The Service may require, enable or facilitate access to or use of software or
party software or service (the “Third Party Terms”) that will bind either GovTech or you or both. An
example of Third Party Terms may be open source software terms or standard form terms of the
distribution platform from which you obtain any part of the Service (e.g. Google Play Store or Apple App
Store terms) which bind GovTech as a developer or user of the distribution platform (the “Distribution
Terms”). Information on the Third Party Terms are embedded in the Service, publicly available (e.g the
Distribution Terms) or otherwise listed in the Schedule herein. For the avoidance of doubt, insofar as
this Clause 4 relates to the Distribution Terms, the relevant Distribution Terms are the terms of the
specific platform from which you obtained a copy of the software or application that is part of the
Service. For example, if you obtained the said copy from the Google Play Store, then the relevant terms
are Google’s Distribution Terms.
You are deemed to have notice of the Third Party Terms. In particular, you are
deemed to have notice of any terms that GovTech (under the Third Party Terms) is required to notify you,
and you unconditionally agree to be bound by all the obligations in the Third Party Terms which are
applicable to you as the end user.
If the Third Party Terms require you to enter into an agreement directly with
the Third Party, then you unconditionally agree to enter into such agreement, and in any event, to be
legally bound by the Third Party Terms.
If the Third Party Terms expressly or impliedly require GovTech to incorporate
herein, and/or terms described in Clause 4.5 below), such terms are deemed to have been so incorporated
(the “Incorporated Terms”). Examples of Incorporated Terms include provisions which require GovTech to
give you notice of certain rights and liabilities or require GovTech to ensure that you acknowledge
Some Third Party Terms grant the Third Party, or require GovTech to grant the
Terms, and you hereby agree to grant such Third Party, such direct rights of enforcement against
You agree to indemnify and keep GovTech harmless against all claims, actions,
liabilities, losses, damages, costs or expenses (including legal costs on an indemnity basis) howsoever
arising out of or in connection with your access or use of the aforesaid third party software or
services or your non-compliance with the Third Party Terms or Incorporated Terms which causes GovTech to
breach any of the Third Party Terms.
For the avoidance of doubt, without prejudice to Clause 4.4, to the extent of
provided nothing in the Third Party Terms increases the liability of GovTech beyond that stated in