2.1. To apply for Use of the API, you may be required to provide information (such as identification and contact details). Any information you provide to MOF must always be accurate, current and complete and you shall inform MOF promptly of any update or change to the information.
3. CONDITIONS OF USE
(a) access, call, command, query, delete or request for the API (“Use”); and
(b) create API Client(s) for the purpose of utilising the API, on condition that the API Client(s) are free of any Unauthorised Code.
3.3. You shall not:
(a) create API Client(s) that functions in substantially the same way as the API and offer it for use by any third party;
(b) exploit any vulnerability of the API or servers, inject any unauthorised or malicious scripts, codes, commands, queries or requests, or introduce any Unauthorised Code through the API;
(c) use any information obtained through the API to defame, abuse, harass, stalk, or threaten others;
(d) interfere with or disrupt the API or the servers or networks providing the API;
(e) reverse engineer or attempt to extract the source code from the API or any related software; and
3.4. You agree to Use the API in accordance with all MOF specifications, including all security requirements, data requirements, interfacing requirements and procedures, made available to you upon your grant of Use of the API, published on the Site, or notified to you by MOF, from time to time.
3.6. MOF has the sole discretion to limit your Use of the API. You shall not circumvent any limit imposed by MOF.
(a) any personal data which you may obtain, whether inadvertently or otherwise, through your Use of the API; and
(b) any intellectual property found in content accessible through the API which shall remain the property of MOF.
3.9. MOF shall have the right to modify or upgrade the API or method of Use of the API at any time.
3.10. If you are aware of any unauthorised Use of your Client Secret Key and/or Digital Signature Key, you must notify MOF immediately. Despite the foregoing, or anything to the contrary, you are fully responsible for all activities resulting from the usage of your Client Secret Key and/or Digital Signature Key.
4.1. The API is provided on an “as is” and “as available” basis. MOF makes no representation or warranty about the API, including any representation or warranty as to the accuracy, completeness, reliability, service levels, continued availability, timeliness, non-infringement, title, quality or fitness for any particular purpose of the API to the fullest extent permitted by the law.
4.2. To the extent permitted by law, MOF shall not be liable to you or any third party, whether in contract, tort (including negligence), restitution, breach of statutory duty or otherwise, for damage or loss of any kind arising directly or indirectly from your or any third party’s Use of, or inability to Use, the API.
4.3. You acknowledge and agree that, despite your Use of the API, all Transactions are personal contracts between the Officer and you, or between the Officer and the Sellers.
4.4. To the extent permitted by law, MOF shall not be liable to or for, the Officer, you, the Sellers or any third party, whether in contract, tort (including negligence), restitution, breach of statutory duty or otherwise, for damage or loss of any kind arising directly or indirectly from any Transactions.
4.5. This Clause 4 shall be deemed to be incorporated into the relevant terms and conditions governing the Transactions. For the avoidance of doubt, in the event of any inconsistency between Clause 4 and any term and condition governing the Transactions, Clause 4 shall prevail to the extent of the inconsistency.
5. THIRD PARTY TERMS
5.1. The API may require, enable, provide, or facilitate access to or use of websites, software or services of a third party (“Third Party”). In such an event, there may be terms governing the use of such Third Party websites, software or services (the “Third Party Terms”) that will bind either MOF or you or both. You agree to be bound by with such Third party Terms which are applicable to you.
6.1. You shall bear all costs and expenses associated with your Use of the API.
7.1. Except to the extent caused by MOF’s own fraud, gross negligence or wilful misconduct, you shall indemnify and hold MOF harmless against all damages, losses, costs (including legal costs), expenses and liabilities arising directly or indirectly from:
(a) any claim made by a third party in connection with any Transaction;
(b) any claim made by a third party in connection with your Use of the API; and
(c) any system downtime or failure, and/or any lost or damaged data or software, arising from or in connection with your Use of the API.
8. CONTENT AND DATA
8.1. You may be required to upload, share, submit, post, display or transmit certain content and data during your Use of the API (“Your Content”). You acknowledge and agree that you shall continue to retain full ownership and control over Your Content and that MOF does not claim any ownership over any of the same. You hereby grant MOF, all Public Agencies, and any relevant Third Party a perpetual, irrevocable, non-exclusive right to handle and deal with Your Content for the purposes of providing you with the Use of the API, and any purposes directly incidental or related to the same. This includes storing or making backups of Your Content on databases or servers owned, operated or managed by us, a relevant Third Party and/or third party service providers engaged by MOF or a relevant Third Party.
9. INTELLECTUAL PROPERTY
9.1. The API and the source and object codes, the format, directories, queries, algorithms, structure and organisation of the API, are proprietary to MOF or its licensors, and all intellectual property rights associated therewith, whether registered or not, are protected by law and owned by or licensed to MOF.
10.1. MOF’s communications to you and the API may contain Confidential Information.
10.2. Confidential Information excludes information falling within any one or more of the following:
(a) Information which at the time of disclosure is in the public domain;
(c) Information which was in your possession at the time of disclosure to you by MOF;
(d) Information which you independently acquired or developed; and
(e) Information the disclosure of which MOF has given prior written approval.
10.3. You shall treat all information obtained from MOF and/or the API as Confidential Information and safeguard it accordingly, and shall not disclose, circulate, quote, reproduce, use or permit the use of Confidential Information by any other person without the prior written consent of MOF.
