As part of our efforts to serve you better, the Corporation has with effect from 5 January 2004, adopted and introduced the Singpass authentication service and the e-Service Authorisation System (EASY) for purposes of the use of and acess to the Krypton Site.
As a result of the new authentication and verification processes, the Terms and Conditions for Use of Website Services at Krypton (“Terms and Conditions”) have been updated. To use the Krypton Site and the services offered, please read the following updated Terms and Conditions carefully and if you agree, accept the same before using the Krypton services.
TERMS AND CONDITIONS FOR USE OF WEBSITE SERVICES AT KRYPTON
THE TERMS AND CONDITIONS SET OUT BELOW FORM THE BASIS ON WHICH WE, JURONG TOWN CORPORATION (THE "CORPORATION") PROVIDE YOU WITH THE CONVENIENCE OF VARIOUS SERVICES ON-LINE. BY USING THIS ON-LINE FACILITY, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND ALL OTHER TERMS, POLICIES, RULES AND REGULATIONS WHICH ARE INCORPORATED BY REFERENCE.
1. Meanings and Interpretations
1.1 In these Terms and Conditions, the following words shall have the meanings assigned to them unless stated otherwise or the context requires a different meaning.
"Account" means the User's account as designated by the Corporation under which the User may submit Application(s) or otherwise use the Website Services by using the User ID and Password issued to the User by the Corporation.
"Application" means an application made by the User on-line at the Website for Approval by the Corporation in respect of the JTC Facilities and “Applications” shall be accordingly construed.
"Approval" means the approval to be given by the Corporation following the submission of an Application by the User whether notified to the User through the Website or by traditional means and “Approvals” shall be accordingly construed.
"GST" means the goods and services tax chargeable under the Goods and Services Tax Act (Cap. 117A).
"Information" means the information and data provided by the User to the Corporation at any time, whether or not in connection with the use of the Website Services, including the registration particulars of the User, any feedback or responses to surveys conducted that may be given by such User.
"JTC Facilities" means the facilities offered to Users pursuant to their relationship with the Corporation (including the right to use and/or to do such other acts in respect of the said facilities), which may be made available or granted to Users subject to an Approval having been issued.
"JTC Records" means information and data, including those relating to the User, available in the records of the Corporation and which may be retrieved and made available by the Corporation to facilitate the submission of Applications.
"On-line Payment Services" means the services or facilities offered or made available at or through the Website by On-line Payment Service Providers and which enable the on-line payment of monies due from Users to the Corporation for the supply of the JTC Facilities.
"On-line Payment Service Providers" means the third parties who offer and provide On-line Payment Services at or through the Website as well as the means, facilities and interconnectivity with the Website for the purpose of the On-line Payment Services.
"Service Officer" means the officer appointed and designated by the Corporation, as named at the Website or such other person as may be notified by the Corporation, to attend to matters relating to the User’s Account.
"Specific Terms" means the specific terms applicable to certain Website Services or JTC Facilities, as the case may be, as set out at the Website.
"Terms and Conditions" means these terms and conditions which form the basis of the agreement for the use of the Website Services provided at the Website, including the Specific Terms (if applicable) and any other terms, documents, plans, guidelines or other directions referred to herein, as may be supplemented, amended, varied or modified by the Corporation.
"User" means such person who has a pre-existing contractual relationship with the Corporation and who has been issued a User ID and Password to use the Website Services at the Website and "Users" shall be accordingly construed.
"User ID and Password" means the identification of the User and the password issued by the Corporation or designated by the User and to be used by the User to access the Website Services or submit Applications under the User’s Account.
“Website” means this Internet website owned and operated by the Corporation accessible at the following uniform resource locator (url) http:// krypton.jtc.gov.sg.
"Website Services" means the services made available to Users at the Website by the Corporation, for informational purposes or which may enable Users to submit Applications and/or obtain Approvals.
