TERMS OF USE
eLitigation is an online electronic filing service of the Judiciary of the Republic
of Singapore (hereinafter referred to as "the Courts"), provided by CrimsonLogic
Pte Ltd or a member of the CrimsonLogic Group of Companies (hereinafter collectively
called "CrimsonLogic") as an online service of LawNet, which is owned by
the Singapore Academy of Law (hereinafter referred to as "the Academy").
Your use of these services is subject to these terms of use and the eLitigation Services Subscriber Agreement.
1. MEANING OF TERMS
In these Terms of Use, the following words and expressions have the meanings assigned
to them except where the context otherwise requires:
Services means the electronic filing service, known also as eLitigation,
and other services provided by CrimsonLogic over the Internet;
Service Provider means a party other than CrimsonLogic which,
(a) furnishes or supplies information or content to CrimsonLogic for onward
on-line provision to the Subscriber through the Website or Services; and/or
(b) provides services to the Subscriber through CrimsonLogic whether via the
Website or Services or otherwise.
Service Providers include but are not limited to banks, regulatory bodies, the Courts,
tribunals, certification authorities.;
Singpass shall mean the online personal authentication and password system
operated or provided by the Government of Singapore;
Corppass shall mean a corporate digital identity for businesses and other
entities (such as non-profit organisations and associations) to transact with Government
agencies online.
You means you, the person accessing the Website and/or using the Services;
Website refers to the location of the webpages on the internet over which
You may assess for the purpose of using the Services, namely www.elitigation.sg, and includes such other uniform resource
locators as may be provided or substituted by CrimsonLogic from time to time
2. AVAILABILITY OF SERVICES
2.1 CrimsonLogic reserves the right to modify, enhance, withdraw or suspend the
Services, or any part thereof, at any time.
2.2 The Services will be made available during such hours as may be notified by
CrimsonLogic. CrimsonLogic reserves the right to alter or extend the service hours
from time to time.
2.3 Access to and use of a Service Provider's services and facilities may require
the approval of the Service Provider. The Service Provider may impose its own terms
and conditions and charges for access to and use of its services. You are responsible
for ensuring that You have obtained all necessary approvals, consents and permissions
for access to and use of a Service Provider's services and facilities.
3. ACCESSING THE SERVICES
3.1 You shall obtain, install and maintain such suitable equipment, software, and
communication means as may be required to make connection to the World Wide Web
and to use the Services, including a computer and modem, network, telecommunication
facilities or other access devices, and other ancillary equipment.
3.2 Access to the Services require a set of valid Singpass / Corppass access codes.
You shall take all necessary steps to obtain Your Singpass / Corppass access codes
from the Government of Singapore and to maintain the same in working order. You
shall be responsible for ensuring the security and confidentiality of the password(s)
associated with Your Singpass / Corppass access codes.
3.3 CrimsonLogic shall not be obliged to provide access to the Website to You unless
Your employer has authorized, permitted or designated You to access the Website
and use the Services. You should approach your employer if You believe that You
ought to be so authorized, permitted or designated.
4. AUTHORISED USE ONLY
4.1 You are responsible for ensuring that Your access to the Website and Your use
of the Services are within the limits of any policies or instructions that are imposed
by Your employer. All communications and activities occurring under or referable
to Your Singpass / Corppass access codes shall be deemed to have been authorized.
Your unauthorized access and use may expose Your employer, amongst other things,
to liability for all costs, fees, and expenses arising from any communication and
activity occurring under or referable to Your Singpass / Corppass access codes.
4.2 You agree that access to and usage of the Services is for authorized purposes
only and You undertake not to reproduce, duplicate, copy, sell, resell, or exploit
any portion of the Services or information obtained through the Services.
4.3 You undertake not to use the Services for or to carry out any activity that
may be prohibited under the laws of Singapore or under any other applicable law.
You undertake not to use abusive, harassing, threatening, insulting, defamatory,
obscene or otherwise offensive language (including language offensive to race and/or
religion) when providing content, information and data, in particular when using
the comments feature of the Services.
