Terms and Conditions
 

This website is owned by the Singapore Ministry of Defence (“MINDEF”) and operated by NCS Pte Ltd. Use and access to this website at www.ns.sg and its sub-domains (“Website”) is granted by NCS Pte Ltd (“NCS”) subject to the following terms and conditions as well as the Privacy Policy (collectively “Website Terms”). Please read these Website Terms carefully.

1  Acceptance of Website Terms

By using and accessing this Website, you agree to be bound by the Website Terms and as amended from time to time. Your continued use of this Website shall constitute your agreement to all such Website Terms as amended from time to time. If you do not accept any of these Website Terms, you must discontinue your use of and access to this Website immediately.

2  Singapore Ministry of Defence (“MINDEF”) Disclaimer

2.1  This Website is operated and maintained by NCS, and MINDEF has no interest and does not participate in the development of any commercial services or advertisements provided on this Website. MINDEF is therefore not responsible for the provision of any such commercial services or advertisements on this Website.

2.2  Your decision as to whether to use the commercial services provided by advertisers or merchants should be made independently and any correspondence, associated sale or purchase of, delivery of, and/or payment for products and services via the Website are subject to the Website Terms and is between yourself and such advertiser or merchant only.

2.3  All services not being the commercial services as referred to in clause 2.2 above shall not be to the Website Terms, but are subject to the MINDEF disclaimer.

3  Registered Users Section

3.1  This clause applies to the “Registered Users” section of this Website and shall only apply to you when you are using and accessing the “Registered Users” section.

3.2  In order to use and access the “Registered Users” section of this Website, you must be registered as a user by completing the registration details. NCS reserves the rights to suspend or terminate your rights hereinunder at any time if you breach the Website Terms.

3.3  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 Website to ensure that others cannot access your Membership Account or the “Registered Users” section;

(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 Website through your user name, password or Membership Account.

3.4  Without prejudice to provision 9 below, 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 Membership Account, or the wrongful or fraudulent use of your user name or password.

3.5  You shall not acquire any rights, title, interests over your user name or password or Membership Account and you agree that NCS shall be entitled in its sole discretion to terminate the use of the same at any time whatsoever, without being required to furnish any reason. In the event that your Membership Account is inactive for a consecutive period of six (6) months, NCS shall be entitled in its sole discretion to terminate the use of the Membership Account at any time whatsoever, without being required to assign any reason. Upon such termination, you shall no longer be entitled to use or access the services of the Website, and NCS may deactivate or delete your Membership Account and delete all related information and files. NCS shall not be held liable for the consequences for such termination and/or deletion.

4  Privacy Policy and Use of Data and Information

4.1  This clause will govern the use of non MINDEF e-Services and the use of NS Portal Lifestyle Programme. You agree that by submitting any data or information, including without limitation by way of posting messages, uploading files, providing data, or engaging in any form of communication, you grant to NCS the full and unrestricted right to use and disclose 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  You represent and warrant that you own or otherwise control all of the rights to the data and information, and that all such data and information 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 shall not violate the rights of any third parties.

4.3  You further undertake to indemnify and keep indemnified NCS, its subsidiaries, affiliates, officers, employees, agents and partners against any claims resulting from data and information you supply.

4.4  You agree that any and all use of applications not belonging to NCS shall be governed by the relevant privacy policies.

5  Hyperlinks

5.1  You are hereby granted a revocable, non-exclusive and non-transferable right to provide hyperlinks from your website to this Website. In consideration of being granted this right, you undertake that you shall:-

(i)  not frame the Website or any part thereof including without limitation the Content and trade marks;

(ii)  not use any meta tags with NCS’ name, the domain name of the Website, or any trade marks of NCS;

(iii)  use only active links to the Content and to not use deep hyperlinks (a deep hyperlink is a hyperlink that provides a link to, or access to, a web page or internet location that is part of this internet domain, other than a hyperlink to the home page of that domain or the home page of a subsidiary domain) or embedded hyperlinks (an embedded hyperlink refers to any method or mechanism of hyperlinking where it appears that (i) the hyperlinked material is part of the web page or internet location containing the hyperlink or (ii) the hyperlinked material is not part of the web page or internet location where it is originally located);

(iv)  not use keying in connection with the Content (keying is a process or method by which a web page containing NCS’ Content will be returned in search engine results where a search is conducted for a competitors’ identity or material and vice versa);

(v)  retain any copyright or trade mark symbols that appear next to the Content;

(vi)  supervise and control the use of Content in accordance with these Website Terms;

(vii)  not bring into disrepute NCS or portray NCS in a false, misleading, derogatory or otherwise offensive manner;

(viii)  not do anything that may constitute information, the publication, dissemination, distribution or disclosure of which may violate or contravene or be prohibited by the provisions of the Singapore Official Secrets Act (Cap 213);

(ix)  not do anything that may cause ill-will or misunderstanding between the Singapore Government or any of the Singapore Armed Forces on one hand and any member, members or group of members on the other;

(x)  not do anything that may disparage, discredit or denigrate or will tend to disparage, discredit or denigrate any aspect of service in, or the conditions obtaining in, all or any of the Singapore Armed Forces, or which is likely to lower the morale or be prejudicial to discipline therein;

(xi)   not do anything that may conflict with the interests of MINDEF or Singapore Armed Forces, or bring their good name or that of the Singapore civil service generally, into disrepute;

(xii)  not use the Content in a manner that gives the impression or represents that any person, entity or event, is in any way related to, sponsored by, or affiliated with us; and

(xiii)  comply with any demand or request by NCS in relation to your use of the Content.