1.2 Reference to a law, by-law, rule, regulation, directive or order refers to the same as amended, modified or replaced from time to time and to any such law, by-law, rule, regulation, directive or order made under the same.
1.3 References to persons include bodies corporate or unincorporated, including partnerships, their successors and assigns. Words importing gender shall include every other gender.
1.4 References to "Our", "We" and "Us" shall be references to the Corporation.
1.5 References to "You" and "Your" shall mean references to each User.
1.6 References to Clauses shall mean the clauses of these Terms and Conditions. Title headings are inserted for convenient reference only and shall not affect the interpretation of the substantive provisions.
2. Eligibility
2.1 You are eligible to use the Website and the Website Services only if You satisfy the following:-
2.1.1 You have an existing contractual relationship with the Corporation and have been issued a User ID and Password by the Corporation;
2.1.2 You have the legal capacity to enter into and form contracts under the applicable laws and in any event, if You are an individual, You are at least 21 years of age;
2.1.3 You have duly completed the registration process for purposes of using the Website in the manner prescribed by Us and have provided all information required in registering Yourself with Us and such information provided is accurate, up-to-date and complete, which information shall be maintained and updated promptly so as to ensure the accuracy and currency thereof at all times; and
2.1.4 You agree to abide by and comply with these Terms and Conditions and any of Our directions and stipulations relating to the use of the Website Services at all times.
2.2 Your registration with Us and Your use of the Website Services shall be subject to Our being satisfied that You are properly qualified to be a User and shall be conditional at all times on Your complying and observing these Terms and Conditions.
2.3 Notwithstanding any of the foregoing, We shall have the sole and exclusive right to receive, process and approve all Applications according to such qualifying criteria as We deem fit and may, at Our discretion reject any such Application or terminate Your use of the Website Services as appropriate. Further, if You have been or are in breach of any of these Terms and Conditions or have been suspended permanently or temporarily from using the Website or the Website Services, whether or not You have been notified, You shall be precluded from submitting any Applications regardless of whether You satisfy the conditions in Clause 2.1.
3. Website Services
3.1 The Corporation provides and enables the use of the Website Services over the Internet for Your convenience to enable You to submit Applications and retrieve information on-line. Other services may be offered from time to time in the future which will be included within the scope of Website Services and made available subject to such terms as determined by Us.
3.2 In providing the Website Services, We will not be in any way involved in the management or use of the Your Account nor for verifying the identity of the individual operating the Account, whether or not authorised by You.
4. Submission of Applications
4.1 Following Our issuance of a Password and User ID to You, You may proceed to use the Website Services and submit Applications for processing by the Corporation.
4.2 For the purposes of assisting You in Your submission of Applications, We may, for Your convenience only, retrieve, compile and reproduce the JTC Records, whether or not based on Information You previously supplied to Us. Please check and independently verify that all such JTC Records are in order and confirm the accuracy of the said JTC Records before submitting Your Application.
4.3 In the event that You discover or identify any error, omission, mis-statement or mis-description in the JTC Records, please notify Your Service Officer immediately of the said error, omission, mis-statement or mis-description, failing which You shall be deemed to have independently verified and confirmed all the JTC Records in relation to which an Application is submitted and shall be solely responsible for any error in the JTC Records on which Approvals may be based.
4.4 You acknowledge and agree that notwithstanding the fact that by omitting to correct any inaccuracy in the JTC Records and submitting the Applications based on such JTC Records, You are deemed to have provided the said information contained in the JTC Records.
4.5 We shall be entitled to act on the Applications submitted and will not be obliged or required to verify or further confirm the JTC Records or any other details of Your Applications.
5. Approvals
5.1 Subject to Your providing all required information for making an Application and meeting the required criteria, We may grant and issue the requested Approval on-line through the Website or otherwise notify You of such Approval by traditional means in the manner as stipulated by Us, depending on the type of Application in question.
