| 1. |
ACCEPTANCE OF TERMS |
| 1.1
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The services that SGLocate provides to You are subject to the following Terms of Use. By accessing and using any part of this website (“Site”), You shall be deemed to have accepted and agreed to be bound by these Terms of Use. If You do not accept or do not agree to be bound by these Terms of Use, please discontinue Your access to this Site immediately and do not use this Site.
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| 1.2
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SGLocate may, at its absolute discretion, amend these Terms of Use from time to time without prior notice. The amended Terms of Use will be posted on this Site, and upon accessing or using this Site after amended Terms of Use have been posted, You shall be deemed to have accepted and agreed to be bound by the amended Terms of Use.
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| 1.3
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In return for being provided with access to the Service, as a Licensee or one of its Authorised Resellers You agree (and in doing so, You confirm in Your capacity as an individual, that You are an authorised agent for the Licensee) to the following terms and conditions on behalf of the organisation named in the registration which was completed. If the Service is being installed and/or activated by the Authorised Reseller on the Licensee’s behalf, then the Authorised Reseller and the Licensee each confirms that the Licensee has appointed the Authorised Reseller as its agent to confirm acceptance of this Agreement on its behalf, and the Licensee hereby agrees to be bound by this Agreement.
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| 2. |
AUTHORISED RESELLER AS LICENSEE’S AGENT |
| 2.1
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The Licensee agrees that any of the obligations of the Licensee can be exercised by the Authorised Reseller on the Licensee’s behalf, with the Authorised Reseller acting as the Licensee’s agent in this respect.
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| 3. |
MEANINGS AND INTERPRETATIONS |
| 3.1
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References to "Our", "We", "Us" and "SGLocate" shall be references to SGLocate. SGLocate may be accessed on www.SingPost.com and www.SingPost.com.sg respectively.
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| 3.2
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References to "You" and "Your" shall mean references to each Licensee to the Site, as the context requires.
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| 3.3
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References to “Material” means all the material owned by SGLocate which is accessible through the Site, including without limitation, information, text, graphics, images, scripts, software programs, technology, designs, data compilations and frequently asked questions, relating to the use of the Site.
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| 4. |
CONDITIONS OF ACCESS |
| 4.1
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By accessing the materials made available on SGLocate by Singapore Post Limited (hereinafter, “SingPost”, a company with company registration number 199201623M, incorporated under the laws of the Republic of Singapore and having its registered office at 10 Eunos Road 8, Singapore Post Centre Singapore 408600), You acknowledge and accept the statements below and agree to be bound by the conditions stated below. Neither the information, nor any opinion contained in SG Locate constitutes a solicitation. The information and materials - including the conditions in this website - may be modified, deleted or replaced from time to time and at any time at the discretion of SGLocate on SingPost.
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| 4.2
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This site, the service and use of all related facilities are provided on an "As Is, As Available" basis without any warranties whether express or implied. 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 are expressly excluded and disclaimed by SGLocate.
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| 4.3
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SGLocate do not warrant that it will always be accessible uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code. SGLocate is not liable in any manner to You or to any person claiming through You whomsoever, for any losses, damages (direct or indirect), costs, liabilities, expenses, claims or demands resulting from any delays, inaccuracies or errors in the information or in its transmission.
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| 4.4
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The supplied API key is strictly tied to the Licensee and may not publicly be published or shared with third parties.
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| 4.5
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By using SGLocate, You warrant that You have the right, authority and capacity to enter into this agreement and to be bound by these Terms of Use.
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| 4.6
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You may access and use this Site and Material in the manner permitted in these Terms of Use only.
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| 4.7
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We may at any time suspend the operation of this Site or all or any of the functionalities of the Site or the availability of any Material for any period of time without any prior notice and for any reason whatsoever, including but not limited to website updating and upgrading or system maintenance, and We shall not be liable to You for any such suspension.
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| 4.8
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We reserve the right to deny or restrict access to this Site by any person, or to block access from a particular internet address to this Site, at any time without prior notice and without ascribing any reasons whatsoever.
