TERMS AND CONDITIONS FOR USE OF
EXPRESS LANE APPLICATION PROGRAMME

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 UNDER THE EXPRESS LANE APPLICATION PROGRAMME ("ELAP"). 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.

"Application" means an application made by the User on-line at the Website for Reservation of the Property and any amendments, modifications and corrections thereto which is consented to and accepted by the Corporation and "Applications" shall be accordingly construed.

"Application Number" means the number assigned to each Application at the Website following submission of the same, which number will be used to identify such Application.

"Approval" means the approval issued by the Corporation for Reservation of the Property in question and "Approvals" shall be accordingly construed.

"E-Mail Address" means the electronic mail address provided by the User in the Application which shall be used for identification of the User together with the Application Number in all matters relating to the relevant Application.

"Expiry Date" means the date of expiry of the Reservation as indicated in the Approval.

"JTC Records" means information and data available in the records of the Corporation including but not limited to the User Information.

"Property" means the premises made available and offered by the Corporation for the grant of a tenancy to Users at the Website (particulars of which are set out in the Property Details) and selected by the User in the Application.

"Property Details" means the particulars of the Property as set out in this Website.

"Reservation" means the Corporation’s reservation of the Property for the User upon the issuance of the Approval up to the Expiry Date.

"Specific Terms" means the specific terms applicable to certain Website Services or Property, 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 or in the Application, as may be supplemented, amended, varied or modified by the Corporation.

"User" means the user of the Website Services and "Users" shall be accordingly construed.

"User Information" means all 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 such information as contained in or provided for purposes of the Application, any feedback or responses to surveys conducted that may be given by such User.

"Website" means this Internet website owned and operated by the Corporation accessible at the following uniform resource locator (url) http://krypton.jtc.gov.sg/elap

"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 or to facilitate the grant of a tenancy of the Property.

1.2 References to persons include bodies corporate or unincorporated, including partnerships and their successors. Words importing gender shall include every other gender.

1.3 References to "Our", "We" and "Us" shall be references to the Corporation.

1.4 References to "You" and "Your" shall mean references to each User.

1.5 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.Qualification

2.1 You are eligible to use the Website and the Website Services and submit Applications through the Website only if You satisfy the following:-

2.1.1 You are a company or firm duly incorporated or registered with the Registry of Companies and Businesses in Singapore and have the legal capacity to enter into and form contracts under the applicable laws;

2.1.2 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;

2.1.3 as at the date of submission of Your Application, You shall not have any pending letter of demand or legal action issued by Us against You.

2.2 Your use of the Website Services shall be subject to Your complying with Clause 2.1 above 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 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 search for suitable premises, 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 The Corporation may offer or provide assistance to facilitate the grant of the tenancy of the Property, including accepting and submitting on your behalf applications to government or other authorities for consideration and approval. You acknowledge and agree:-

3.2.1 that the said services are provided for your convenience only and understand that the Corporation is under no obligation whatsoever to do so nor shall the Corporation be held responsible for the same;

3.2.2 that acceptance of your applications by Us for submission to such third parties does not indicate in any manner that the said applications are in order nor that the same will be approved;

3.2.3 to pay for any expenses and disbursements that may be incurred by the Corporation in facilitating such applications or otherwise providing the services which may be directly attributable to You or reimburse the Corporation in respect of the same, as the case may be.

3.3 If We agree pursuant to Your request to submit applications or liaise with other third parties for and on your behalf, You agree that We shall be and are hereby authorised and appointed as your agent to file the said applications and liaise with such third parties or government agencies in connection with the grant of the tenancy of the Property or the submission of Your Application.

3.4 In connection with the aforesaid appointment, You hereby authorise Us to take such actions and make such decisions as We deem appropriate or necessary including in connection with the disclosure and submission of information and documentation and further agree to ratify and hereby ratify all such actions and decisions by Us in connection therewith.

