General Terms and Conditions
1. Application of General Terms and Conditions
1.1 The provision of the SiReNT Service (as
defined below) by the Singapore Land Authority
("SLA") and the access and use of
the SiReNT Service shall be governed by these
General Terms and Conditions ("General
T&Cs"), as well as the additional
terms and conditions stipulated in the Specific
Terms and Conditions (the "Specific T&Cs")
applicable to the SiReNT Service which the
Registered User has applied for, all of which
are deemed incorporated into these General
T&Cs as if they have been specifically
set out in these General T&Cs. By applying
for, requesting, accessing and using any part
of the SiReNT Service, the Registered User
shall be deemed to have accepted and agreed
to be bound by these General T&Cs.
1.2 SLA may, at its absolute discretion,
amend these General T&Cs (including without
limitation, the fees stipulated in the Specific
T&Cs) from time to time without prior
notice. The amended General T&Cs shall
be posted on the Website (as defined below),
and upon accessing and using the SiReNT Service
after the amended General T&Cs have been
posted, the Registered User shall be deemed
to have accepted and agreed to be bound by
the amended General T&Cs. All references
to these General T&Cs shall mean these
General T&Cs as amended from time to time
and posted on the Website.
2. Definitions and Interpretation
2.1 In these General T&Cs, the following words and expressions shall have the following meanings ascribed to them unless the context otherwise requires:
| ‘Agreement’
|
has the meaning ascribed to it in Clause 3.3; |
| ‘Application
Form’ |
means the application form for SiReNT Service posted on the Website; |
| ‘Authorised
User’ |
means
any individual:
(a) who is a director or partner of the Registered User, or is employed or engaged under contract as part of the staff of the Registered User; and
(b) whom the Registered User has authorised to access and use the SiReNT Service for the purposes of and in accordance with these General T&Cs; |
| 'Chargeable
Data' |
means:
(a) (where the SiReNT Service is the Post Processing On-Demand Service) the Chargeable Data as defined in the Specific T&Cs for the Post Processing On-Demand Service;
(b) (where the SiReNT Service is the Differential Global Positioning Systems Service) the Chargeable Data as defined in the Specific T&Cs for the Differential Global Positioning Systems Service;
(c) (where the SiReNT Service is the Real Time Kinematic Service) the Chargeable Data as defined in the Specific T&Cs for the Real Time Kinematic Service; and
(d) (where the SiReNT Service is the Post Processing Archive Service) the Chargeable Data as defined in the Specific T&Cs for the Post Processing Archive Service; |
| ‘Commencement
Date’ |
means the date of commencement of the Agreement, which shall be the date of SLA's notice of acceptance of the Registered User's application for the SiReNT Service (given in accordance with Clause 3.3), or such other date as may be stipulated in SLA's notice of acceptance; |
| ‘Confidential
Information’ |
means all information (whether commercial, financial, technical or otherwise and whether oral or in writing) that SLA or the Registered User receives or acquires from the other party before, on or after the date of the Agreement, but excludes information:
(a) which is in or becomes part of the public domain other than through a breach of these General T&Cs or an obligation of confidence owed to the provider of the information; or
(b) which was already known to the recipient at the time of disclosure by the disclosing party (other than if such knowledge arose from disclosure of information in breach of an obligation of confidentiality); or
(c) which the recipient of the Confidential Information acquires from a third party entitled to disclose it; |
| ‘Contents’
|
mean the
materials located on the Website Secure
Pages, including but not limited to the
coordinates, numbers, text, scripts, graphics,
images, animations, designs, photographs,
artwork, music, sound recordings, video
recordings, webpages, databases, software
programs, technology, and other information,
data, software or material; |
| ‘Data’
|
means the
coordinates, numbers, text, images and
other data or information received, collected,
compiled, computed or processed by the
global positioning system reference stations
and related software and equipment owned
by SLA, including without limitation,
the Chargeable Data; |
| ‘Intellectual
Property Rights’ |
means all
intellectual property rights, including
without limitation, any patents, copyrights,
registered designs, unregistered designs,
trade marks, and other similar proprietary
rights, and all rights in any secret process
and know-how; |
| ‘month’
|
means calendar
month; |
| ‘Registered
User’ |
means the
applicant specified in the Application
Form and whose application is accepted
