Terms And Conditions

TERMS AND CONDITIONS

1. In this document:
a. “SAC” refers to Singapore Accountancy Commission and includes its officers,
directors, agents, volunteers and employees.
b. “CPA Australia” refers to CPA Australia and includes its officers, directors, agents, volunteers and employees
c. “PBAS” refers to Pro Bono Accountancy Singapore information and/or functions associated with it, whether in whole or in part. It is a joint initiative by SAC and CPA Australia.
d. “User” refers to applicant and/or any third party using PBAS website.
e. “VWO” refers to Volunteer Welfare Organisation which is any of Singapore-registered charities and Institutions of a Public Character (IPCs), societies, volunteer interest groups, public companies limited by guarantee, social enterprises and community event companies that are non-political and secular in their operations.
f. “PBA” refers to Pro Bono Accountant who is an individual volunteer not representing any organisation whom the volunteers are employed with. PBA is representing in their individual capacity.

RIGHTS OF ACCESS

2. PBAS reserve the right at its sole discretion to deny or restrict access to Pro Bono Accountancy Singapore website to any party at any time.
3. PBAS reserve the right at its sole discretion to modify, suspend or discontinue, temporarily or permanently, PBAS website, at any time. Such right may be exercised without prior notice for reasons that may or may not be beyond the control of PBAS, including but not limited to internet, email, network, computer hardware and/or software malfunction, failure, damage or delay.
4. User agrees not to decompile, reverse engineer, modify, compile, and/or commercially exploit PBAS, and/or in any way whatsoever allow any third party access to PBAS for any unlawful or unauthorized purpose.

USE OF CONTENTS

5. The contents of this site are intended for your personal, non-commercial use. Except as expressly provided by these Terms and Conditions, you may not reproduce, modify, publish, transmit, create new works from, distribute, perform or display, or in any way exploit, the contents of this Site in whole or in part. You may copy, print or download the contents of this Site for personal use, provided that you maintain all copyright and other notices contained herein. Use of any part of the contents of this Site for any reason other than personal use is expressly prohibited without prior permission from PBAS. Permission may be sought in writing, addressed to: (i) Singapore Accountancy Commission, 10 Anson Road #05-18 International Plaza, Singapore 079903, (ii) CPA Australia – Singapore, 1 Raffles Place, #31-01 One Raffles Place, Singapore 048616

LINKS FROM / TO THIS SITE

6. This Site contains links to third-party Web sites which are not maintained by PBAS. PBAS is not responsible for the content, accuracy or opinions expressed in these third-party Web sites, and these Web sites are not investigated or monitored by PBAS. These links are provided only as a convenience. The inclusion of a link to a third-party Web site on this Site does not and should not be interpreted to imply PBAS approval or endorsement of the linked Web site. Should you decide to leave this Site to access a third-party Web site, you do so at your own risk.
7. Except as stated below, caching and links to, and the framing of this Site or any of its contents are strictly prohibited. PBAS reserves the right to impose conditions when permitting any hyperlinking to, or framing of this Site or any of its contents.
8. By linking to or framing this Site or any of its contents, you are indicating acceptance of the Terms of Use. This is deemed to be the case even after the posting of any changes or modifications to the Terms of Use. If you do not accept the Terms of Use, you must immediately discontinue linking to or framing this Site or any of its contents.
9. PBAS reserves the right to disable any links to or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
10. PBAS reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from this Website or any of the Contents.

DUTY TO VWO, PBA AND SAC

11. Approval to use the PBAS website, if given, will be on the basis of the information given or purported to be given in the application form by the user named in the form (“applicant”) and any other information subsequently given or purported to be given relating to the use of PBAS.
12. The applicant will:
a. Keep confidential information relating to access to PBAS, including but not limited to username and password;
b. Be solely responsible for any and all use of the PBAS account under applicant’s user name and/or password and not transfer or allow any other party to use the account. Without prejudice to the generality of the foregoing, applicant will notify PBAS immediately if unauthorized use of password and/or account is suspected, and will be responsible for and not dispute any unauthorized action;
c. Ensure that computer and other equipment used to access PBAS are well maintained and free from computer viruses and programs of any kind which may cause harm or damage, including but not limited to use of updated anti-virus programs to prevent such equipment from acquiring and transmitting such viruses or programs;
d. Be responsible for true and updated information about the applicant, VWO programmes, and other information material to volunteers accessing PBAS. Without prejudice to the generality of the foregoing, applicant shall inform PBAS immediately in writing if there are changes to the former’s constitution;
13. PBAS shall release information sought by the authorities. PBAS may, at its sole discretion, release information about use and performance of PBAS website to third parties including the media where it deems appropriate.
14. Applicant agrees PBAS have the right to make adjustments to the applicant’s profile details if there is any error or omission therein. Applicant agrees that if applicant does not object in writing to the amendments of the contents within 14 calendar days of the statement, applicant shall be deemed to have accepted the accuracy of amendments.
15. Where Personal Data about a user is known to the VWO or PBAS, as provided under the Personal Data Protection Act 2012 (No. 26 of 2013), the VWO or PBAS, shall provide privacy protection of such Personal Data at least according to the standard as required by the Act.
a. Be responsible for protecting the confidentiality of personal data that were submitted/collected and encrypt all personal data so that it cannot be recognised when data transits across platforms.
b. Not to disclose the personal data provided by PBAS to other third parties or make use of it outside the purpose which PBAS had entrusted the VWO.
c. To secure stored data and have in place procedures to protect personal data from
unauthorised access, use or disclosure.
d. To cease the possession of documents containing personal data provided by PBAS, or remove the means by which the personal data can be associated or accessed with the individual who is entrusted immediately when their working relationship with the VWO is terminated.
e. Be obligated to destroy or handover personal data collected for the purpose of the activities of the respective VWO after the activities.
f. For the purpose of updating of attendance and coordinating volunteers for activities, it is the VWO responsibility to safeguard the personal data to prevent any form of duplication or misuse.