5.2 You acknowledge that We retain the sole discretion of granting any requested Approval which shall in any event be subject to:-
5.2.1 the verification of Your identity and capacity as a User;
5.2.2 Your satisfying such conditions as may be stipulated by Us; and
5.2.3 all required regulatory or other approvals, consents and licences having been obtained and Your observing and complying at all times at Your own cost and expense with the provisions of all Acts of Parliament, rules, regulations, orders and other statutory provisions in force from time to time and applicable in respect of which such Approval is granted,
and We reserve the right to withdraw any Approval given in the event that it is granted as a result of false or inaccurate information provided in the Application (including the JTC Records). Approvals granted (whether or not subsequently withdrawn) shall be without prejudice to any dispute or legal action that may be pending between You and Us and shall not be construed as a waiver of our rights under any circumstances. Our decision shall be taken as final and We shall not be obliged to divulge or furnish any reason for Our decision nor shall We be liable for any costs, expenses, losses or damages suffered as a result of Our decision.
6. Payment of Fees, Costs and Expenses
6.1 Without prejudice to the above provisions, You agree to pay on demand, if required, and We reserve the right to withdraw, cancel or revoke any Approval we grant in the event You fail to make or We do not receive by the due date, for any reason whatsoever, full payment of:
6.1.1 such fees or charges as We may impose for Our supply of any JTC Facilities and/or the processing of any Approval we grant;
6.1.2 all legal costs and all other expenses incurred or to be incurred by Us in connection with Your Application and the grant of the Approval including the preparation, finalisation and completion of the documents relating to the Approval and in respect of matters incidental thereto or arising therefrom;
6.1.3 all stamp duties payable on the said documents and all other costs and expenses incurred or to be incurred in connection therewith;
6.1.4 the amount(s) of GST charged or chargeable in relation to the supply of any goods or services by Us or on Our behalf.
6.2 For Your convenience, the Corporation allows You to make on-line payments of any amounts due to Us in relation to the supply of JTC Facilities and/or as set out under this Clause 6 by utilising the On-line Payment Services subject to:
6.2.1 Your compliance with the requirements of the On-line Payment Service Providers in connection with the use of the On-line Payment Services; and
6.2.2 Your acknowledgement and agreement that -
(i) the On-line Payment Services are the sole responsibility of the On-line Payment Service Providers and require the use thereof from the relevant website(s) of the On-line Payment Service Providers which are hyperlinked to and accessible through the Website;
(ii) the Corporation shall not be deemed to be responsible for nor deemed a provider of the On-line Payment Services nor any part thereof notwithstanding Your access to the On-line Payment Services through the Website or otherwise;
(iii) the On-line Payment Services may not be available if any problems arise with the interconnectivity between the Website or the respective website(s), systems or facilities of the On-line Payment Service Providers; and
(iv) any failure or non-availability of the On-line Payment Services shall not absolve You from Your liability to make the payments due to Us as they fall due.
7. Obligations and Warranties of Users
7.1 You warrant and undertake:-
7.1.1 to honour all Applications You submit and will not cancel or retract any such Applications unless You notify Us of such cancellation or retraction in writing either through the Website or by letter;
7.1.2 to keep the information provided at or obtained through the Website confidential and not use the same or disclose the said information to any other third party for any purpose whatsoever;
7.1.3 to maintain the security and confidentiality of the User ID and Password issued to You and to use the same only for the purposes contemplated in these Terms and Conditions;
7.1.4 not to do any act which may impose an unreasonably or disproportionately large load on the infrastructure or facilities or interfere with the proper working of the Website whether by the use of any device or software;
7.1.5 not to undermine the security or integrity of the computer systems or networks used by Us or that of other Users and not gain or attempt to gain unauthorised access to such computer systems or networks; and
7.1.6 to observe and comply at all times with any of Our directions or stipulations relating to the use of the Website Services and submission of Applications and any applicable laws and not do any act or permit any of Your employees or authorised persons to do any act which may violate or contravene any such laws;
7.1.7 not to engage in the operation of any unlawful business and not use or permit any person to use Your Account for any unlawful purpose or in contravention of any applicable laws, or rules, byelaws or regulations of any government or quasi-government body; and
7.1.8 to observe and comply with all applicable directions, stipulations and/or requirements relating to the use of the On-line Payment Services, as may be stipulated at the Website, the respective websites of any of the On-line Payment Service Providers or otherwise.