by SLA; |
| ‘Required
Data’ |
means that
part of the Chargeable Data requested
by the Registered User and provided or
to be provided by SLA under the SiReNT
Service, in accordance with these General
T&Cs; |
| ‘SiReNT’
|
means
the Singapore Satellite Positioning Reference
Network; |
| 'SiReNT
Service' |
means the Post Processing On-Demand Service, the Differential Global Positioning Systems Service, the Real Time Kinematic Service or the Post Processing Archive Service, applied for by the Registered User and accepted by SLA; |
| 'Post
Processing On-Demand Service' |
means the service to be provided by SLA, as described in the Specific T&Cs for Post Processing On-Demand Service; |
| 'Differential
Global Positioning Systems Service' |
described in the Specific T&Cs for Differential Global Positioning Systems Service; |
| 'Real
Time Kinematic Service' |
means the service to be provided by SLA, as described in the Specific T&Cs for Real Time Kinematic Service; |
| ‘Website’
|
means the website located at http://www.sirent.inlis.gov.sg including without limitation the Website Secure Pages, and includes such other webpages or uniform resource locators as may be provided or substituted by SLA from time to time; and |
| ‘Website
Secure Pages’ |
means the webpages on the Website which the Registered User may access only by using a login identification and password issued by SLA and includes such other webpages or uniform resource locators as may be provided or substituted by SLA from time to time. |
2.2 In these General T&Cs, unless the context requires otherwise:
(a) words importing the singular number shall include the plural and vice versa; and
(b) references to a person shall include an individual, a body of persons whether corporate or incorporate, a government, a state, an agency of a state or a statutory board.
2.3 Any statute or statutory provision referred
to in these General T&Cs shall be construed
to refer to that statute or statutory provision
as it may from time to time be amended, modified,
extended, re-enacted or replaced (whether
on or after the date of these General T&Cs),
and shall include all subsidiary legislation
made under it from time to time.
2.4 References in these General T&Cs
to Clauses are to Clauses to these General
T&Cs except where otherwise expressly
stated.
2.5 Headings are used in these General T&Cs
for the convenience of reference only and
shall not be deemed to be part of these General
T&Cs or be taken into consideration in
the interpretation or construction of these
General T&Cs.
2.6 Every obligation by the Registered User
is taken to include an obligation by the Registered
User to ensure that each of its Authorised
Users comply with that obligation.
2.7 If under these General T&Cs, the
consent or approval of SLA is required, the
consent or approval of SLA may be withheld
or granted by SLA in its absolute discretion
and (if granted) such approval or consent
may be on such terms as SLA deems fit.
3. Provision and Use of SiReNT Services
3.1 An application for any SiReNT Service
(other than for a free trial) shall be made
by completing and submitting to SLA a hard
copy of the relevant Application Form, together
with the relevant attachments. Information
provided on the Application Form must be full,
complete and accurate.
3.2 An application for a free trial of the
Real Time Kinematic Service or the Differential
Global Positioning Systems Service shall be
made by completing and submitting to SLA via
the Website, the relevant Application Form.
Information provided on the Application Form
must be full, complete and accurate.
3.3 (a) SLA may, at its absolute discretion,
accept or reject any application for a SiReNT
Service.
(b) If SLA decides to accept any such application,
SLA will issue a notice of acceptance to the
applicant by electronic mail sent to the email
address furnished by the applicant in Part
1 of its Application Form. The contract in
respect of any such application accepted by
SLA (each an "Agreement") formed
upon issuance of a notice of acceptance by
SLA shall be subject to the provisions of
these General T&Cs (including the Specific
T&Cs applicable to the SiReNT Service
applied for).
(c) If SLA decides to reject any such application,
SLA will issue a notice of rejection to the
applicant by electronic mail sent to the email
address furnished by the applicant in Part
1 of its Application Form.
3.4 Where the applicant has applied for
more than one (1) SiReNT Service in its Application
Form, such an application shall be deemed
to be separate and distinct applications by
the applicant for each of the SiReNT Services
applied for and the provisions of Clause 3.3
shall apply to each such separate and distinct
applications.
3.5 The Agreement shall commence on the
Commencement Date and shall continue until
terminated in accordance with the provisions
of these General T&Cs.
