Disclaimer

Please read through this Disclaimer carefully. By accessing esr.icpas.org.sg or pe.icpas.org.sg (“the Sites”) or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with Institute of Certified Public Accountants of Singapore (“ICPAS") and to have agreed to be bound by the terms set out below. The Site is owned and operated by ICPAS, and was used by 2 sub divisions namely : Examination and Students Registry ("ESR") and Professional Examination ("PE").

• Intellectual Property Protection
• Use of ESR or PE Content
• Changes to the Site
• Registration, Passwords and Responsibilities
• Privacy Policy
• No Warranty, Disclaimer of Liability and Indemnity
• Force Majeure
• Miscellaneous
• Governing Law and Jurisdiction

These terms were last updated on 16 April 2007.

Intellectual Property Protection
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "ESR and PE Content"), are copyright of ICPAS. You may not use or reproduce or allow anyone to use or reproduce any trademarks (such as "ICPAS or ESR or PE" name and logo or other trade names appearing on the Site) for any reason without written permission from ICPAS. The software, which operates the Site, is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

Use of ESR/PE Content
You may retrieve and display the ESR and PE Content on a computer screen or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content.

Changes to the Site
ICPAS reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the ESR/PE Content available on the Site at any time and to restrict the use and accessibility of the Site.
Registration, Passwords and Responsibilities

Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to the ESR or PE Content and the Site using your user name and sign-on password. You agree to immediately notify ESR or PE if you become aware of any loss or theft of any sign-on password or any unauthorised use of a sign-on password or user name. You will provide ESR or PE with accurate, complete registration information (including in particular your e-mail address) and inform ESR or PE of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, ESR or PE reserves the right to monitor and record activity on the Site, including access to the ESR or PE Content.
Each registration is for a single user only. You may not share your user name and password with any other person. ESR or PE does not permit access through a single name and password being made available to multiple users on a network. ESR or PE may cancel or suspend your access to the Site if you do this without further obligation to you.

Privacy Policy
The information that you provide about yourself and your company to ESR or PE will only be used in accordance with ESR's or PE's Privacy Policy Statement.

No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Site, ICPAS makes no warranty, express or implied, concerning the ESR/PE Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". ICPAS expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will ICPAS, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if ICPAS and its affiliates has been advised of the possibility that such damages may arise. ESR or PE does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are free from viruses or other contaminating or destructive properties.

ESR or PE accepts no responsibility for the content on any site to which a hypertext link from this site exists.
The links are provided "as is" with no warranty, express or implied for the information provided within them.
Upon ICPAS's request, you agree to defend, indemnify and hold harmless ICPAS and its affiliates from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.

Force Majeure
ICPAS and its affiliates will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the ESR or PE Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

Miscellaneous
Changes to these Terms. ESR and PE may, in its discretion, change these Terms (including those relating to your use of Site and/or the ESR and PE Content). When Terms are changed, ESR or PE will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after ESR or PE has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain areas of the ESR or PE Content may be subject to additional terms and conditions.

Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. ESR and PE is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. ESR or PE is not responsible for the availability of these web sites or their contents.

Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by ICPAS and its affiliates.

Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to ICPAS and its affiliates must be given in writing by letter.
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Singapore, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.

Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.

Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.

Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with the Laws of the Republic of Singapore. The parties irrevocably agree that the courts of Singapore shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of Singapore courts. For the exclusive benefit of ICPAS and its affiliates, ICPAS and its affiliates shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

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