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| 4.9
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This Site and Material may be modified, deleted, edited or withdrawn by Us at Our absolute discretion and at any time without prior notice.
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| 5. |
NON-EXCLUSIVE LICENCE FOR USE OF SITE, SGLocate DATA AND MATERIAL |
| 5.1
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Upon payment for the subscription, SGLocate grants You a non-transferable, non-exclusive, revocable licence to access, view, download, print or otherwise use the Material for Your personal and non-commercial use only, subject to the terms and conditions set out in these Terms of Use.
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| 5.2
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You agree and acknowledge that any use of the Material otherwise than in accordance with these Terms of Use is a violation of the intellectual property rights owned by SingPost.
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| 6. |
USERID, PASSWORD, MEMBERSHIP AND SECURITY |
| 6.1
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When You create an account with us, You guarantee that You are above the age of 18, and that the information You provide Us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of Your account of the Service.
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| 6.2
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You are responsible for maintaining the confidentiality of your account and password at all times and shall ensure that the account and/or password are not revealed or disclosed in any manner whatsoever to any person or persons whomsoever. You should change Your password from time to time to enhance its security. You shall be fully responsible for all use and liability resulting from access to the Service with Your account and password. SGLocate shall not be responsible for unauthorized transactions incurred by You arising from or in connection with the misuse or disclosure of Your account and/or password.
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| 6.3
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You must notify us immediately upon becoming aware of any breach of security or unauthorised use of Your account.
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| 6.4
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SGLocate reserves the right to refuse service or terminate Your account, if any opened with SGLocate, if we learn that You have provided us with false or misleading information (including registration details); or We become aware and determine, at Our sole discretion, that You are violating any of the foregoing conditions of these Terms of Use.
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| 7. |
PURCHASES AND PAYMENT |
| 7.1
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SGLocate can only be purchased online through using a credit card. Payment by credit card shall be billed at time of Purchase (“Purchase”) and confirmed by email.
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| 7.2
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You may be asked to supply certain information relevant to Your Purchase, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
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| 7.3
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You represent and warrant that:
| a)
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You have the legal rights to use any credit card(s) or other payment method(s) in connection with any Purchase; and
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| b)
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the information You supply to us is true, correct and complete.
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| 7.4
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We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting Your information, You grant Us the right to provide the information to these third parties subject to Our Privacy Policy.
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| 7.5
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We reserve the right to refuse or cancel Your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, error in Your order or any other reasons whatsoever.
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| 7.6
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We reserve the right to refuse or cancel Your order if fraud or an unauthorized or illegal transaction is suspected.
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| 8. |
RESTRICTION ON USE |
| 8.1
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You agree that You shall not use the Material:
| a)
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to defame, abuse, bully, insult, humiliate, embarrass, harass, stalk or threaten any person, or to otherwise violate or invade the legal rights of others;
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| b)
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to upload, post, transmit or otherwise make available any inappropriate, defamatory, malicious, discriminatory, indecent, obscene, graphic, sexually explicit, unlawful, offensive or harmful content;
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| c)
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to upload, post, transmit or otherwise make available any content, or use any Material in any manner, that infringes the intellectual property rights or any other rights of any third party;
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| d)
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to upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by law;
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| e)
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to send, upload, post, store, publish, email, transmit or otherwise make available any data pertaining to any individual without that individual’s valid consent, or to collect, use or disclose any data available on the Site in contravention of any applicable laws or regulations relating to Personal Data;
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| f)
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to impersonate another person or entity, or falsify or delete any author attributions or labels of the origin or source of any content;
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| g)
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to promote any unlawful or illegal activities;
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| h)
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to promote information that You know to be deceptive, false or misleading;
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| i)
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to promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
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| j)
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to transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; or
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| k)
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in any manner which infringes the intellectual property rights or any other rights of, SGLocate, or any third party.
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| 9. |
TERMINATION & REFUNDS |
| 9.1
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These Terms of Use shall remain in full force and effect for as long as you are a Licensee of the Site.
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| 9.2
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The subscription is renewed automatically every month.