3.6 In consideration of the payment of the
fees in the amount and in the manner stipulated
in the applicable Specific T&Cs, and the
Registered User's undertakings and covenants
in these General T&Cs, SLA shall:
(a) (where the SiReNT Service is the Post
Processing On-Demand Service, Real Time Kinematic
Service or the Differential Global Positioning
Systems Service) provide to the Registered
User such number of login identifications
and passwords corresponding to the number
of accounts applied for by the Registered
User, by electronic mail sent to the email
address furnished by the Registered User in
Part 1 of its Application Form, to enable
the Registered User to access and use the
SiReNT Service solely for the purpose specified
in the Registered User's Application Form
for the SiReNT Service and not for any other
purpose or for any commercial use whatsoever,
in Singapore or elsewhere;
(b) provide the Required Data, in the manner
stipulated in the applicable Specific T&Cs;
and
(c) grant the Registered User a non-exclusive,
non-transferable, revocable licence to use
the Required Data, solely for the purpose
specified in the Registered User's Application
Form for the SiReNT Service and not for any
other purpose or for any commercial use whatsoever,
in Singapore or elsewhere.
3.7 SLA may, at its absolute discretion,
at any time and from time to time, modify
or suspend the SiReNT Service, without any
prior notice, whether for the purposes of
website updating and upgrading or system maintenance
or otherwise. SLA shall not be liable to the
Registered User or any third party for any
such modification or suspension of the SiReNT
Service.
3.8 SLA reserves all rights to deny or restrict
access to the SiReNT Service by any person,
or to block access from a particular internet
address to the SiReNT Service, at any time
without prior notice and without ascribing
any reasons whatsoever.
4. Free Trial
4.1 This Clause 4 shall apply to a Registered
User who has applied for a free trial of the
SiReNT Service, and whose application has
been accepted by SLA.
4.2 The Registered User shall be granted
free access to and use of the SiReNT Service
for a period of seven (7) days commencing
on the Commencement Date (the "Free Trial
Period").
4.3 The Registered User shall not be required
to pay the fees stipulated in the applicable
Specific T&Cs for the access to and use
of the SiReNT Service during the Free Trial
Period.
4.4 Notwithstanding anything contained herein,
the Agreement shall forthwith terminate:
(a) upon one party giving written notice
to the other party; or
(b) (if no written notice is given under
Clause 4.4(a)) on the date of expiry of the
Free Trial Period.
5. Restrictions and Protection of Website
and Data
5.1 Except as expressly authorised by these
General T&Cs, the Registered User shall
not:
(a) use the SiReNT Service for any purpose
or for any commercial use whatsoever, in Singapore
or elsewhere, except for the purpose specified
in the Registered User's Application Form
for the SiReNT Service; or
(b) make any reproduction of the Website
Secure Pages, the Contents or the Data, in
whole or in part; or
(c) create any products or services directly
or indirectly from or through the use of the
Website Secure Pages, the Contents or the
Data; or
(d) sell, rent, lease, sub-license, lend,
time share or transfer the Website Secure
Pages, the Contents or the Data or in any
other way whatsoever commercially exploit
the Contents or the Data; or
(e) remove, alter or obscure any copyright
or other proprietary notices on the Website
Secure Pages, the Contents or the Data; or
(f) represent or in any way hold out the
Website Secure Pages, Contents or the Data
as the property of or in the ownership of
the Registered User or of any party other
than SLA; or
(g) use the Website Secure Pages, the Contents
or the Data as a collateral, pledge, deposit
or any other form of security whatsoever;
or
(h) publish or make available the whole
or any part of the Website Secure Pages, the
Contents or the Data by electronic, mechanical
or any other means, in Singapore or elsewhere;
or
(i) deal with the Website Secure Pages,
Contents or the Data, in any other manner
whatsoever without SLA's prior written consent.
5.2 The Registered User shall use the SiReNT
Service only in the manner and for the purpose
authorised by these General T&Cs, and
the Registered User shall not use the SiReNT
Service on behalf of, or make available or
in any way allow access to the SiReNT Service
by, any party other than the Registered User.
5.3 The Registered User shall take all necessary
steps to protect the Required Data from unauthorised
modification, use, reproduction, distribution
and publication, in Singapore or elsewhere.
5.4 The Registered User shall not use the
SiReNT Service for or to carry out any activities
prohibited under Singapore law or under any
other applicable law.
6. Access and Security
6.1 The Registered User shall not divulge
any login identification or password issued
to it to any other person, except as provided
in Clause 6.2.
6.2 The Registered User (where it is not
an individual) may authorise its Authorised
User to access and use the SiReNT Service
on its behalf and may divulge to its Authorised
User the login identification and password
issued to it for such purpose.
