DIGITAL JOURNAL TERMS OF SERVICE

Welcome to the Digital Journal (defined below). Please read the following Terms and Conditions carefully (including our Privacy Policy) (collectively “Terms of Service”) before using this Digital Journal and the Mobile Services (defined below), so that you are aware of your legal rights and obligations with respect to Institute of Singapore Chartered Accountants ("ISCA").

By accessing this Digital Journal and using the Mobile Services, you hereby agree to be legally bound by these Terms of Service. If you do not accept these Terms of Service, please leave the Digital Journal and discontinue use of the Mobile Services immediately.

1. Agreement

1.1 You hereby represent and warrant that:

(i) you have read and agree to these Terms of Service and our Privacy Policy;

(ii) you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Terms of Service and you are either:

(a) accessing this Digital Journal, using the Mobile Services and contracting in your own personal capacity; or

(b) contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Digital Journal and using the Mobile Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Terms of Service and to be liable for your child’s or ward’s acts and omissions while accessing the Digital Journal and/or using the Mobile Services, and you also agree to ensure that your child or ward observes these Mobile Services;

(iii) you are authorised to bind the entity (yourself or your company) on whose behalf you are accessing this Digital Journal or using the Mobile Services and such entity agrees to be bound by these Terms of Service; and

(iv) all of the information provided by you to ISCA (including without limitation personal particulars and contact information) is accurate and complete.

1.2 ISCA may from time to time vary or amend these Terms of Service by posting the amended Terms of Service at this Digital Journal. Any use of the Mobile Services after the amendment of these Terms of Service will be deemed to be acceptance of the amended Terms of Service by you. If you do not agree to the amended Terms of Service, you have the right to cease using the Mobile Services.

2. Definitions

2.1 “Agreement” means the agreement formed by these Terms of Service.

2.2 “Content” means articles, content, information, data, text, graphics, images, audio-visual material, news, advertisements, and other content.

2.3 “Device” means the personal digital assistant, mobile phone, tablet, personal computer, notebook computer, or other electronic device used to access this Digital Journal or the Mobile Services.

2.4 “Digital Journal” means the digital publication entitled the “IS Chartered Accountant”.

2.5 "ISCA Content" means all Content of ISCA that is made available on or via the Digital Journal.

2.6 “Mobile Services” is defined in Clause 3.2.

2.7 “Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Digital Journal and the Mobile Services.

2.8 “Third Party Content” means all Content of third parties that is made available on or via the Digital Journal, and shall include all third party websites and links to third party websites.

2.9 “Third Party Products” means all products and services of third parties advertised on or available at the Digital Journal, websites linked from the Digital Journal.

2.10 “Virus” means any virus, worm, macro, adware, Trojan horse, time bombs, error or other damaging or harmful program or components.

3. Digital Journal and Mobile Services

3.1 The Digital Journal is owned and maintained by ISCA.

3.2 ISCA may offer the following services on or through the Digital Journal (each a “Mobile Service” and collectively the “Mobile Services”):

(i) access to a collection of Content including ISCA Content and Third Party Content;

(ii) access to Third Party Products;

(iii) letters and other contributions; and

(iv) any other features, content or applications that ISCA may offer at the Digital Journal from time to time in its sole discretion.

3.3 Access to the Digital Journal and the Mobile Services may in ISCA’s discretion be provided by ISCA free of charge or at charges to be published by ISCA from time to time, provided that you will be given an opportunity to decline or discontinue access to the Digital Journal and the Mobile Services if your initial free access becomes chargeable subsequently.

4. Data Protection

4.1 If you provide any personal data to us during the registration process or otherwise, you consent to our collection, use, processing and disclosure of your personal data in accordance with our Privacy Policy at at http://isca.org.sg/privacy-and-data-protection-policy.

5. User’s Obligations

5.1 You shall not reproduce, modify, translate, publish, display, transmit, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:

(i) any Mobile Services;

(ii) the Digital Journal; or

(iii) any ISCA Content except with the prior written consent of ISCA or where expressly permitted in the Digital Journal; or

(iv) any Third Party Content except with the prior written consent of the owner of the specific Third Party Content.