10.4. You shall take all necessary measures and precautions to ensure that all Confidential Information obtained from MOF and/or the API under or in connection with your Use of the API:
(a) is given only to the Sellers, your staff, authorised personnel, servants, agents, professional advisors and consultants engaged to perform and/or advise you in connection with your Use of the API, strictly on a need-to-know basis; and
(b) is protected whether in your premises or during transmission of Confidential Information to and/or from MOF.
10.5. Upon the termination and/or expiry of your Use of the API, you shall, at your own cost return to MOF and/or, if so instructed by MOF, destroy and/or securely purge all retained documents containing such Confidential Information so provided by MOF and/or obtained by you under or in connection with your Use of the API (such that the Confidential Information are no longer reasonably retrievable) where you no longer require the use of such documents.
11.1. You and your employees shall give MOF at least 3 working days’ prior written notice before the publication or release of any news item, article, publication, advertisement, prepared speech containing any information or material (“Media Release”) acquired in the course of your Use of the API. The Media Release must not contain any Confidential Information, or place the Government in disrepute.
12. PERSONAL DATA
13. SUSPENSION AND TERMINATION OF API
(a) you are in breach of any applicable law;
(c) you cease to exist as a distinct legal entity or cease to be registered with the Accounting and Corporate Regulatory Authority of Singapore (ACRA); or
(d) you undergo an amalgamation or merger with another entity.
13.4. Despite Clauses 13.2 and 13.3, you may continue to Use the API to the extent necessary to complete any lawful and ongoing Transactions. The Use shall immediately cease upon the completion of, payment and/or refund for any such Transactions (whichever is the later).
14. GOVERNING LAW
16. DISPUTE RESOLUTION
16.1. Subject to Clause 15, any Dispute shall be referred to and finally resolved in the Courts of the Republic of Singapore and you hereby submit to the exclusive jurisdiction of the Courts of the Republic of Singapore.
17. THIRD PARTY RIGHTS
17.2. The Government shall not be liable or held responsible for any act or omission of any Statutory Board.
18. ADDITIONAL TERMS
18.4. Any notice that we intend to give to you may be carried out by posting such notice to your registered address or by sending such notice to you to any contact information you may have provided us (including business address and email address). You are deemed to have received notice of the same upon us posting and/or sending such notice to you.
18.5. Neither Party shall have the authority to make any statement, representation or commitment of any kind, or to take any action which shall be binding or intended to be binding on the other Party.
19.1. In these Terms:
(a) “API” means the middle application programming interface service(s) provided by MOF for the purposes of approving, updating (cancellations and refunds), facilitating invoicing and payment of the Transactions;
(b) “API Client” means any of your software, applications, websites or systems that utilises the APIs, and includes any part thereof;
(c) “Client Secret Key” means the key generated by a Party and shared with the other Party, for the other Party to verify the identity of the Party when communicating through the API, and “Client Secret Keys” means the Client Secret Key generated by you and the Client Secret Key generated by MOF;
(d) “Confidential Information” shall include, but is not limited to the Client Secret Key, Digital Signature keys and any information disclosed, made accessible or provided at any time, whether in writing, orally, visually or electronically or otherwise by MOF to you, as part of your Use of the API;
(e) “Digital Signature Keys” means a pair of cryptographic keys comprising of:
(i) a private key for a Party to digitally sign and encrypt files or records including, payload requests communicated through the API to the other Party; and
(ii) a public key for the other Party to verify the digital signature created by the private key and/or to decrypt the files or records encrypted by the private key;
(f) “Government” means the Government of the Republic of Singapore as a whole including all its ministries, government departments and organs of state.
(g) “MOF” or “us” means the Government as represented by the Ministry of Finance;
(h) “Officer” means any Government officer;
(i) “Parties” means you and us, and “Party” means either you or us;
(j) “Seller” means a seller or vendor on your Platform;
(k) “Site” means the public-facing website at www.quickbuy.gov.sg;
(l) “Statutory Board” means a corporate body established by or under written law from time to time to perform or discharge any public function under the supervisory charge of a Ministry or organ of state.
(m) “Transactions” means the purchases of goods or services on your Platform by an Officer;
(n) “Unauthorised Code” means any malicious or invalid code, virus, Trojan horse, worm, logic bomb, software routine or hardware components designed to permit unauthorised access, to disable, erase, or otherwise harm software, hardware or data, or to perform any such actions;
(o) “upgrades” or “upgrading” means bug fixes, updates, upgrades, enhancements, modifications and new releases or versions of the API; and
(p) “Use” shall have the meaning given in clause 3.2(a).
Appendix 1 – Transactions Requirements
You shall submit invoices for the Transactions (“Invoices”) to the API in compliance with such information, requirements and procedures as may be notified to you by MOF, from time to time. Invoices shall be submitted to the API only after the goods and services being invoiced have been delivered to the Officers.
You shall be notified via the API if the Invoices are approved.
Invoices shall be due and payable within 14 days from the date of successful reconciliation.
MOF reserves the right to suspend or terminate the Use of the API for any Transaction that does not comply with any term in this Appendix 1.
The payment terms set out in paragraph 3 of this Appendix 1 shall be deemed to be incorporated into the terms and conditions governing the Transactions. For the avoidance of doubt, in the event of any inconsistency between the terms set out in paragraph 3 of this Appendix 1 and any term and condition governing the Transactions, the terms set out in paragraph 3 of this Appendix 1 shall prevail to the extent of the inconsistency.
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