6.3 Notwithstanding any provision in these
General T&Cs, SLA may treat any access
to or use of the SiReNT Service at any time
through the use of the Registered User's login
identification and password as the access
to or use of the SiReNT Service by the Registered
User, notwithstanding that such access or
use was without the Registered User's knowledge,
consent or authority.
6.4 Upon becoming aware that any person
has acquired knowledge of its login identification
or password or has used its login identification
or password to access or use the SiReNT Service,
the Registered User shall:
(a) immediately inform SLA of such occurrence;
(b) (if required by SLA) make a police report;
(c) provide SLA with any other information
as SLA may require; and
(d) immediately change the password.
7. Risk
If the Required Data is provided by means
of physical media, the risk (but not title)
in the Required Data and in the physical media
on which the Required Data is recorded shall
pass to the Registered User on the delivery
of that media. If any part of the Required
Data or media containing the Required Data
shall thereafter be lost, destroyed or damaged,
SLA may at its absolute discretion replace
the same subject to the Registered User paying
SLA's full costs of such replacement.
8. Fees and Payment
8.1 The Registered User shall pay the fees
in the amount and in the manner stipulated
in the applicable Specific T&Cs.
8.2 The Registered User shall pay interest
at the rate of 8% per annum or a fixed sum
of $3, which ever is the higher, on all fees
and other sums remaining unpaid after the
date due for payment, from (and including)
the due date until (but excluding) the date
such fees and other sums are paid in full
to SLA.
8.3 If the Registered User has any credit
balance with SLA under the Agreement, such
credit balance may not be used for payment
of any amounts owing to SLA under any other
agreements.
8.4 SLA may set off any sums which would
otherwise be payable or owing by SLA to the
Registered User under or pursuant to these
General T&Cs against all sums, debts or
liabilities that the Registered User owes
or are due from the Registered User to SLA
under or pursuant to these General T&Cs.
8.5 All fees stipulated in the fourth column
headed "Total" of the Schedule to
the Specific T&Cs are inclusive of goods
and services tax ("GST")
8.6 The Registered User shall bear and pay
to SLA, together with all fees and other sums
payable under these General T&Cs, all
amounts of GST charged on such fees and other
sums, at the applicable rate specified in
the Goods and Services Tax Act (Cap. 117A).
9. Title and Intellectual Property and Other Rights
9.1 The Website Secure Pages, Contents and
Data are protected by Intellectual Property
Rights. All title to and Intellectual Property
Rights in the Website Secure Pages, Contents
and Data are owned by or licensed to SLA.
9.2 All title to and Intellectual Property
Rights in the Data are owned by and shall
at all times remain with SLA. All rights in
the Data whether existing at the Commencement
Date or which may come into existence thereafter
which are not specifically granted to the
Registered User under these General T&Cs
are expressly reserved to SLA.
9.3 The Registered User shall not make or
attempt to make any deletions, additions,
adjustments, alterations, adaptations or modifications
to the Website Secure Pages, Contents and
Data. The Registered User acknowledges and
agrees that any deletion, addition, adjustment,
alteration, adaptation or modification of
the Website Secure Pages, Contents or Data
is a violation of Intellectual Property Rights
subsisting therein owned by SLA or SLA's third
party suppliers.
10. Warranties by SLA
10.1 SLA warrants that it has the right
to license the Data upon the terms and conditions
of these General T&Cs.
10.2 The Contents and the Data are provided
on an "as is" basis. SLA does not
make any representations or warranties whatsoever
and hereby disclaims all express, implied
and statutory warranties of any kind to the
Registered User or any third party, whether
arising from usage or custom or trade or by
operation of law or otherwise, including but
not limited to the following:
(a) any representations or warranties as
to the accuracy, completeness, compatibility,
reliability, timeliness, current-ness, quality
or fitness for any particular purpose of the
Contents or the Data; and
(b) any representations or warranties that
the Data is designed or produced to the Registered
User's requirements; and
(c) any representations or warranties that
the Contents or the Data shall be free from
error or omissions or shall be available without
interruption or delay; and
(d) any representations or warranties that
any defects in the Contents or the Data shall
be rectified or corrected; and
(e) any representations or warranties that
the Contents, the Data or the hosting servers
are and will be free of all viruses and other
harmful elements.