7.2 You should consult the relevant authorities or bodies in respect of any issues relating to any Application to be submitted to the Corporation prior to making the said Application and shall assume full and sole responsibility and not hold Us liable for any loss, damage or inconvenience caused by having to comply with such conditions and requirements of the relevant authorities or bodies upon receipt of Our Approval in connection therewith or if You, upon obtaining Our Approval, are unable to perform the acts or use the JTC Facilities for which the Approval is granted in any manner due to such conditions and requirements imposed by the relevant authorities or bodies.
7.3 As a User, You are deemed to consent or agree unless otherwise expressly notified to Us in writing to Our communicating with You or sending You promotional or other materials which We consider may be of interest to You or are otherwise related to the Website Services or the JTC Facilities.
8. Password and Security
8.1 You shall be responsible for maintaining the use of Your Account and the confidentiality of Your User ID and Password issued by Us. You shall ensure that all persons using Your Account and/or User ID and Password comply with all the terms herein and undertake to be solely responsible for all activities and actions, including Applications made or access to information provided at the Website under Your Account and/or using Your User ID and Password, whether authorised by You or not.
8.2 In the event that it is discovered that Your User ID and Password is compromised in any manner, You will immediately notify Us of the same, in which case, We will issue a new password. You agree to use and change the new password upon issuance by Us.
9. Information
9.1 For the purposes of registering with Us and using the Website and the Website Services, We will require Information to be provided by You and may further request that feedback be given. In providing the Information, You take sole responsibility for the same and warrant that the Information supplied to Us:-
9.1.1 is not misleading or inaccurate;
9.1.2 does not infringe the intellectual property rights of any third party;
9.1.3 does not contain illegal, defamatory, libelous, pornographic or obscene materials or promote sexually explicit materials;
9.1.4 does not violate any applicable laws (including export controls, consumer protection or unfair competition laws);
9.1.5 does not contain or will not import any viruses, Trojan horses, timebombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate system, data or personal information of Users;
and We reserve the right to remove or edit any Information which We find or believe violates any of the above requirements or creates liability or causes Us to lose the services of internet service providers or other suppliers.
9.2 In the providing the Information, You agree and hereby authorise Us to:-
9.2.1 use such Information as we deem appropriate in connection with Our assessment of any Application You submit and Our grant of Approval in respect thereof;
9.2.2 disclose such Information to other governmental agencies and bodies so that You may have a wider service selection; and
9.2.3 disclose such Information to the On-line Payment Service Providers or such other parties as may be required to facilitate Your use of the On-line Payment Services.
9.3 You agree to keep confidential all information that You may obtain in connection with or in the course of Your use of the Website and/or the Website Services (including the identities and particulars of other Users), whether intended or by accident, and will not disclose such information or use the same without Our prior express written consent.
10. Rights of the Corporation
10.1 You acknowledge and agree that We have the right, and shall continue to reserve the right (but shall not be obliged) to:-
10.1.1 request additional information and data from You as We deem appropriate and to take such steps as necessary to verify any Information provided by You if We have any reason to suspect that inaccurate information or data has been given;
10.1.2 monitor, screen, censor or control any activity, content or material appearing on the Website and investigate any violation or non-compliance with these Terms and Conditions; and
10.1.3 do all such acts as may be necessary to ensure the efficient provision of the JTC Facilities and/or the Website Services and/or the smooth operation of the Website and/or the availability of the On-line Payment Services.