5.2 You also hereby undertake:

(i) to comply with these Terms of Service, and such other notices or guidelines that may be posted on the Digital Journal by ISCA from time to time (which are hereby incorporated by reference into these Terms of Service);

(ii) not to use any Mobile Services or ISCA Content for any unlawful purpose, and shall comply with all applicable laws and regulations, including without limitation, copyright law;

(iii) not to hack into, interfere with, or disrupt the Digital Journal, Mobile Services or Servers; and

(iv) not to use the account of another member at any time, whether with or without his/her permission.

5.3 In the event that any community sharing or interaction features are included in the Digital Journal and Mobile Services, you hereby agree and undertake:

(i) to treat all users with respect and civility;

(ii) not to annoy, pester, solicit, harass, threaten, offend, insult, abuse, defame, or injure any other users, or commit any unlawful or tortious acts against other users;

(iii) not to spam, mail bomb, send Viruses to other users, or act in any manner that adversely affects the use of the Mobile Services or Digital Journal by other users;

(iv) not to harvest or otherwise collect information about users, including email addresses.

5.4 Any infringing, fraudulent, abusive, or otherwise illegal activity shall be grounds for termination of your use of the Digital Journal and Mobile Services, at ISCA's sole discretion, and you may be reported to appropriate law-enforcement agencies.

5.5 Without prejudice to ISCA’s rights of termination under Clause 9, ISCA reserves the right to terminate your access to all or any part of the Digital Journal or Mobile Services if you are in breach of any of these Terms of Service or if ISCA believes that you have been using the Digital Journal or any of the Mobile Services for unlawful activity.

6. Intellectual Property

6.1 The copyright, patents and all intellectual property rights in the Mobile Services, the Digital Journal, and all ISCA Content, including without limitation the copyright in ISCA’s compilations of all ISCA Content and Third Party Content, shall vest in and remain with ISCA and its licensors.

6.2 The trademarks, logos and service marks ("Marks") displayed on this Digital Journal are the property of ISCA or other third parties, and all rights to the Marks are expressly reserved by ISCA or relevant third parties. You are not permitted to use the Marks without the prior written consent of ISCA or such third party. Without limiting the generality of the above,

(i) “ISCA” and “ISCA logo” are trademarks of ISCA;

(ii) All products and product logos are trade marks of ISCA and other owners, as applicable.

7. Use of ISCA Content

7.1 All ISCA Content are the copyrighted work of ISCA or its content or software providers, and ISCA reserves and retains all rights in the ISCA Content. Use of some ISCA Content may be governed by the terms of an accompanying end user license agreement. You will not be able to download or install any ISCA Content that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the ISCA Content.

7.2 You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Digital Journal or any ISCA Content available on the Digital Journal or through a Mobile Service except under the specific circumstances expressly permitted by law.

8. Disclaimers & Limitations

8.1 While we make every effort to ensure that all ISCA Content displayed on the Digital Journal is accurate and complete, we provide the ISCA Content for informative purposes only and on an ‘as is’, ‘as available’ basis only and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, ISCA disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, ISCA does not warrant that the functions contained in or access to the Digital Journal, Mobile Services, ISCA Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Digital Journal, Mobile Services, ISCA Content or the Servers are free of Viruses, or that the download, installation or use of any ISCA Content in or with any Device will not affect the functionality or performance of the Device. You (and not ISCA) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Device. You agree not to hold ISCA liable for any loss, damage or expense.

8.2 ISCA does not warrant or make any representations regarding the use or the results of the use of the any Content, or the Mobile Services, or Digital Journal in terms of their correctness, accuracy, completeness, reliability, or otherwise. The Content, data and information made available on the Digital Journal are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before making any decision.

8.3 The views and positions expressed in the Digital Journal are personal views of the applicable authors and do not represent the views or positions of ISCA.

8.4 You acknowledge and agree that it is not ISCA’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any Third Party Content, posting, or any information that may be linked to, inserted or made available on or from the Digital Journal and that ISCA does not endorse, has no control over and shall not be responsible for any Third Party Content. ISCA hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Content, including any Viruses contained in any Third Party Content.

8.5 You acknowledge and agree that ISCA does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and ISCA hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products.

8.6 You agree that all Third Party Content, and Third Party Products, and all statements, offers, information, opinions, materials, from other users and from advertisers and other third parties on this Digital Journal should be used, accepted and relied upon only with care and discretion and at your own risk, and ISCA shall not be responsible for any loss, damage, expense or liability incurred by you arising from such use or reliance.

