1. Applicability of Terms
1.1 These Terms of Use (“Terms”) govern your use of the online platform (“Online Platform”) established to facilitate the electronic submission, access, retrieval and/or communication of documents and/or information submitted under the alternative dispute resolution scheme (“Scheme”) pursuant to the Info‑communications Media Development Authority Act 2016 and the Telecommunications Act by the Info‑communications Media Development Authority (“IMDA”).
1.2 The Online Platform is operated by Singapore Mediation Centre (“SMC”) as the duly appointed operator of the Scheme. SMC permits you to use the Online Platform on condition that you fully comply with the Terms.
1.3 By accessing or using the Online Platform, you are deemed to have read, understood and agreed to be bound by the Terms. If you do not agree with any of the Terms, DO NOT access and/or use the Online Platform or any of the services made available on the Online Platform (“Services”).
1.4 SMC has the right to change any part of these Terms, at any time. You are responsible for checking these Terms periodically for any changes. Your continued use of or access to the Online Platform and/or the Services after such changes are made means that you accept the updated Terms.
2. Registration
2.1 You are required to register an account to use the Online Platform and Services, the requirements of which may be changed from time to time.
2.2 You must ensure that you have attempted to resolve your dispute with your Service Provider before requesting for your dispute to be submitted under the Scheme.
2.3 You must ensure that all information you provide during registration (“Registration Details”) is true, current, complete and accurate.
2.4 When accessing or using the Online Platform and Services, you may only use your own Registration Details, account and password as registered, which you are responsible for ensuring the confidentiality and security of.
2.5 You must immediately notify SMC of any breach of security, including any unauthorized use of your account or password. You are solely responsible for any activity that occurs through use of your account (whether or not authorised by you), or as a result of your failure to keep the Registration Details and your password secure and confidential.
3. Availbility
3.1 The Online Platform and Services are provided on an “as is” and “as-available” basis, and you are notified that:
(i) no guarantee nor assurance is given that your use of the Online Platform or Services will meet your needs or expectations or will provide any specific results or that you will have continued access or uninterrupted operation of the Online Platform or Services;
(ii) content on the Online Platform may include technical inaccuracies or typographical or other errors, which may be modified or corrected at any time without notice to you or may not be corrected; and
(iii) no warranties nor representations, whether express or implied, on the Online Platform and Services are given to you, all of which are excluded to the fullest extent permitted by law.
3.2 The operation and availability of the Online Platform or Services may at any time be:
(i) compromised for any reason, including due to computer network data transmission latency, system downtime or any other technical error or problem; or
(ii) suspended for system maintenance, error correction or other purposes, without notice to you.
4. Links
4.1 For your convenience, the Online Platform may contain links to other websites operated by third-parties. Your access to and use of any products or services offered at such third-party websites are at your sole risk and responsibility.
4.2 Hyperlinking from any third-party website to any part of the Online Platform is prohibited in the absence of written permission from SMC. Any unauthorised links to the Online Platform may be disabled without notice.
4.3 SMC is not to be associated with any third-party website, whether or not the Online Platform provides a link to or which provides a link to the Online Platform.
5. Scope of Use
5.1 Your use of the Online Platform and Services is permitted only for the purpose of your participating in the Scheme in accordance with the rules applicable to the Scheme (“Scheme Rules”).
5.2 You must NOT use the Online Platform or Services:
(i) in any way that is or that enables or encourages any conduct that is illegal, harmful, abusive, defamatory, vulgar, obscene or otherwise objectionable; or
(ii) to upload, post, introduce or transmit through the Online Platform, any –
– unsolicited advertising material; or
– inaccurate, incomplete, false or other objectionable information or material; or
– software or material that contains viruses or other damaging components that may damage the data on the Online Platform, disable, interfere, overburden, or impair the operation of the Online Platform or any user’s computer or mobile device.
5.3 You may be permanently prevented or temporarily suspended from accessing or using of any part or the whole of the Online Platform and/or Services if you are found or believe to be in breach of any provision of the Scheme Rules or these Terms.
5.4 You are responsible for:
(i) securing and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Online Platform; and
(ii) assuming all risks connected to and/or arising out of the use of the Online Platform, its content, and the Services.