10.2 We further retain the right, at Our discretion, to:-
10.2.1 modify, delete, edit or withdraw any part, component or all of the Website Services at any time, or stop or suspend the same in relation to You or any other User(s);
10.2.2 reject, remove, relocate or block any material or content at the Website or part thereof whether or not provided by You, including the right to remove any material or content over which copyright is claimed by a third party to have been infringed by a statutory declaration or otherwise;
10.2.3 prevent or restrict access by any User to the Website; or
10.2.4 withdraw, suspend, remove or modify any components of the On-line Payment Services from time to time, without being liable for any costs, expenses, losses and/or damages incurred by You or any other User(s) whatsoever.
11. Grant of Rights
11.1 In supplying any Information and materials to Us, You are deemed to grant Us the non-exclusive, perpetual, irrevocable, royalty free licence to use the said Information for any purpose as We deem appropriate and to exercise publication rights in any media.
11.2 You acknowledge that the copyright, trade marks and other intellectual property rights comprised in the information, text, graphics, scripts, software, technology, music, sound, photograph or any other materials or works (collectively "the Materials") used on, contained in or used in connection with the Website are the sole and exclusive property of the Corporation and/or its licensors. You undertake not to challenge, dispute or question such sole and exclusive property.
11.3 You are permitted to download and print the materials from the Website for personal, non-commercial use provided You do not violate the provisions in these Terms and Conditions. Subject to such limited permission, You shall not reproduce, reverse compile, adapt, modify, distribute, commercially exploit, display, broadcast, hyperlink or transmit in any manner or by any means or store in an information retrieval system any part of the Website or the Materials without Our prior written consent.
11.4 You shall not create derivative works from the Materials or insert a hyperlink to the Website from any other website or use any material contained at the Website on any other server without Our prior written consent. Further, You shall not use any of the Materials in advertising or publicity or indicate any association or link to this Website or any of Our sites without Our prior written approval.
12. Links to Other Websites
Except as expressly indicated, any other websites linked to the Website by hyperlink or otherwise are so linked for convenience and ease of reference only. We do not represent or intend for such links to be referrals or endorsements of such other sites or the entities operating such sites. You understand and acknowledge that any access to such sites (including those of the On-line Payment Service Providers) is at Your own risk as We do not control nor contribute to such sites or the information contained therein or services or facilities offered or made available thereat. You will not hold Us liable for any loss or damage that may occur as a result of any reliance on or use of such information, services or facilities.
13. Indemnity
You shall indemnify Us fully against any claims, actions, damages, expenses liabilities or adverse consequences arising from any breach of Your obligations or representations and/or warranties or otherwise and additionally defend any claim or allegation made or action taken by any third party contrary to the said obligations, representations or warranties.
14. Termination
14.1 We reserve the right to terminate or suspend the right to use the Website Services or access the Website and/or Our agreement with You:-
14.1.1 in the event of Your breach of these Terms and Conditions;
14.1.2 if You are found to be involved in any illegal or fraudulent activity;
14.1.3 where We deem that the continued use of the Website by You is not in Our interests or other Users having access to the Website;
14.1.4 Your existing contractual relationship with Us has expired or is otherwise terminated for any reason; or
14.1.5 for any other reason as We may deem fit, by deactivating Your Account and denying any access to the Website by You or any person using Your User ID and Password.
14.2 Upon termination, all Information provided to Us may be retained and continued to be used by Us pursuant to Clause 11.1, which shall survive the termination of the agreement under to these Terms and Conditions.
15. Amendments to Terms and Conditions
15.1 Any amendments to these Terms and Conditions will be posted and reflected at the Website from time to time and it is Your responsibility to update Yourself of the same periodically. Your agreement with Us will be deemed to have been amended and updated within 14 days of the date when the amendments are made. You shall be deemed to have accepted the terms or amendments if You continue the use of the Website.
16. Disclaimer and Limitation of Liability
16.1 The Website, the Website Services and the On-line Payment Services and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied. We expressly disclaim any and all warranties, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, availability, non infringement or implied warranties from course of dealing or usage of trade to the extent permissible by applicable law and we shall not be liable for the accuracy of the JTC Records made available by Us for Your convenience or for any kind of damages, whether general, special, consequential or incidental damages including but not limited to lost profits, lost business or lost data howsoever arising. Further, we make no representations or warranties regarding the information posted or supplied by Users.