4.4 You undertake to implement reasonable measures to secure Your computers, network
and telecommunications equipment from unauthorised access and malware (including
but not limited to viruses, Trojans, worms, logic bombs or other material which
is malicious or technologically harmful). You agree not to submit, upload or transfer
any unauthorized files, codes (including but not limited to viruses, Trojans, worms,
logic bombs or other material which is malicious or technologically harmful), documents
and information, in the course of using the Services. You must not attempt to gain
unauthorised access to the Website, the server on which the Services are hosted
or any server, computer or database connected to the Service. You must not attack
and/or allow any of Your equipment to be used to attack the Services via a denial-of-service
attack or a distributed denial-of service attack or any other form of attack.
5. PROVISION OF INFORMATION
5.1 You warrant and represent that Your access and use of the Services is duly authorized,
in particular, you are duly authorized to upload, submit, transmit or otherwise
deal with all content, information and data provided by You.
5.2 You warrant and represent that all content, information and data provided by
You are true, accurate, current and complete. You acknowledge and agree that the
Courts and/or the Government may make decisions or otherwise act or omit to act
in reliance on the content, information and data provided by You on the assumption
that they are true, accurate, current and complete.
5.3 You hereby authorize CrimsonLogic to deal with any data or information submitted
by or to You, in any manner, as CrimsonLogic deems necessary to carry out the Services.
Without limitation to the foregoing, You consent to the collection, use, disclosure,
retention and/or processing of Your data, including personal data, by CrimsonLogic
and/or its nominees for the use of the Services, and any other purposes associated
with litigation and court proceedings, during the term of your employer's eLItigation
Services Subscriber Agreement and for a period of seven (7) years after its termination.
You acknowledge and agree that Your data, including personal data, may be adapted,
altered, combined with other data and/or transmitted to third parties, including
but not limited to the Courts and/or the Government.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All intellectual property rights (including copyright and trade marks) contained
in, relating to or in connection with the Website and Services (including text,
design layout, graphics, logos, icons, sound recordings and software) are owned
by CrimsonLogic or its licensors. No materials provided through the Website or Services,
including text, graphics, compilations, computer programs, code and/or software
may be reproduced, modified, adapted, distributed, published, displayed, uploaded,
broadcast, posted, transmitted or hyperlinked in any manner and in any form without
CrimsonLogic's express, prior written approval and that of the respective intellectual
property owners.
6.2 You agree that document or material uploaded to or sent by You through the Website
or Services may be downloaded and reproduced by another user of the Service whether
or not You intended such user to receive a copy of that document or material.
7. EXTERNAL LINKS
7.1 The Website and/or the Services may provide links to other World Wide Web sites
or resources. As CrimsonLogic has no control over such sites and resources, You
acknowledge and agree CrimsonLogic is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or liable
for any content, information or data available from such external sites or resources.
You further acknowledge and agree that CrimsonLogic shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, information or
data available on or through such external site or resource.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
8.1 THE SERVICES AND ALL ANCILLARY SERVICES (INCLUDING BUT NOT LIMITED TO TRAINING
AND TECHNICAL SUPPORT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CRIMSONLOGIC
DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, TO THE EXTENT PERMITTED BY LAW,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8.2 CrimsonLogic does not warrant that the Website and Services will meet Your requirements
or that the Website and Services will be uninterrupted, timely, secure or error-free.
CrimsonLogic does not warrant the security of any information transmitted over the
Internet as no data transmission over the Internet can be guaranteed as totally
secure. Accordingly, any document or information which is transmitted by You, whether
to CrimsonLogic or to any other party, is transmitted at Your own risk.
8.3 CrimsonLogic is not responsible for the availability, content or security of
external websites or websites belonging to Service Providers which may be linked
or integrated with the Website. CrimsonLogic undertakes no liability, whether in
contract, tort or otherwise for the acts, neglects and omissions of the Service
Providers or other third parties, including without limitation third party providers
of telecommunication, computer or internet services or for faults in or failures
of their apparatus, equipment or systems.