4.Submission of Application

4.1 Upon completion of the requisite "Application and Declaration Form", You may proceed to submit the Application to the Corporation for purposes of making a Reservation of the Property. You may submit more than one but shall not have more than 3 Applications subsisting at the same time where the respective Expiry Dates thereof have not lapsed provided that each Application shall be for one Property.

4.2 You agree and
acknowledge that the Property:-

4.2.1 shall be deemed to be correctly described with respect to its area, dimension, configuration and other physical parameters as indicated in the location and/or floor plans set out in the Property Details;

4.2.2 shall be taken on an "As Is Where Is" basis and You shall be deemed to have notice of the actual state and condition of the Property including matters as regards access, ingress and egress, drainage, utility services, easements, rights of way and all other encumbrances, if any, affecting the same; and

4.2.3 no error, omission, mis-statement or mis-description in the particulars of the Property or in these Terms and Conditions shall invalidate any Application submitted by You nor entitle You to any compensation whatsoever.

4.3 You shall be deemed to have independently verified all information relating to the Property for which an Application is submitted and shall not hold Us liable for any error in the information contained at this Website or the Property Details.

4.4 You acknowledge and understand that by submitting the Application, You agree to Our specification and description of the Property as set out in the Property Details and that based on the said specification and/or description, You are able and willing to obtain a tenancy of the Property.

4.5 For the purposes of assisting You in Your submission of Your Application, We may, for Your convenience only, retrieve, compile and reproduce any part of the JTC Records, whether or not based on User Information You previously supplied to Us. You are deemed to have checked and confirmed that all such JTC Records are in order and accurate before submitting Your Application on the basis of the same.

4.6 In the event that You discover or identify any error, omission, mis-statement or mis-description in the JTC Records, please notify the officer in charge of Your Application or the Corporation immediately of the said error, omission, mis-statement or mis-description, failing which You shall be deemed to have independently provided, verified and confirmed the accuracy of all the JTC Records as contained in Your Application and You shall be solely responsible for any error or inaccuracy in any of the JTC Records on which Approval of Your Application may be based.

4.7 We shall be entitled to act and rely on all the information contained in Your Applications and We will not be obliged or required to verify or further confirm any such information including any part of the JTC Records retrieved by Us or any other details of Your Application.

4.8 In the event You wish to make any amendments to Your Application, You may only do so before the Expiry Date by using the function "Retrieve Application" and citing the same Application Number and Your E-Mail Address for identification. Any amendment to Your Application shall be subject to the consent of the Corporation and the acceptance of the amended Application shall be at the sole discretion of the Corporation.

5.Approval

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 or other electronic means in the manner as stipulated by Us, depending on the type of Application in question. The Approval granted will be personal to You and shall not be transferable.

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 Your satisfying such conditions or other criteria as may be stipulated by Us; and

5.2.2 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 (as may be amended or replaced) and applicable in respect of which such Approval is granted.

5.3 Upon Our issuance of the Approval, the Reservation of the Property shall only be effective for the period commencing from the date of the Approval until the Expiry Date, upon which the Reservation will lapse and have no further effect and We shall be entitled to offer or grant a tenancy of the Property to any other person. If after the Expiry Date, You are still interested in obtaining a tenancy of the Property, You may submit another Application for the Reservation of the same, if available.

5.4 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). Any Approval 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.

5.5 In the event that Your Application is not approved, notification to this effect will be issued to You and the officer in charge of Your Application will contact You within the period stipulated in the said notification to assist You further and assess Your Application with You.

5.6 An Approval or Reservation in Your favour shall not be construed as an offer by the Corporation or otherwise obliging the Corporation to grant a tenancy of the Property in question to You nor giving You any rights or claims to the Property. You are required to follow up in the manner indicated in the Approval and meet the requirements of the Corporation so as to effect and conclude the grant of the tenancy of the Property to You on the terms of the Corporation.