6  Contents

6.1  NCS hereby grants you a limited, revocable, non-exclusive, non-transferable, personal licence to access and view, download the Contents and make one (1) copy for personal, non-commercial use of viewing, reading and retaining for reference only, provided that you preserve and acknowledge all copyright and other notices contained therein. Copying or storing of any of the Content other than personal, non-commercial use (whether in electronic or hard-copy form) is expressly prohibited without the prior written permission from NCS or the relevant rights owner.

6.2  In consideration of being granted the right under clause 6.1 above, you undertake that you will not, and will not allow any third party to copy, reproduce, store, distribute, print, display, perform, publish, translate, adapt, vary, modify or create derivative works of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense or grant a security interest in or otherwise transfer any right in any of the text, graphics, logos, icons, images, audio clips, digital downloads, hyperlinks, data compilations and software on this Website (“Contents”) without prior written consent, except as expressly authorised by these Website Terms. For the avoidance of doubt, this licence shall not operate as any transfer of title.

6.3  For the avoidance of doubt, all software used on or in connection with the Website is owned by or licensed to NCS. The licence granted under 6.2 above is to use the software on a single computer solely in connection with the Website and in accordance with the Website Terms except where the software had been accompanied by an end-user licence agreement in which event your use of such software shall be governed thereto accordingly. NCS reserves the right to check the version of your software, if any, and may automatically download upgrades to your computer system to update, enhance and further develop this Website.

7  Linked Websites

This Website may contain links to other 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. These 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 such use and access. NCS has no control over such websites and cannot accept 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.

8  Amendment To Website

NCS and/or MINDEF may, in its/their sole discretion, change, suspend or discontinue any aspect of this Website at any time, including the availability of any Content and your use of and access to this Website.

9  Exclusion of Liability

9.1  Notwithstanding anything herein to the contrary, this Website, including but not limited to the services, products or any other items, are provided on an “AS IS” and “AS AVAILABLE” basis. NCS and its 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 this Website or reliance on the Content;

(ii)  any transaction performed on any web page on this Website;

(iii)  any loss or abuse 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 this Website;

(vi)  any Content on this Website;

(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 Website or any part thereof, even if NCS or its 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.

9.2  You acknowledge that your correspondence or business and all other dealings with any third party via the Website, whether an advertiser or a merchant, is solely between you and such third parties and that 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 Website. You further agree to release NCS from all liability or responsibility for the same. You agree to indemnify and keep indemnified NCS against all loss, damage, cost and expense that NCS may suffer as a result of any claims made against NCS by any third parties arising out of or in connection with any dealing you may have with the said parties.

9.3  Subject to the Website Terms herein, you hereby agree to indemnify, defend and hold NCS and all its subsidiaries, affiliates, officers, employees, agents, partners harmless from and against any and all liability and costs incurred in connection with any claim arising out of any data and information which you post, upload, provide, or communicate via the Website, your use of the Website, any breach by you of the Website Terms or any of the foregoing representations, warranties and covenants, including, without limitation, attorney fees and costs on a full indemnity basis. You shall cooperate as required by NCS in the defense of any claim. NCS reserves the right, at its own expense, to assume the sole defence and control of any matter subject to indemnification by you and you shall not in any event settle any matter without NCS’ prior written consent.

10  No Warranties

10.1  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 Content or this Website, including any links to third party websites. For the sake of clarity, NCS does not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of this Website whether directly or indirectly.

10.2  You accept that any information provided on this Website is general information provided to you in good faith and is not in the nature of advice. Information on this Website is from sources that NCS believes to be current and accurate as at the date and time of publication. In addition, NCS does not make any representations or warranties that the information provided is reliable, accurate or complete or that access to the Website will be uninterrupted, timely or secure.

10.3  Responsibility for the content of advertisements or linked websites appearing on this Website rests solely with the advertiser, merchant or third party as the case may be. The placement of such advertisements or linked websites by NCS does not constitute a recommendation or endorsement, and NCS shall not be held responsible for any representations made in connection thereto.

