TERMS AND CONDITIONS OF ACCESS
COPYRIGHT & TRADEMARKS NOTICE
Except as otherwise expressly stated herein, all rights, title and interest in and to any Website, its contents and the online services therein, are owned by the SMRT Corp Group. No part of any Website may be reproduced, distributed, republished, retransmitted, disseminated, displayed, adapted, altered, hyperlinked or otherwise used in any form or by any means without the prior written consent of the SMRT Corp Group. You also may not, without the prior written consent of the SMRT Corp Group, mirror or frame any part or whole of the contents of any Website on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our web pages or the content contained herein, without the prior written consent of the SMRT Corp Group (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to any Website).
All proprietary content, trademarks, service marks, brand names, logos and other intellectual property displayed in any Website are the property of the SMRT Corp Group and where applicable, third party proprietors identified in any Website. No right or licence is granted directly or indirectly to any party accessing any Website to use or reproduce any such proprietary content, trademarks, service marks, brand names, logos and other intellectual property, and no party accessing any Website shall claim any right, title or interest therein art of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our web pages or the content contained herein, without the prior written consent of the SMRT Corp Group (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to any Website).
NO UNLAWFUL OR HARMFUL USE
You may not use any Website in any way that breaches any code of conduct, policy or other notice applicable to any Website. You agree that you will not use any device, software or other instrument to, directly or indirectly, interfere or attempt to interfere with:
- the proper working of any Website; or
- any other party’s use and enjoyment of any Website, and that you will not, directly or indirectly, take any action that could damage, disable, overburden, or impair any Website or the networks connected to any Website.
You must not misuse any Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any Website, the server on which any Website is stored or any server, computer or database connected to any Website. You must not attack any Website via a denial-of-service attack or a distributed denial-of service attack. SMRT Corp Group will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any Website or to your downloading of any material posted on it, or on any website linked to it.
You represent and warrant that all information provided by you to SMRT Corp Group in connection with your use of any Website is accurate, current and complete and you agree to hold harmless and indemnify SMRT Corp Group against any breach by you of the foregoing warranty in accordance with the provisions of these terms and conditions.
This website may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of the same (“access codes”). The content contained in such restricted areas is confidential to the SMRT Corp Group, and is provided to you for your personal use only. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially and legally accountable for all uses of any Website by you and anyone using your password and login information. You may not use any Website to:
- make any false, fraudulent or speculative reservation/booking or any reservation/booking in anticipation of demand;
- post or transmit any unlawful, threatening, libellous, defamatory or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; or
- for any other purpose that is unlawful or prohibited by these terms and conditions. The SMRT Corp Group reserves the right, which may be exercised in its absolute discretion at any time and without advance notice or liability, to prohibit, restrict or suspend the use of such access codes and/or your use of any Website.
The information and materials contained in any Website are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to the warranties of title, merchantability, satisfactory quality, non-infringement of third party intellectual property rights and freedom from computer virus as well as fitness for a particular purpose. You further acknowledge and agree that any use by you of any content submitted by any third party is entirely at your own risk. SMRT Corp Group shall not bear any liability in connection with any use of any content made available on any Website or any infringement of any rights arising in connection therewith, and you hereby release SMRT Corp Group from any and all claims in connection therewith. SMRT Corp Group does not and is not in a position to verify any party’s rights to submit any content on the Website, and SMRT Corp Group takes no responsibility and assumes no liability for any content posted by you or any third party, or for use of the same. SMRT Corp Group does not in any way endorse or support the views or ideas expressed in any submitted content.
The SMRT Corp Group also does not warrant the truth, accuracy, timeliness, adequacy, completeness or reasonableness of such information and materials and expressly disclaims liability for any errors in, or omissions from such information and materials. Such information and materials have been prepared solely for the purpose of providing general information about the SMRT Corp Group, may be changed by the SMRT Corp Group at any time and must not be relied upon in connection with any investment decision. You should seek professional advice at all times and obtain independent verification of the information and materials before making any decision based on such information and materials. The information and materials contained in any Website shall not be construed as an offer or a solicitation to sell, buy, give, take, issue, allot or transfer, or as the giving of any advice in respect of shares, stocks, bonds, notes, interests, unit trusts, mutual funds or other securities, investments, loans, advances, credits or deposits in any jurisdiction.