16.2 Further, You acknowledge that We do not guarantee uninterrupted, continued or secure access to the Website or any other website including the respective websites of On-line Payment Service Providers or Your use of the Website Services or the On-line Payment Services or that the Website or any other website including the respective websites of On-line Payment Service Providers will be error free or free form computer virus or other invasive or damaging code and You will not hold Us or any of the On-line Payment Service Providers responsible for any loss, damage or lost opportunities as a result thereof, including any delay in the submission or transmission of Applications or grant of Approvals or the payment of monies due, from any cause whatsoever.
16.3 Notwithstanding any provision in these Terms and Conditions but except for liability for personal injury or death caused by Our negligence and to the extent permitted by applicable law:-
16.3.1 any liability for obligation, right, remedy or claim in tort is expressly excluded by Us
16.3.2 in no event shall Our total liability to You or any third parties for damages, losses and causes of action exceed S$100.00.
17. Availability
17.1 You agree that We may, at Our discretion, with or without prior notice, at any time suspend the operations of the Website or the Website Services or the availability of the On-line Payment Services or any part thereof temporarily for the purposes of updating and upgrading the system and the maintenance thereof, or any other purpose as We may deem fit or appropriate. You shall not hold Us liable or responsible for any loss, damage or liability suffered as a result of such suspension.
18. Force Majeure
18.1 We will not be responsible or liable for any delay in or failure to perform any of Our obligations as a result of any cause beyond Our control, including acts of God, civil or ethnic unrest, shortage of material, industrial dispute, power failures, laws and regulations, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority, import or export regulations or embargoes, acts or defaults of any telecommunications network operator or other service providers, severance or suspension of use of communication lines for reasons attributable to third party telecommunication carriers.
19. General Terms
19.1 These Terms and Conditions shall be governed by and construed according to the laws of Singapore. You agree that any action whether in law or equity arising out of or relating to these Terms and Conditions may be brought in the courts of Singapore and You agree to submit to the jurisdiction of the courts of Singapore. However, You further agree that should We choose to institute proceedings against You in the courts of any other country, You will also agree to submit to the jurisdiction of such other courts and will not challenge such proceedings on the ground of inconvenient forum.
19.2 If any provision in these Terms and Conditions is held invalid, unenforceable or illegal under any applicable laws for any reason, that provision shall be deemed severed from and shall not affect the validity, enforceability or legality of the other provisions which shall continue in full force and effect.
19.3 A failure on Our part to act in respect of any breaches shall not be deemed to be a waiver of Our rights in respect of such breach or any other breach on Your part.
19.4 Without prejudice to these Terms and Conditions, if there is any conflict or inconsistency between the provisions herein and the terms of the Tenancy Agreement to be executed, the provisions in the Tenancy Agreement shall apply.
20. Notices
20.1 Any notices, demands or notifications by Us to the User may be sent by:-
20.1.1 E-mail All notifications sent shall be deemed to have been transmitted at the date and time of transmission by the mail server operated by Us or Our service provider unless We are notified that there was a failure in delivery or the mail is returned.
20.1.2 Facsimile Notifications shall be effective and be deemed to have be received by the User at the time of actual transmission by Us.
20.1.3 Post Notifications shall be effective and be deemed to be received by the User, if despatched to an address in Singapore, on the business day next following the date of posting and if to an address outside Singapore, on the fifth business day following the date of posting.
20.1.4 Hand Delivery Notifications shall be effective at the time of delivery.
20.1.5 SMS Notifications shall be deemed to have been transmitted at the date and time of transmission by Us or our telecommunications network operator or other service providers.
20.2 All notifications referred to herein shall be sent to the relevant address of the User as contained in Our records.