5.5 You waive all rights to claim against IMDA and/or SMC, for any and all damages whatsoever, including general damages and damages for loss of profits, direct, indirect, special, consequential, punitive or incidental damages, or damage to goodwill or reputation, arising out of, or relating to your use, inability to use, performance or failure of the Online Platform and Services, or any content included in or made available through the Online Platform, irrespective of whether such damages were foreseeable or otherwise.
5.6 You agree to indemnify, defend, and hold each of IMDA and SMC and its respective officers, employees and agents, harmless from and against any third-party claim or demand, including for legal fees, resulting directly or indirectly from your use of the Online Platform and Services, or violation of the Scheme Rules or these Terms.
6. Security
6.1 You accept that Internet communications or transmissions may be susceptible to interference or interception by third-parties. No guarantee nor assurance is given to you that the Online Platform and its content, including information, files or data you upload to or download from the Online Platform, will be secure or free of viruses, contamination or other harmful components.
6.2 You are responsible for implementing security measures or anti-virus protection that meet your satisfaction to protect your own information, files, data and/or software, and for maintaining a means external to the Online Platform for backing-up, saving, retrieving and/or reconstructing any lost data.
7. Privacy Policy
You acknowledge that all personal information provided through the Online Platform is subject to the terms of SMC’s Personal Data Protection Policy, incorporated into these Terms by reference.
8. Intellectual Property
8.1 You have no rights or claims to and you must not do anything that infringes any of the intellectual property used in connection with or subsisting in or displayed or discernible at the Online Platform or in your consumption of the Services, including such intellectual property relating to any domain name, trade mark, trade name, text, image, compilation, sound, copyright, design, source code and/or software, all of which are the property of their respective owners.
8.2 You must not do anything or allow any person to do anything whereby any part the Online Platform or any of its content or any of the intellectual property stated above, will be:
(i) manipulated, reverse engineered, modified, copied, replicated or disassembled; and/or
(ii) distributed, used or reproduced in any format for commercial reasons.
8.3 You must not introduce or upload to the Online Platform, any content or material that you are not authorised to use or that infringes any third party’s intellectual property
8.4 If you wish to request the removal of any content found at the Online Platform (“Disputed Content”) on the ground that it infringes any valid copyright (“Alleged Copyright”), you may contact SMC at [email protected] with specific details of the following:
(i) the Disputed Content and its location at the Online Platform;
(ii) the Alleged Copyright;
(iii) your name, address, telephone number and email address;
(iv) a statement signed by you or the owner of the Alleged Copyright or its authorised representative to the effect that you believe or such owner believes, in good faith, that use of the Disputed Content is not authorized.
9. Notices
Any notifications, updates, or notices by SMC will be sent to you either by way of a notification on the Online Platform, or to the last known email address that you have provided to SMC, and shall be deemed to have been received by you at the point at which such notification or email is sent by SMC.
10. Governing Law
10.1 These Terms are governed by and construed in accordance with the laws of Singapore.
10.2 You agree to submit any dispute arising out of or relating to these Terms (“Dispute”), including the validity, interpretation, breach or termination thereof, at SMC’s option, to arbitration administered by The Law Society of Singapore (“LSS”) under the Law Society Arbitration Scheme, and in accordance with the LawSoc Arbitration Rules of the LSS for the time being in force, which rules are deemed to be incorporated by reference herein. The seat of the arbitration shall be Singapore. The tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.
10.3 You further agree that following the commencement of arbitration, you will attempt to resolve the Dispute through mediation under the Law Society Mediation Scheme, in accordance with the Arb-Med-Arb Procedure under the LawSoc Arbitration Rules for the time being in force. Any settlement reached in the course of the mediation shall fall within the scope of this arbitration agreement, and may be referred to the arbitral tribunal appointed in accordance with this clause, and may be made a consent award on agreed terms.
11. Miscellaneous
11.1 All your communication with SMC is to be in the English language.
11.2 Failure by SMC or IMDA to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is made in writing and signed by SMC or IMDA, as the case may be.
11.3 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, it shall be deemed to be deleted from these Terms as if it had not been included at all, without affecting the remaining provisions, all of which will remain in full force and effect.