprise Singapore’s names, the domain name of the SME Portal or trademarks or logos of NCS or Enterprise Singapore; and
e. you are at least eighteen (18) years old.
8.1. You hereby agree to indemnify, defend and hold NCS and Enterprise Singapore, and all their respective officers, directors, owners, agents, employees, content and information providers, affiliates, partners, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including attorney fees on a full indemnity basis) incurred by the Indemnified Parties in connection with any claim arising out of any information or content which you submit, post or transmit or make available on the SME Portal, your use of the SME Portal, any breach by you of the Portal Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required by NCS and/or Enterprise Singapore in the defence of any claim. NCS and Enterprise Singapore reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of NCS and Enterprise Singapore.
9. LINKS TO OTHER SITES
This SME Portal may contain links to websites, whether in the form of advertisements or otherwise, which are provided solely for your convenience only and should not be construed as being recommended or endorsed by NCS or Enterprise Singapore. These other websites are owned or controlled by third parties and the use and access of such websites is at your own risk and subject to the terms and conditions applicable to their respective use and access. Enterprise Singapore and NCS have no control over such websites and disclaim any responsibility or liability for the availability of any linked website or any link contained therein, and for any damage or loss or damage caused by use or reliance on anything provided therein.
10. DEALINGS WITH ADVERTISERS AND MERCHANTS
10.1. Your correspondence or business and other dealings with any merchant, advertiser or any other third party found on the SME Portal (including payment and delivery of related goods and services, and any other terms, conditions, warranties or representation associated with such dealings) are solely between you and such advertiser, merchant or third party. You agree that NCS and Enterprise Singapore, shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, merchants or third parties on the SME Portal, and you agree to release NCS and Enterprise Singapore from all liability or responsibility for the same. You further agree to indemnify and keep indemnified NCS and Enterprise Singapore against all loss, damage, cost and expense that NCS may suffer as a result of any claims made against NCS or Enterprise Singapore by such advertisers, merchants or third parties.
11. NO WARRANTIES
11.1. No warranty of any kind, implied, express or statutory, including but not limited to any warranty of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus or other contaminants or other malicious, destructive or corrupting code, trojan horses, agent programme or macros is given in connection with the SME Portal, including any links to third party websites. For the sake of clarity, Enterprise Singapore and NCS do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the SME Portal whether directly or indirectly.
11.2. You accept that any information provided on this SME Portal is general information provided to you in good faith and is not in the nature of advice. Information on this SME Portal is from sources that NCS believes to be current and accurate as at the date and time of publication. In addition, Enterprise Singapore and NCS do not make any representations or warranties that the information provided is reliable, accurate or complete or that access to the SME Portal will be uninterrupted, timely or secure.
11.3. The SME Portal may contain links to websites, whether in the form of advertisements or otherwise, which are provided solely for your convenience only and should not be construed as being recommended or endorsed by NCS or Enterprise Singapore. These other websites are owned or controlled by third parties and the use and access of such websites is at your own risk and subject to the terms and conditions applicable to their respective use and access. Enterprise Singapore and NCS have no control over such websites and disclaim any responsibility or liability for the availability of any linked website or any link contained therein, and for any damage or loss or damage caused by use or reliance on anything provided therein.
12. DISCLAIMER OF LIABILITY
12.1. Notwithstanding anything herein to the contrary, this SME Portal, including but not limited to the services, products or any other items available in connection with it, are provided on an "AS IS" and "AS AVAILABLE" basis. Enterprise Singapore and NCS and their respective subsidiaries, affiliates, officers, employees, agents, partners shall not be liable in any manner whatsoever for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, arising from or in connection with:-
(i) any access, use or the inability to use and access the SME Portal or reliance on the content therein;
(ii) any transaction performed on any web page on this SME Portal;
(iii) any loss or misuse or unauthorised disclosure of information;
(iv) any system, server or connection failure, error, omission, interruption, interception, delay in operation or transmission or computer virus;
(v) any access or use of any other websites linked to the SME Portal;
(vi) any content on this SME Portal;
(vii) any other matter in connection with any use of and/or reliance on the truth, accuracy, adequacy, availability, currency, title, non-infringement, quality, reasonableness, reliability, suitability and/ or completeness of the SME Portal, its contents or any part thereof, even if Enterprise Singapore, NCS or their respective subsidiaries, affiliates, officers, employees, agents, partners had been advised of the possibility of such losses, damages, costs and/or expenses. This exclusion clause shall take effect to the fullest extent permitted by law.