EXCLUSION OF LIABILITY
In no event shall the SMRT Corp Group nor any of its officers, employees, agents, affiliates or licensors be liable for any damages, loss or expense including but not limited to direct, indirect, special, incidental or consequential damage or loss arising in connection with any access or use of any Website, or reliance on any information and materials provided in any Website or any failure of performance, system, server or connection failure, error, omission, interruption, delay in transmission, computer virus, or unavailability of access regardless of the form of action and even if the SMRT Corp Group had been advised as to the possibility of such damages.
For the avoidance of doubt, any commentary and other materials posted on any Website by users or third party content providers are not intended to amount to advice on which reliance should be placed. SMRT Corp Group therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to any Website, or by anyone who may be informed of any of its contents.
You agree to hold harmless and indemnify the SMRT Corp Group, and its officers, employees, agents, affiliates and licensors from and against any claims, actions, proceedings, investigations, demands, losses, damages, suits, judgments, awards, costs and expenses (including but not limited to legal expenses on a full indemnity basis) of every kind and nature arising from or in any way related to any breach by you of these terms and conditions and your use of any Website and/or the online services herein.
HYPERLINKS AND THIRD PARTY CONTENT
Any hyperlink included in any Website and resources provided by third parties are for information only and are not an endorsement or verification of such linked websites. SMRT Corp Group has no control over the contents of these websites or resources and assumes no responsibility for the contents of or the consequences or for any loss or damage that may arise from accessing such linked websites.
You agree that your access to and/or the use of any such linked website is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein. We are not responsible for the privacy practices of any such linked website and encourage you to learn about the privacy policies of such third party websites. Some of these third party websites may be co-branded with our logo or trademark, even though they are not operated or maintained by us. Once you have left our Website, you should check the applicable personal data policy of the third party website to determine how they will handle any personal data which they may collect from you.
The SMRT Corp Group is not responsible for any third party content (including but not limited to any computer viruses or other disabling features), nor does SMRT Corp Group have any obligation to monitor such third party content. The SMRT Corp Group reserves the right at all times to remove or refuse to distribute any content on any Website.
Any undertaking by you not to do any act or thing shall be deemed to include an undertaking not to permit or suffer the doing of that act or thing.
The headings used in these terms and conditions are for ease of reference only and shall not be taken into account in the construction or interpretation of any provision to which they refer.
If any provision of these terms and conditions is held to be invalid or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part thereof shall to that extent be deemed not to form part of this Agreement but the validity and enforceability of the remainder of these terms and conditions shall not be affected.
The SMRT Corp Group’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
A person who is not a party to any agreement governed by these terms and conditions has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of these terms and conditions.
The SMRT Corp Group reserves the right to modify, delete or replace the information and materials contained herein from time to time and at any time in its absolute discretion. Your continued use of any Website after the effective date of such changes constitutes your acceptance of and agreement to such changes.
GOVERNING LAW AND JURISDICTION
The SMRT Corp Group makes no representation that the information and materials contained in or accessed through any Website is appropriate or available for use in any jurisdictions outside the Republic of Singapore. You agree that by accessing any Website and/or using the online services herein, your access and/or use, as well as these terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore and you agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore.
When you access any Website and online services, the SMRT Corp Group may collect the following information:
- Anonymous web statistics collected as you browse the websites
- Personal data you knowingly provide us
Some portions of the website may require that you provide your personal data.
-“Personal data” refers to any data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which we have or are likely to have access, including data in our records as may be updated from time to time (including but not limited to your name, contact number, email address and mailing address which may be obtained by us via your access to or use of any Website).
Please do not submit any personal data without first reading our Data Protection Policy accessible here http://smrt.com.sg/GeneralDPP.aspx which sets out our privacy practices in relation to personal data.
Any information disclosed in the public areas of the website (such as message boards and forums) becomes public information. You should exercise caution when disclosing your personal data in this way.
CONTENT POSTED OR SUBMITTED TO SMRT
The SMRT Corp Group may provide interactive services on any Website, including, without limitation, chat rooms and bulletin boards (“Interactive Services”). SMRT Corp Group are under no obligation to oversee, monitor or moderate any Interactive Service provided on any Website, and any liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of the terms and conditions of access stated herein, whether the service is moderated or not, is expressly excluded.