11. Warranties by the Registered User
The Registered User represents, warrants and undertakes that:
(a) it has the full power and authority
to enter into the Agreement with SLA and fully
perform its obligations and undertakings under
these General T&Cs;
(b) it shall not use or permit any Authorised
User or other third parties to use, or condone
the use by any Authorised User or other third
parties of, the Contents or the Data for any
purpose or in any manner not expressly authorised
by these General T&Cs;
(c) it shall impose such legally binding
conditions on the Authorised User as are necessary
to ensure that he shall not infringe any of
SLA's Intellectual Property Rights in the
Contents or the Data; and
(d) its use of the Contents and the Data
shall not violate any laws or infringe upon
or violate any rights of any person or entity;
and
(e) it shall not use the Contents or the
Data in a manner which would reflect unfavourably
on the good name and reputation of SLA.
12. Liability and Rights to Indemnity
12.1 The Registered User agrees to fully
indemnify SLA in respect of all Claims arising
directly or indirectly from the access or
use of the SiReNT Services, and any breach
or threatened breach of the provisions of
these General T&Cs, by the Registered
User. For the purposes of this Clause 12.1,
'Claims' shall mean all damage, losses, costs,
expenses, actions, demands, proceedings, claims
and liabilities (whether criminal or civil,
in contract, tort or otherwise), including
without limitation legal costs and expenses
on a full indemnity basis, incurred or suffered
by or made against SLA.
12.2 SLA shall not be liable to the Registered
User or any third party for any damage or
losses whatsoever, including but not limited
to direct, indirect, punitive, special or
consequential damages, loss of goodwill, income,
revenue or profits, lost or corrupted or damaged
data, or damage to the Registered User's computer,
software, firmware, modem, mobile phone, telephone,
devices, hardware, equipment or other property,
arising directly or indirectly from:
(a) any access to or use of the SiReNT Service
by the Registered User;
(b) any loss of access to or use of the
SiReNT Service, howsoever caused;
(c) any inaccuracy, incompleteness, incompatibility,
defects, corruption, distortion, errors or
omissions in the Contents or the Data, howsoever
caused;
(d) any failure, delay, disruption or interruption
in the transmission or reception of the Contents
or the Data, whether via the Website Secure
Pages or otherwise, howsoever caused;
(e) any unavailability of any of the Required
Data or any missing epochs in the Required
Data; or
(f) any use of, decision made or action
taken by the Registered User or any third
party in reliance upon the Contents or the
Data,
regardless of whether SLA has been advised
of the possibility of such damage or losses.
13. Confidentiality and Non-Disclosure
13.1 SLA and the Registered User undertake
in respect of Confidential Information for
which it is the recipient:
(a) to treat such information as confidential;
(b) not without the disclosing party's prior
written consent to communicate or disclose
any part of such information to any person
except:
(i) (where SLA is the recipient) only to
those of its employees and officers as is
necessary for its business or internal operations,
and to the Ministry of Law or such other government
ministries or departments which it or the
Ministry of Law is or may be required to report
to; and
(ii) the recipient's auditors, professional
advisers and any other persons having a legal
right or duty to have access to or knowledge
of the Confidential Information in connection
with the business of the recipient;
(c) to ensure that all persons mentioned
in Clause 13.1(b) are made aware, prior to
disclosure, of the confidential nature of
the Confidential Information and that they
owe a duty of confidence to the disclosing
party and to use its best endeavours to ensure
that such persons comply with this Clause
13;
(d) not without the disclosing party's prior
written consent make any commercial use of
or make any commercial gain from the Confidential
Information or seek to obtain any protection
of the intellectual property contained in
the Confidential Information; and
(e) to promptly notify the disclosing party
if it becomes aware of any unauthorised disclosure
or use of the Confidential Information and
to provide all reasonable assistance to the
disclosing party to stop further unauthorised
use or disclosure
13.2 For the avoidance of any doubt, SLA
and the Registered User acknowledge and confirm
that nothing contained in Clause 13.1 shall
prevent either party from disclosing any Confidential
Information to the extent required under a
valid order of a court of competent jurisdiction,
or to the extent required in or in connection
with legal proceedings arising out of the
Agreement with each other, or to the extent
required by law.
13.3 This Clause 13 shall continue in full
force and effect notwithstanding the termination
or expiry of the Agreement and the licence
granted under Clause 3.6.