8.4 CrimsonLogic shall not be liable to You or any other party for any damages,
loss, cost or expense suffered by You or any other party as a result of:
(a) an action brought by a third party even if such loss was reasonably foreseeable
or CrimsonLogic has been advised of the possibility of the Subscriber or any other
party suffering or incurring the same;
(b) the reliance on or use of any data, information, content or matter provided
by the Service Provider via the Services or the accuracy, correctness or completeness
thereof;
(c) any errors, interruptions or other occurrence whatsoever arising out of
any form of communications or other facilities not provided by CrimsonLogic;
(d) any data or other information input, sent or received by or to You or
through the Services;
(e) any inability to access the Services as a result of any error, interruptions,
malfunction, downtime or unavailability of the Singpass / Corppass system;
(f) Your failure to keep Your associated with the Singpass / Corppass system
secure and confidential; and
(g) any occurrence not due to CrimsonLogic's direct default.
8.5 In no event shall CrimsonLogic be liable for any loss of business, profit, goodwill
or any type of special, indirect or consequential loss regardless or the form of
action, whether in contract, tort or otherwise, and even if foreseeable or if CrimsonLogic
has been advised of the possibility of such damages. In particular, CrimsonLogic
shall not be liable for any legal professional fees or fees paid to courts and/or
governmental bodies which may have been incurred by You or any other third party
as a result of any error in any document transmitted through the Services.
8.6 You shall indemnify and keep CrimsonLogic harmless against any damage or claim
by any parties which may arise out of Your access to the Website or use of the Services
and agree to notify such parties in writing that CrimsonLogic shall have no liability
to them.
8.7 CrimsonLogic shall not be responsible for any dealings (i) between You and the
Service Providers or (ii) between You and another user of the Services whether or
not such dealings are facilitated through the use of the Services.
8.8 You agree that You shall not bring any claims, actions or proceedings whatsoever
against the Service Providers in respect of any damages, loss, cost and expense
arising from the use or reliance on the data, information, content or matter provided
by the Service Providers via the Website or Services.
8.9 CrimsonLogic shall have no liability to You for any loss, damage, cost or expense
arising from or in connection with these Terms of Use unless You have served notice
on CrimsonLogic within one (1) year from the date the event giving rise to the cause
of action arose.
8.10 Neither party shall be responsible for failure to perform or fulfill its commitments
under these Terms of Use if such failure is due to any other circumstances outside
its control. Such circumstances comprise, but are not confined to, acts of God,
war, riots and sabotage.
8.11 CrimsonLogic shall not be held responsible for any failure to meet its obligations
under these Terms of Use to the extent that such failure is attributable to the
effects of any computer virus, a denial-of-service attack or a distributed denial-of
service attack or any other form of attack.
8.12 In any event, the liability of CrimsonLogic for loss, damage, cost or expense
to You, for any cause whatsoever and regardless of the form of action, whether in
contract or in tort including negligence or otherwise, shall not exceed SGD $6,000.00.
9. AMENDMENTS TO TERMS OF USE
9.1. CrimsonLogic reserves the right to amend these terms of use from time to time.
Amendments will be effective with immediate effect upon posting on the Website.
BY USING OR CONTINUING TO USE THE SERVICES AT ANY TIME AFTER ANY AMENDMENTS ARE
POSTED ON THE WEBSITE, YOU REPRESENT THAT YOU AGREE TO BE BOUND BY THE TERMS OF
USE AS AMENDED.
10. GOVERNING LAW
10.1 This Agreement shall be governed by and construed in accordance with the laws
of Singapore. The parties agree to submit to the exclusive jurisdiction of the courts
of Singapore.
10.2 Recognizing the global nature of the Internet, You agree to comply with all
local rules regarding online conduct, acceptable content and use of the Website
and the Services. Details contained on the Website have been prepared in accordance
with Singapore law and may not satisfy the laws of any other country. CrimsonLogic
does not warrant that the details on the Website will satisfy the laws of any country
other than Singapore.