The use of any of Interactive Services by a minor is subject to the consent of their parent or guardian. SMRT Corp Group advises parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them.
Whenever you make use of a feature that allows you to upload material to any Website (“Contributions”), or to make contact with other users of any Website, you must not post or transmit any unlawful, threatening, libelous, defamatory or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, breach any laws relating to the protection of personal data, infringe any intellectual property rights, or otherwise be injurious to third parties. In particular, but without limiting the generality of the foregoing:
i. Contributions must:
- be accurate (where they state facts)
- be genuinely held (where they state opinions)
- comply with applicable law and codes of practice issued by any regulatory agency in Singapore and in any country from which they are posted or to be received
ii. Contributions must not:
- contain any material which is defamatory of any person
- contain any material which is obscene, offensive, hateful or inflammatory
- promote sexually explicit material
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- infringe any copyright, database right or trade mark or other intellectual property or other rights of any other person or advocate, promote, authorise or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse
- be likely to deceive any person
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
- promote any illegal activity
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
- be likely to harass, upset, embarrass, alarm or annoy any other person
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person
- give the impression that they emanate from us, if this is not the case
(collectively, “Content Standards”). These Content Standards apply to any and all Contributions which you contribute to any Website and to any Interactive Services associated with it. You must comply with the spirit of the standards as well as the letter. The Content Standards apply to each part of any Contribution as well as to its whole.
You warrant your Contributions will comply with the Content Standards, and SMRT Corp Group may without notice and without any liability to you remove or disable access to any Contributions which in its opinion do not comply with the Content Standards. You will further indemnify SMRT Corp Group for any breach of this warranty. SMRT Corp Group will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of any Website.
You agree to grant to the SMRT Corp Group a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the website (such as message boards, forums, member profiles, job folders or other features that allow users to post information that will be accessible by the public or the user population generally) by all means and in any media now known or hereafter developed. You also grant to the SMRT Corp Group the right (though you acknowledge and agree that the SMRT Corp Group shall not be so obliged) to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against the SMRT Corp Group for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
If you agree to provide us access to any social media networking account, you also consent to granting SMRT Corp Group access to your friend lists, content and apps linked to your social media networking account, to retain copies thereof and provide other users access thereto to enable social networking or other features or functionality interfacing with such platform.
Except for any personal, individually identifying information which we have specifically agreed with you to keep confidential in writing, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the website, via email or otherwise, will be treated as being non-confidential and nonproprietary. The SMRT Corp Group assumes no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
HYPERLINKS FROM THIRD PARTY WEBSITES
You agree that caching, hyperlinking to, and framing of any Website or any of the contents are strictly prohibited.
The SMRT Corp Group reserves all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
Cookies and Browser Settings
The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer.
Advertisers and other third-parties may make use of information stored in your cookies. We may not have access to or control over cookies or other features that advertisers and third party sites may use, and the information and privacy practices of these advertisers and third party websites will be governed by their terms. Please contact these parties directly for more information about their practices relating to cookies and the handling of personal data.
TERMINATION AND SUSPENSION
SMRT Corp Group will determine, in its discretion, whether there has been a breach of the aforesaid terms and conditions of access through your use of our website. Failure to comply with terms and conditions of access constitutes a material breach, and may result in SMRT Corp Group taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use any Website
- immediate, temporary or permanent removal of any posting or material uploaded by you to any Website
- issue a warning to you
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
- further legal action against you
- disclosure of such information to law enforcement authorities as SMRT Corp Group may reasonably feel is necessary
The responses described above are not limited, and SMRT Corp Group may take any other action which it may reasonably deem appropriate. SMRT Corp Group excludes liability for actions taken in response to breaches of these terms and conditions of access.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide written notice to SMRT Corp Group with full details as prescribed in PART IXA to the Singapore Copyright Act, Cap 63, to be submitted to SMRT Corp Group’s designated representative, as follows:
Manager, Corporate Affairs
Corporate Marketing & Communications
251 North Bridge Road Singapore 197102
Tel: +65 6331 1000
Upon receipt of a compliant notice of infringement, SMRT Corp Group may take further steps in depending on the nature of the alleged infringement described in the notice, which may include the matters described in the Singapore Copyright Act as applicable to network service providers.