14. Termination
Notwithstanding anything contained in these General T&Cs, the Agreement and the licence granted under Clause 3.6 may forthwith be terminated by SLA upon giving written notice to the Registered User:
(a) if the Registered User fails to pay any
sum due under these General T&Cs on the
due date thereof; or
(b) if the Registered User causes or is
likely to cause any failure, interruption,
disruption or congestion in the delivery or
transmission of the SiReNT Services, the Contents
or the Data; or
(c) if the Registered User is in breach
of any of the provisions of these General
T&Cs (other than a breach referred to
in Clause 14(a)) and such breach is incapable
of being remedied; or
(d) if the Registered User is in breach
of any of the provisions of these General
T&Cs (other than a breach referred to
in Clause 14(a)) and such breach, being remediable,
is not remedied within thirty (30) days from
and including the date of a written request
from SLA to do so; or
(e) if the Registered User discloses Confidential
Information to or authorises the use of SLA's
Intellectual Property Rights by an unauthorised
third party; or
(f) if SLA and the Registered User are in
dispute over any Intellectual Property Rights
in the Contents or the Data, or the use of
any such Intellectual Property Rights; or
(g) if the Registered User is unable to pay
its debts as and when they fall due; or
(h) if the Registered User dies or becomes
mentally incapacitated; or
(i) if a petition is presented for the winding
up (except for the purpose of amalgamation
or reconstruction when solvent) of the Registered
User; or
(j) if a notice of meeting of members or
shareholders is issued for the passing of
a resolution for winding up (except for the
purpose of amalgamation or reconstruction
when solvent) of the Registered User; or
(k) if a petition is presented for the judicial
management of the Registered User; or
(l) if a proposal is made by the Registered
User to its creditors for a composition in
satisfaction of its debts or a scheme of arrangement
of its affairs; or
(m) if a receiver, receiver and manager,
or provisional liquidator is appointed in
respect of the Registered User or any of its
property or assets.
15. Consequences of Termination
15.1 On termination of the Agreement for
any reason whatsoever, SLA shall be entitled
to retain all monies that have been paid by
the Registered User pursuant to these General
T&Cs.
15.2 The Registered User shall not be entitled
to any compensation as a result of termination
of the Agreement and the licence granted under
Clause 3.6 for any reason whatsoever.
15.3 On termination of the Agreement for
any reason whatsoever, all costs and expenses
including legal and other fees and all other
charges or payments (if any) arising in respect
of the Agreement shall become due and payable
immediately by the Registered User to SLA,
failing which interest (as specified in Clause
8.2) shall be chargeable on the sum or any
part thereof that is due.
15.4 Any termination of the Agreement for
any reason whatsoever shall be without prejudice
to any other rights or remedies which either
party may be entitled to hereunder or at law
and shall not affect any accrued rights or
liabilities of either party nor the coming
into or continuance in force of any provision
in these General T&Cs which is expressly
or by implication intended to come into or
continue in force on or after such termination.
15.5 Upon termination of the Agreement,
all rights granted under these General T&Cs
shall automatically terminate and unless it
is otherwise expressly authorised by these
General T&Cs, the Registered User shall
immediately cease to use, in any manner or
for any purpose, the SiReNT Services, the
Contents and the Data.
16. No Partnership
There is no relationship of partnership, joint
venture, employment, or agency between SLA
and the Registered User. Neither SLA nor the
Registered User shall have the power to bind
the other or incur obligations on the other's
behalf without such other party's prior written
consent.
17. Assignment
Neither SLA nor the Registered User may assign,
transfer or otherwise alienate all or any
part of its rights or obligations under the
Agreement to any third party without the prior
written consent of the other.
18. No Implied Rights
These General T&Cs shall not be construed
as granting the Registered User any licence
or rights other than as expressly set out
in these General T&Cs.
19. Severance
If any provision of these General T&Cs
shall be found by any court or tribunal of
competent jurisdiction to be invalid or unenforceable
the invalidity or unenforceability of such
provision shall not affect the other provisions
of these General T&Cs and all provisions
not affected by such invalidity or unenforceability
shall remain in full force and effect. SLA
and the Registered User hereby agree to attempt
to substitute for any invalid or unenforceable
provision a valid or enforceable provision
which achieves to the greatest extent possible
the economic, legal and commercial objectives
of the invalid or unenforceable provision.