11  Intellectual Property

11.1  Except as otherwise expressly stated in this Website, the copyright and all other intellectual property in this Website is 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 Content, this Website or any part thereof, or (ii) use, broadcast, hyperlink or transmit in any manner or by any means. Further, you may not insert a hyperlink to this Website or any part thereof on any other websites or mirror any material contained on this Website on any other server, website or webpage save as otherwise provided herein.

11.2  All trade marks displayed on this Website belongs or is licensed to NCS. If you use any of NCS’ trade marks in reference to anything made available to you whether via this Website or otherwise, you must include a statement attributing that trade mark to NCS. You must not, however, use any of NCS’ trade marks as your trade marks whether in whole or in part, in connection with anything not originating from NCS, in a manner which may be confusing, misleading or deceptive, or in a manner which may disparage NCS.

12  Transmission of Information

12.1  No data transmission over the internet is totally secure and may be subject to interruption, interception, hacking, transmission blackout, delayed transmission, and/or incorrect data transmission. Whilst NCS strives to protect such information, NCS does not warrant and cannot ensure the security of any information which you transmit to NCS, and all such information transmitted to NCS by you is at your sole risk and without any representation, warranty or assurance that it would be treated as confidential or proprietary.

12.2  NCS shall also not be liable for malfunctions in any communications not under its control which may affect the accuracy, completeness, authenticity or timeliness of communications that may be sent and does not warrant that any defect which may be identified would be corrected.

12.3  You acknowledge and agree that by submitting any information to NCS, no confidential, fiduciary, contractually implied or other relationship is created between you and NCS other than as expressly set out in the Website Terms herein.

13  Representations And Warranties

13.1  You hereby represent, warrant and covenant that you shall not post, upload, or transmit to or distribute or otherwise publish through the Website any materials which:-

(i)  may restrict or inhibit any other user from using and enjoying the Website;

(ii)  are unlawful, threatening, harmful, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, threatening, sexually explicit or indecent;

(iii)  may constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate law;

(iv)  may violate, plagiarize or infringe the rights of third parties including, without limitation, intellectual property rights 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 the Website or servers or networks connected thereto;

(x)  may constitute unsolicited or unauthorized advertising, promotional material, “junk mail”, “spam”, “pyramid schemes” or any other form of solicitation except in those areas on the Website that are designated for such purpose;

(xi)  harass another or other persons;

(xii)  collect or store personal data about other users;

(xiii)  may constitute information, the publication, dissemination, distribution or disclosure of which may violate or contravene or be prohibited by the provisions of the Singapore Official Secrets Act (Cap 213);

(xiv)  may cause ill-will or misunderstanding between the Singapore Government or any of the Singapore Armed Forces on one hand and any member, members or group of members on the other;

(xv)  may disparage, discredit or denigrate or will tend to disparage, discredit or denigrate any aspect of service in, or the conditions obtaining in, all or any of the Singapore Armed Forces, or which is likely to lower the morale or be prejudicial to discipline therein;

(xvi)  may conflict with the interests of MINDEF or Singapore Armed Forces, or bring their good name or that of the Singapore civil service generally, into disrepute.

14  Severability

If any provision of the Website 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 term and condition herein 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 as though the provision had never been included, in either case, the remaining provisions shall remain in full force and effect.

15  Waiver

15.1  The failure of NCS to enforce at any time any of the Website Terms herein or to require at any time your performance of any of such provisions, shall in no way affect the rights of NCS thereafter to enforce each and every provision.

15.2  No waiver of any default hereunder by NCS 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.

16  Entirety Of Agreement

The Website Terms set out herein and as amended or supplemented from time to time shall constitute the entire agreement between you and NCS with respect to your use of the Website.

17  Governing Law and Jurisdiction

17.1  By using and accessing this Website, 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.

17.2  Any dispute arising out of or in connection with the Website Terms herein, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force which rules are deemed to be incorporated by reference herein. The law of the arbitration shall be the International Arbitration Act Cap 143. The arbitration tribunal shall consist of one (1) arbitrator to be appointed by the Chairman of SIAC. The language of the arbitration shall be English.

17.3  In the event that the laws of your jurisdiction either do not permit or impose restrictions on the use and/or access to the contents of this Website, you shall forthwith discontinue any such use and/or access, or comply with such restrictions, as the case may be.

18  Assignment

You shall not assign or transfer, or purport to assign or transfer, any of the rights or obligations herein without the prior written consent of NCS. NCS shall be entitled to assign or transfer its rights, title, benefits, interests, obligations herein or any part thereof, without requiring your consent.

19  No Partnership

Nothing herein shall create, or be deemed to create a partnership or joint venture between you and NCS.

20  Termination

You agree that NCS may in its sole discretion terminate all licences and rights granted herein, including your access to the Website or any part thereof without any prior notice, without being liable therefore to you or any third party.

21  Business Trust Secretariat

Mr. Ramesh Vakkiprath
35, Selegie Road, #09-25, Parklane,
Singapore 188307
Email: ramesh@cnsg.com.sg
http://www.commercetrust.com.sg