DISCLAIMER

16. PBAS website is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, statutory or otherwise.
17. To the fullest extent permitted by law, PBAS do not warrant and disclaims any and all other warranties, whether express or implied, including but not limited to:
a. The accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of PBAS or part thereof, including hyperlinks to or services from other parties; and/or
b. That PBAS will be uninterrupted or error-free, or that defects will be corrected or that it is and will be free of all viruses and/or other harmful elements.

LIABILITY

18. PBAS shall not be liable in any event to any user for failure of any service or any damage (including but not limited to special, consequential, or exemplary damages) or loss of any kind in connection with the use of PBAS website, including but not limited to any damage or loss suffered (including any failure to recruit any volunteers via PBAS) in connection with access to, use of, denial of access or restricted access to, modification, suspension and/or discontinuation of PBAS website.
19. Without prejudice to the generality of the foregoing, PBAS shall not be liable for any defect, default, deficiency or malfunction in any device, computer, internet service provider or telecommunication system or network, viruses or other malicious software or denial of service attacks that may affect the use of PBAS website.
20. User agrees that use of PBAS website is conditioned upon user’s waiver of any right to sue SAC, CPA Australia and/or PBAS for damages or losses related to the use of PBAS website.

INDEMNITY

21. User agrees to indemnify and to keep fully and effectively indemnified, defend and hold harmless SAC and CPA Australia from any and all loss, damage, cost or expense including legal fees in connection with Pro Bono Accountancy howsoever caused, including but not limited to:
a. Violation of any law or regulation relating to governance, fundraising, intellectual property rights,
b. Breach of any term or condition in this Agreement, and/or
c. Any third-party claim (including any claim from donor), action or allegations of infringement, misrepresentation and fraudulent conduct.

TERMINATION

22. Applicant shall give PBAS 14 calendar days’ notice to be delisted from PBAS website.
23. PBAS reserve the right at its sole discretion to specify and at any time to change the specification of any software and/or hardware that may be required to use PBAS. If applicant does not comply with such specification, PBAS reserve the right at its sole discretion to suspend and/or terminate applicant’s use of PBAS website.
24. Notwithstanding anything to the contrary, PBAS reserve the right, at its sole discretion at any time, with or without cause and/or prior notice, to remove information relating to the applicant, suspend or terminate the applicant’s use of PBAS website. Without prejudice to the generality of the foregoing, PBAS may exercise the right if it, at its sole discretion, deems that the terms and conditions have been breached including, without limitation:
a. VWO use of PBAS website for purposes other than online recruitment for volunteers
b. Use of PBAS website in a manner that may cause harm, offense or nuisance to any other user and/or
c. Non-usage or misuse of PBAS website.
25. Upon the exercise of Clause 24 by PBAS, the user shall immediately cease the use of PBAS Website.
26. PBAS shall have no obligation or liability to the applicant or any other party for any expenses, damages or losses in connection with the exercise of Clause 24.
27. Notwithstanding the termination of this Agreement, the continuance in force of any clause of this Agreement which is expressly or by implication intended to continue on or after such expiry shall not be affected.

GENERAL

28. The user and PBAS shall use their best efforts to negotiate in good faith and settle amicably any dispute that may arise out of or relate to this Agreement or a breach thereof. If any such dispute cannot be settled amicably through ordinary negotiations by appropriate representatives of the user and PBAS, the dispute shall be referred to the Chief Executive Officers of the user and PBAS. Where the dispute is not resolved, decision by PBAS is final and binding on the user.
29. No failure to exercise, nor any delay in exercising, on the part of PBAS, any right under these terms and conditions shall operate as a waiver thereof.
30. The headings in this Agreement are for ease of reference only and shall not be taken into consideration in the construction or interpretation of this Agreement.
31. If any provision of this Agreement is deemed unlawful or unenforceable, such provision shall be severed from this Agreement without prejudice to all other provisions which shall remain enforceable.
32. The construction and interpretation of this Agreement shall be subject to and governed by the laws of Singapore. The user agrees to submit to the exclusive jurisdiction of the courts in Singapore.
33. A person who is not a party to this Agreement shall have no right under the Contracts
(Rights of Third Parties) Act to enforce any of its terms and conditions.
34. PBAS reserve the right, at its sole discretion, to vary the above terms and conditions from time to time. This Agreement may not be varied except in writing by a duly authorized officer or representative of PBAS, by such means as PBAS may deem appropriate.
35. Use and/or continued use of PBAS website constitute agreement by the user to be bound by the terms and conditions, which may change from time to time. If you do not agree to these terms and conditions, please do not use PBAS website.

END
Dated: 24 October 2015