20. Waiver
The waiver by either SLA or the Registered
User of a breach of any of the provisions
of these General T&Cs by the other party
shall not be construed as a waiver of any
continuing breach or of any other breach of
any of the provisions of these General T&Cs
nor shall any delay or omission on the part
of either party to exercise or avail itself
of any right or remedy that it has under these
General T&Cs operate as a waiver of any
breach by the other party. Any waiver under
these General T&Cs, to be effective, must
be in writing and may be given subject to
conditions.
21. Successors-in-Title
These General T&Cs shall be binding upon
and enure for the benefit of the successors-in-title
of SLA and the Registered User.
22. Notices and Correspondence
22.1 Unless otherwise expressly provided in
these General T&Cs, all notices, demands,
and other communications required or permitted
to be given or made under these General T&Cs
shall be in writing and shall be delivered
by hand or sent by registered post or by facsimile
to the address or facsimile number of SLA
or the Registered User as may from time to
time be notified to the other party.
22.2 A notice, demand or other communication
sent in accordance with Clause 22.1 shall
be deemed to have been served:
(a) (if delivered by hand) at the time of
delivery; or
(b) (if sent by facsimile) at the time shown
in the transmission report, but only if a
transmission report is generated by the sender's
facsimile machine recording a message from
the recipient's facsimile machine, confirming
that the facsimile was sent to the facsimile
number of the relevant party and confirming
that all relevant pages were successfully
transmitted; or
(c) (if posted) 3 days after the date of posting
or 7 days after the date of posting if sent
to a place outside Singapore and in proving
it, it shall be sufficient to show that the
envelope containing the notice, demand or
other communication was duly addressed, stamped
and posted.
22.3 The Registered User is deemed to consent
to receive from SLA any offer or marketing
or promotional information or notices (whether
by way of letter, leaflet, pamphlet, electronic
mail, phone messages or any other means of
communication) relating to any of the SiReNT
Services unless the Registered User notifies
SLA that it does not so consent.
23. Applicable Laws, Jurisdiction and Service
of Process
The Agreement shall be governed by and construed
in accordance with Singapore law and SLA and
the Registered User agree to submit to the
non-exclusive jurisdiction of the Singapore
Courts.
24. Contracts (Rights of Third Parties)
Act
The Agreement does not create any right under
the Contracts (Rights of Third Parties) Act,
which is enforceable by any person who is
not a party to it.
Specific Terms & Conditions for
Real Time Kinematic Service
In addition to the General Terms and Conditions,
the terms and conditions herein apply to the
provision of the Real Time Kinematic Service
by the Singapore Land Authority. Unless otherwise
stated, the words and expressions herein have
the same meaning as set out in the General
Terms and Conditions, which are available
on http://www.sirent.inlis.gov.sg.
1. Description of Service
Under the Real Time Kinematic Service ("RTK
Service"), SLA will provide:
(a) real-time Global Positioning System
("GPS") Reference Station correction
data (the "Chargeable Data") via
wireless internet for the purpose of carrier-phase-based
Real-Time Kinematic survey; and
(b) information generated or derived by
SiReNT software and provided on the SiReNT
Website Secure Pages.
2. Provision of Required Data
2.1 The Registered User may from time to
time request for the Required Data, and access
the Required Data, via wireless internet.
2.2 Notwithstanding the mode of provision
of the Required Data stipulated in paragraph
2.1 above, SLA reserves the right to modify,
alter or amend the mode or medium of delivery
by which any Required Data is supplied to
the Registered User.
3. Fees and Payment
3.1 The Registered User shall pay the Subscription
Fees and Unit Fees as set out in the Schedule.
3.2 The Subscription Fees for the first
(1st) month shall be paid by the Registered
User together with its application for the
RTK Service by cashier's order or cheque crossed
and made payable to the Singapore Land Authority,
or in such other manner as may be agreed between
the Registered User and SLA.
3.3 SLA shall invoice the Registered User
on a monthly basis and the invoice will be
posted on the Website Secure pages no later
than the 3rd day of every month. The Subscription
Fees for any month shall be invoiced on the
1st day of that month. The total Unit Fees
incurred for any month shall be invoiced on
the 1st day of the following month.
3.4 Every such invoice shall be paid by
the Registered User to SLA through the Inter-Bank
Giro scheme on the payment due date stipulated
in the invoice. SLA shall be entitled to and
the Registered User hereby authorises SLA
to debit directly, without any notice, the
invoice amount from a bank account designated
by the Registered User.
3.5 Every invoice shall be paid by the Registered
User to SLA without demand and free and clear
of all deductions, set-off and counterclaim.