5.7 Any attempt by a User or any person on such User’s behalf to canvass, solicit or approach with a view to canvassing or soliciting any member or officer of the Corporation on any matter relating to the User’s Application, shall cause the Approval thereof or the Reservation, offer or tenancy of the Property, or other action taken by the Corporation to be rejected, withdrawn or retracted, as the case may be, unless otherwise determined by Us at Our sole discretion.

6.Payment of Fees, Costs and Expenses

6.1 Without prejudice to the above provisions, You agree to pay on demand, if required:

6.1.1 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;

6.1.2 all stamp duties payable on the said documents and all other costs and expenses incurred or to be incurred in connection therewith;

6.1.3 the amount of goods and services tax charged or chargeable in relation to the supply of any goods or services by Us or on Our behalf under the applicable law.

7.Obligations and Warranties of Users

7.1 You warrant and undertake:-

7.1.1 to maintain the security and confidentiality of the Application Number and to use the same only for the purposes contemplated in these Terms and Conditions;

7.1.2 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;

7.1.3 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;

7.1.4 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; and

7.1.5 not to engage in the operation of any unlawful business and not use or permit any person to use the Website Services (whether or not on Your behalf) for any unlawful purpose or in contravention of any applicable laws, or rules, by-laws or regulations of any government or quasi-government body.

7.2 Prior to making an Application, You should consult the relevant authorities or bodies in respect of any issues relating to their conditions and requirements on the use and purpose of the Property in question 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 or if You are unable to perform the acts or use the Property for which Our 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 Property, if any.

8.Security of Application Number

You shall be responsible for maintaining the confidentiality of Your Application Number and shall ensure that all persons accessing or using the Website Services using Your Application Number 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 using Your Application Number, whether authorised by You or not.

9.User Information

9.1 For the purposes of registering with Us and using the Website and the Website Services, We will require User Information to be provided by You and may further request that feedback be given. In providing the User Information, You take sole responsibility for the same and warrant that the User Information supplied to Us:-

9.1.1 is not misleading or inaccurate;

9.1.2 does not infringe or violate the intellectual property or other rights of any third party nor does it violate any applicable laws;

9.1.3 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 User 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 providing the User Information, You agree and hereby authorise Us to:-

9.2.1 use such User 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 store and retain such User Information as part of the JTC Records and to retrieve and use the same from time to time for such purpose as We think fit;

9.2.3 disclose to and share with other governmental agencies and bodies such User Information, whether for the purpose of assessing compliance with the conditions and requirements of such agencies and bodies in connection with Your proposed use of the Property in question or so that You may have a wider service selection or otherwise.

                                                                               

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 User 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 Website Services and/or the smooth operation of the Website.


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; or

10.2.3 prevent or restrict access by any User to the Website


without being liable for any costs, expenses, losses and/or damages incurred by You or any other User(s) whatsoever. The rights herein shall include the right to remove any listed premises or the description thereof and to remove any Applications submitted.

11.Grant of Rights

11.1 In supplying any User Information and materials to Us, You are deemed to grant Us the non-exclusive, perpetual, irrevocable, royalty free licence to use the said User 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 is at Your own risk as We do not control nor contribute to such sites or the information contained therein. 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.

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; or

14.1.4 for any other reason as We may deem fit,


by denying any access to the Website by You or any person using Your Application Number.

14.2 Upon termination, all User 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 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 and the Website 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.

16.2 Further, You acknowledge that We do not guarantee uninterrupted, continued or secure access to the Website or Your use of the Website Services or that the Website will be error free or free form computer virus or other invasive or damaging code and You will not hold Us 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 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, any liability for obligation, right, remedy or claim in tort is expressly excluded by Us.

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 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. However, You expressly agree that the Contracts (Rights of Third Parties) Act 2001 (as may be amended or replaced) shall be excluded and accordingly the provisions of the said Act shall not apply.

19.2 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.

19.3 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.

19.4 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.

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 been 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 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.

20.2 All notifications referred to herein shall be sent to the relevant address of the User as contained in Our records.

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