12.2. You acknowledge that your correspondence or business and all other dealings with any third party via the SME Portal, whether an advertiser or a merchant, is solely between you and such third parties and that Enterprise Singapore and NCS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of their presence on the SME Portal. You further agree to release the Enterprise Singapore and NCS from all liability or responsibility for the same. You agree to indemnify and keep indemnified Enterprise Singapore and NCS against all loss, damage, cost and expense that Enterprise Singapore or NCS may suffer as a result of any claims made against Enterprise Singapore or NCS by any third parties arising out of or in connection with any dealing you may have with the said parties.
13. USE OF INFORMATION RECEIVED FROM YOU
13.1. By your submitting data or information, posting messages, uploading files, inputting data or Content or engaging in any other form of communication (individually or collectively "Communications") to this SME Portal, you hereby grant to NCS a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform and display, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate, that use of the content does not violate any agreement and will not cause injury to any person or entity, and that you will indemnify and keep indemnified the NCS, all its officers, directors, owners, agents, employees, content and information providers, affiliates, partners, licensors and licensees against any claims resulting from the content you supply. NCS has the right but not the obligation to monitor and edit or remove any content in its sole discretion. NCS shall in no way whatsoever be responsible or liable for any content posted by you or any third party. You hereby waive all rights to any claim against NCS for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
13.2. NCS may monitor your use of the SME Portal, and may freely use and disclose any information and materials received from you or collected through your use of this SME Portal for any lawful reason or purpose.
13.3. You acknowledge that transmission to and from the SME Portal may not be confidential and your Communications may be read or intercepted by others. NCS makes no representation, warranty or assurance that your Communications will be treated as confidential or proprietary. You acknowledge and agree that by submitting Communications to NCS, no confidential, fiduciary, contractually implied or other relationship is created between you and NCS.
14.1. You agree that NCS may in its sole discretion terminate this agreement with you and any and all licences and rights granted by NCS to you hereunder, and your access to the SME Portal or any part thereof without any prior notice, without being liable therefore to you or any third party.
14.2. NCS reserves the right to perform housekeeping, deactivation and termination of accounts deemed inactive for a period of 6 months or more without being liable to you or any third party. Housekeeping would include clearing of your email box and calendar. Reactivation of a deactivated account will require re-registration and possibly re-creation of portal facilities including email and calendar.
14.3. Clauses 4.1.2, 4.2.3, 8, 10, 11, 12, 13, 14, 15, 16, 17, 22 and 23 shall be deemed to survive any termination of this agreement and shall continue to apply in full force and effect.
If any provision of the Portal Terms is declared invalid by any tribunal or competent authority, then such provision shall be deemed automatically adjusted to conform to the requirements for validity as declared at such time and as so adjusted, shall be deemed a provision of the Portal Terms as though originally included. If the provision invalidated is of such a nature that it cannot be so adjusted, the provision shall be deemed deleted from the Portal Terms as though the provision had never been included, in either case, the remaining provisions of the Portal Terms shall remain in full force and effect.
16. GOVERNING LANGUAGE
The text of the Portal Terms herein written in the English language is the authentic text and any difficulties and uncertainties in interpretation arising shall be solved by reference to this text and it shall prevail over any translation made hereof.
17.1. The failure of NCS to enforce at any time any of the provisions of the Portal Terms or to require at any time your performance of any of such provisions, shall in no way affect the validity of the Portal Terms or the right of NCS thereafter to enforce each and every provision.
17.2. No waiver of any default hereunder by NCS (or where appropriate, Enterprise Singapore) or any failure to enforce any right hereunder shall be deemed to constitute a waiver of any subsequent default with respect to the same or any other provisions hereof.
18. AMENDMENT TO THE SME PORTAL
18.1. NCS and/or Enterprise Singapore may, in its/their sole discretion, change, suspend or discontinue any aspect of this SME Portal at any time, including the availability of any content and your use of and access to the SME Portal.
You shall not assign or transfer, or purport to assign or transfer, any of its rights or obligations under the Agreement without the prior written consent of NCS. NCS shall be entitled to assign or transfer its rights, title, benefits, interests, obligations under the Agreement or any part thereof, without requiring your consent.
20. NO PARTNERSHIP
Nothing in the agreement shall create, or be deemed to create a partnership or joint venture between you and NCS.
21. ENTIRETY OF AGREEMENT
The Portal Terms constitutes the entire agreement between NCS and you with respect to your use of the SME Portal.
22. GOVERNING LAW AND JURISDICTION
By using and accessing the SME Portal, you agree that the laws of the Republic of Singapore shall govern such use and access and you agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore.
23. Application of Contracts (Rights of Third Parties) Act Cap53B
Enterprise Singapore shall be entitled, at its own discretion, to enforce any provision of the Portal Terms where applicable. Other than as aforesaid, no person who is not a party to the Portal Terms shall be entitled to enforce any provision of the Portal Terms.