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| 9.3
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We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under Our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
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| 9.4
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Termination can be requested at any time, and will be effective either immediately or upon the next billing date at the sole discretion of SingPost. Either way, no refund will be given.
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| 9.5
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If You terminate the subscription, You shall be responsible for any and all outstanding fees owed to SGLocate and You agree to pay any and all fees incurred.
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| 9.6
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In the event of termination for any reason whatsoever, You must not attempt to make any use of the Site or Material, and must promptly destroy and/or permanently erase all copies of the Material in Your possession, custody or control within 14 days after the date of termination in this agreement.
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| 9.7
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SGLocate is not error-free and the existence of any errors, interruption to the Service for reasonable periods for maintenance or causes beyond Our control is not sufficient grounds for refunds. For the avoidance of doubt, We will not provide refunds under any circumstances whatsoever.
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| 10. |
LINKS TO OTHER WEBSITES |
| 10.1
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We do not represent or intend for such links to be referrals or endorsements of the sites or the entities operating such sites and We take no responsibility for any dealings with such entities, whether or not such dealings are related to the services. You understand and acknowledge that any access to such sites is at Your own risk and 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.
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| 10.2
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You must not establish a link:
| a)
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from any website which is not owned by You;
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| b)
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to any part of this Site other than the home page;
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| c)
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to frame this Site or any part of the Material on any other website.
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| 11. |
LIMITATION OF LIABILITY |
| 11.1
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SGLocate shall not be liable to You or any third party for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use this website, including but not limited to, damages for loss of profits, use, data or other intangible, arising directly or indirectly from:
| a)
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Your access to or use in any manner of the Material or this Site;
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| b)
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the conduct, activity or views of any other User on or through the Site, or the access to or use in any manner of the Site or any Material by any other User;
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| c)
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SGLocate taking down, removing, deleting, modifying, editing, replacing or otherwise making unavailable any Material, whether temporarily or permanently, and for any reason whatsoever;
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| d)
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any loss of access to or use of the Material or this Site, howsoever caused;
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| e)
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any defect, inaccuracy or incompleteness in, or errors or omissions in the transmission of, the Material;
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| f)
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any delay or interruption in or any failure of any functionality offered on this Site, or any delay, interruption or failure in the transmission of the Material on this Site, whether caused by delay or interruption in transmission over the internet or otherwise;
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| g)
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any permanent or temporary cessation of this Site; or
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| h)
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any decision made or action taken by You or any third party in reliance upon the Material, regardless whether You have been advised of the possibility of such damage or loss or not.
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| 12. |
INTELLECTUAL PROPERTY RIGHTS |
| 12.1
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The SGLocate data and Material on this Site are protected by copyright, trademarks and other forms of intellectual property rights. All title to and rights and interest in the SGLocate data and Material shall remain vested in SGLocate and (where relevant) SGLocate’s third party licensors.
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| 12.2
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Nothing in these Terms of Use shall affect the ownership of intellectual property rights (if any) subsisting in the User Material.
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| 13. |
INDEMNIFICATIONS |
| 13.1
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You agree to indemnify and hold SGLocate, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of this website, violation of any of these Terms of Use, or infringement by You or any other user of Your account, of any intellectual property or other right of any person or entity.
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| 14. |
APPLICABLE LAW |
| 14.1
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The agreement formed between SGLocate and You shall be deemed to be a contract made in Singapore and shall be subject to, governed by and interpreted in accordance with the Laws of the Republic of Singapore for every purpose and the parties agree to submit to the jurisdiction of the Singapore courts.
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| 15. |
ENTIRE AGREEMENT |
| 15.1
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You shall be bound by and shall fully observe and comply with all the SingPost General Terms & Conditions as well as such other terms and conditions as may be agreed between SingPost and You. The rights and protections conferred on SingPost under these SGLocate Terms of Use shall be additional to the rights and protections conferred on SingPost under the SingPost General Terms & Conditions and any other terms and conditions as may be agreed between SingPost and You. In the event that any of these SGLocate Terms of Use are inconsistent with the SingPost General Terms & Conditions, these SGLocate Terms of Use set out herein shall prevail.
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