8.7 You agree that:

(i) ISCA shall be entitled at any time, at its sole discretion and without prior notice, to add to, vary, update, terminate, withdraw or suspend the operation of the whole or any part or feature or Content of the Digital Journal or Mobile Services without assigning any reason; and

(ii) access to or the operation of the Digital Journal, Servers and/or the Mobile Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,
and in any such event, ISCA shall not be liable for any loss, liability or damage which may be incurred as a result.

8.8 In no event shall ISCA be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the ISCA Content, Third Party Content, Mobile Services, Third Party Products, any Devices, the Digital Journal, or any other website. In the event that ISCA is liable for damages despite the foregoing provision, you agree that ISCA’s aggregate liability to you for any and all causes of action in relation to the ISCA Content, Mobile Services, Digital Journal, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Mobile Services to ISCA for the one month period immediately preceding the time such liability arose, whichever is lower.

8.9 Under no circumstances, including, but not limited to, negligence, shall ISCA be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the ISCA Content, Mobile Services, Digital Journal, or any other website, even if ISCA or a ISCA authorised representative has been advised of the possibility of such damages.

8.10 You agree that the above exclusions and limitations of liability enable the Mobile Services and the ISCA Content to be provided by ISCA at either reasonable costs or no costs to you.

9. Termination

9.1 You agree that ISCA has the right in its sole discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Digital Journal or Mobile Services, without assigning any reason.

10. Notification of Infringement

10.1 ISCA or its applicable licensors will investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of ISCA Content, Third Party Content and other material occurring on the Digital Journal (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Digital Journal, please notify ISCA in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).

10.2 All Infringement Notices shall be sent to ISCA addressed as follows:

Editor, IS Chartered Accountant
Institute of Singapore Chartered Accountants
60, Cecil Street, ISCA House
Singapore 049709
editor@isca.org.sg

10.3 ISCA will in response to all Infringement Notices submitted in the above manner remove the Infringing Material from the Digital Journal. In return, you agree that you shall not take any legal action against ISCA in respect of any Infringing Material, unless you have first given ISCA the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter ISCA refuses or fails to remove the Infringing Material within a reasonable time. Where ISCA removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against ISCA under applicable law which you may have in respect of any Infringing Material appearing on the Digital Journal prior to such removal by ISCA.

10.4 You acknowledge and agree that ISCA has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Third Party Content on third party sites linked to the Digital Journal, or Third Party Products which are not sold by ISCA.

11. Jurisdictional Issues

11.1 This Digital Journal is owned and operated by ISCA in Singapore. ISCA makes no representation that Digital Journal or its Contents are appropriate or available for use in your location. Those who choose to access this Digital Journal from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

12. Indemnity

12.1 You agree to indemnify and hold ISCA, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

(i) your use of the Digital Journal or any Mobile Services;

(ii) your connection to the Digital Journal;

(iii) your breach of any terms and conditions of these Terms of Service; or

(iv) your violation of any rights of another person or entity.

13. Severability

13.1 If any provision of these Terms of Service is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms of Service shall continue in force save that such provision shall be deemed to be deleted.

14. Relationship of Parties

14.1 Nothing in these Terms of Service shall constitute or be deemed to constitute an agency, partnership or joint venture between ISCA and you and neither party shall have any authority to bind the other in any way.

15. Waiver

15.1 A failure by ISCA to exercise or enforce any rights conferred upon it by these Terms of Service shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

16. Rights of Third Parties

16.1 A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

17. Force Majeure

17.1 No party shall not be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

17.2 For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

18. Contributions & Questions

18.1 ISCA welcomes contributions and letters. These may be edited for clarity or length. Articles, letters and requests to reproduce articles appearing in the Digital Journal should be sent to Editor, IS Chartered Accountant, Institute of Singapore Chartered Accountants, 60 Cecil Street, ISCA House, Singapore 049709 or email: editor@isca.org.sg.

18.2 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Digital Journal, please contact us at: appfeedback@isca.org.sg.

19. Governing Law & Jurisdiction

19.1 These Terms of Service and all matters relating to your access to, or use of, this Digital Journal and the Mobile Services shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law.

19.2 You hereby submit to the jurisdiction of the Singapore courts.