3.6 All Subscription Fees and Unit Fees
paid to SLA are not refundable for any reason
whatsoever.
4. Termination by notice
Without prejudice to Clause 14 of the General
T&Cs and in addition thereto, either SLA
or the Registered User may terminate the Agreement
at any time upon giving to the other party
not less than one (1) month's prior notice
in writing, such notice may only be given
after the date falling two (2) months from
and including the Commencement Date of the
Agreement.
SCHEDULE (For Real Time Kinematic
Service)
| Fees Payable |
Amount |
GST @ 7% |
Total |
When payable |
| Subscription Fees for each account
|
SGD 150.00 per month or part thereof
|
SGD 10.50 |
SGD 160.50 per month or part thereof |
For each account, the Subscription Fees for the first (1st) month to be paid together with the application. For each account, the Subscription Fees for each subsequent month to be paid on the payment due date indicated on the invoice. |
| For each account, Unit Fees for any Required Data provided via that account in excess of 300 minutes of Required Data per month |
SGD 0.50 per minute of Required Data
|
SGD 0.035
|
SGD 0.535 per minute of Required Data
|
For each account, the total Unit Fees incurred for each month shall be paid on the payment due date indicated on the invoice. |
Specific Terms & Conditions for
Differential Global Positioning System Service
In addition to the General Terms and Conditions,
the terms and conditions herein apply to the
provision of the Differential Global Positioning
System Service by the Singapore Land Authority.
Unless otherwise stated, the words and expressions
herein have the same meaning as set out in
the General Terms and Conditions, which are
available on http://www.sirent.inlis.gov.sg.
1. Description of Service
Under the Differential Global Positioning
System Service ("DGPS Service"),
SLA will provide:
(a) real-time Global Positioning System ("GPS")
Reference Station correction data (the "Chargeable
Data") via wireless internet for the
purpose of code-based Differential GPS survey;
and
(b) information generated or derived by SiReNT
software and provided on the SiReNT Website
Secure Pages.
2. Provision of Required Data
2.1 The Registered User may from time to
time request for the Required Data, and access
the Required Data, via wireless internet.
2.2 Notwithstanding the mode of provision
of the Required Data stipulated in paragraph
2.1 above, SLA reserves the right to modify,
alter or amend the mode or medium of delivery
by which any Required Data is supplied to
the Registered User.
3. Fees and Payment
3.1. The Registered User shall pay the Subscription
Fees as set out in the Schedule.
3.2 The Subscription Fees for the first
(1st) year shall be paid by the Registered
User together with its application for the
DGPS Service by cashier's order or cheque
crossed and made payable to the Singapore
Land Authority, or in such other manner as
may be agreed between the Registered User
and SLA.
3.3 SLA shall invoice the Registered User
on a yearly basis (each year hereinafter referred
to as a "Subscription Year"). The
invoice for each Subscription Year will be
posted on the Website Secure Pages or sent
to the Registered User by registered post
or by electronic mail to the address or email
address furnished by the Registered User in
Part 1 of its Application Form (or to such
address or email address as may from time
to time be notified by the Registered User
to SLA) no later than 30 days before the last
day of the preceding Subscription Year.
3.4 Every such invoice shall be paid by the
Registered User to SLA through the Inter-Bank
Giro scheme on the payment due date stipulated
in the invoice. SLA shall be entitled to and
the Registered User hereby authorises SLA
to debit directly, without any notice, the
invoice amount from a bank account designated
by the Registered User.
3.5 Every invoice shall be paid by the Registered
User to SLA without demand and free and clear
of all deductions, set-off and counterclaim.
3.6 All Subscription Fees paid to SLA are
not refundable for any reason whatsoever.
4. Termination by notice
Without prejudice to Clause 14 of the General
T&Cs and in addition thereto, either SLA
or the Registered User may terminate the Agreement
at any time upon giving to the other party
not less than one (1) month's prior notice
in writing.
SCHEDULE (For Differential Global
Positioning System Service)
| Fees Payable
|
Amount |
GST
@ 7% |
Total |
When payable
|
| Subscription Fees for
each account |
SGD 1200.00 per year
or any part thereof |
SGD 84.00 |
SGD 1284.00 per year
or any part thereof |
For each account, the
Subscription Fees for the first (1st)
year to be paid together with the application.
For each account, the Subscription
Fees for each subsequent year to be
paid on the payment due date indicated
on the invoice.
|
|