Updated as of 1 June 2023

  1. DEFINITIONS AND INTERPRETATION
    1.  In these Digital Platform Terms and Conditions (these “Conditions”), the following words and terms shall have the following meanings unless the context otherwise requires: “Advertisement” means anything that promotes and/or provides information or news about a product, service, event, business, company, person, idea, concept, job vacancy, contest etc., and includes but is not limited to announcements, notices, text, pictures, graphics, online directory listings, including any enhancements to the listings (referred to as “Directory” in the Advertising Contract), online or mobile sponsored search results (referred to as “SEM” in the Advertising Contract), online or mobile banner advertisements (referred to as “Banner” in the Advertising Contract), electronic direct mailers (referred to as “EDM” in the Advertising Contract) and/or mobile directory listings, WAP sponsored keyword search results, and/or mobile direct mailers, audio broadcasts, audio-visuals, movies and other forms of representations or media containing such promotion, information or news.
      “Advertising Fees” means all fees and charges payable for the Publication of Advertisements or developing, designing and/or hosting of Website, net of withholding tax and all other taxes, charges and levies of a similar nature.
      “Amendment” means any proposed amendment or revision of any Advertisement or Materials submitted to SPH for Publication or developing, designing and/or hosting of Website.
      “Copy Deadline” in relation to any Advertisement or Amendment means the time stipulated in the Copy Deadline Notice current or applicable at the time when that Advertisement or Amendment is submitted to SPH as the time by which a copy of that Advertisement or of that Amendment must be submitted to SPH.
      “Copy Deadline Notice” in relation to any Advertisement or Amendment means the notice of SPH to the Agency and/or Advertiser specifying the time by which a copy thereof must be submitted to SPH for the purpose of Publication or developing, designing and/or hosting of Website.
      “General Terms and Conditions” mean the Advertising Terms and Conditions.
      “Materials” means all designs, artwork, photographs, negatives, diskettes, drawing, chart, graph, audio/audio-visual recording, graphics, user-interface, ‘look-and-feel’, programming code, scripts, CGI applications, PHP scripts and software and other materials and supplies provided for or relating to the Publication of any Advertisement or Amendment or developing, designing and/or hosting of Website.
      “Mobile” means SMSes, MMSes, WAP sites, websites, “apps” or other mobile communications sent through or accessed via mobile phones or other mobile devices.
      “Online” means online websites and other internet technologies owned or operated by SPH.
      “Print” means newspapers, supplements, magazines and printed materials published by SPH.
      “Process” or “Processing” shall have the meaning ascribed to it in the PDPA. “Publication” or “Publish” shall include the display, publication, broadcast and dissemination of Advertisements.
      “Service” means the Publication of any Advertisements and/or Amendments by SPH, and any other service provided by SPH in support of or related to the same, as may be set out or referred to in an Advertising Contract.
      “Specified Rate” means SPH’s rate for the Publication of Advertisements. “Website” means the internet website or micro-site developed, designed and/or hosted by SPH for the Agency and/or Advertiser for the duration specified in the Advertising Contract.
    2. Unless otherwise defined in these Conditions, capitalised terms and expressions used in these Conditions shall have the same meaning as is given to those terms and expressions in the General Terms and Conditions.
    3. Unless the context otherwise requires or permits, references to a singular number or entity shall include references to the plural number or entity and vice versa; and words denoting any gender shall include all genders. The reference to a ‘person’ in these Conditions includes any individual, company, corporation, firm, partnership, joint venture, association, organisation, trust, state or agency of a state (in each case, whether or not having separate legal personality).
    4. The headings to these Conditions are to facilitate reference and shall not affect or influence in any way the construction of any of the Conditions.
    5. These Conditions hereby incorporate by reference the terms of the Advertising Contract, the General Terms and Conditions and any other applicable Platform T&Cs. In the event of any inconsistency among the terms in the Advertising Contract, the General Terms and Conditions, these Conditions and any other applicable Platform T&Cs, then the terms in the Advertising Contract will prevail over the terms in all other such documents; and the terms in these Conditions will prevail over the terms in any other applicable Platform T&Cs and the General Terms and Conditions.
  2. COPY DEADLINES
    1. All Materials or any amendments thereto shall be submitted to SPH by the Copy Deadline relating thereto failing which the date for first Publication of the Advertisement would be postponed correspondingly and SPH shall not be liable to the Agency/ Advertiser(s) for such delay.
    2. SPH shall be entitled to treat all Materials submitted by the Agency/Advertiser as the correct representation of the Advertisement. The Agency/Advertiser shall ensure that all Materials are in compliance with the specifications set out in the SPH rate card, or such other specifications as SPH may determine from time to time.
    3. In the event that any Amendments are not received by SPH by the Copy Deadline, SPH shall be entitled but not obliged to use the Materials previously submitted, if any.
    4.  If at any time (whether before or after first Publication of any Advertisement or Amendment or developing, designing and/or hosting of Website) in the opinion of SPH:
      • the Publication of any Advertisement and/or Amendment or the developing, designing and/or hosting of Website would by reason of any of the contents thereof (including any design, photograph, text or statement therein):
        • infringe the intellectual property or other rights of any person; or
        • constitute a libel of any person; or
        • offend public standards of morality or decency; or
        • offend racial or religious sensitivities; or
        • violate any code, regulation, directive or law in Singapore or any jurisdiction in which the same would be Published; or
        • be contrary to any policies of SPH or contracts entered into between SPH and third parties; or
        • will or is likely to cause SPH or any of its related entities, affiliates and/or subsidiaries to be in breach or potential breach of the PDPA; or
      • any consent or approval required to be obtained for the Publication of any Advertisement/Amendment, the developing, designing and/or hosting of the Website or the use of any Material in any Advertisement/Amendment or Website has not been obtained,
        SPH shall be entitled, at its absolute discretion, to:

        [A] refuse to accept any copy of any Advertisement or Amendment;
        [B] decline to Publish or cease the Publication of that Advertisement/Amendment, or to develop, design and/ or host the Website; or
        [C] require that the Agency/Advertiser makes such revision or modification to the form and/or content of that Advertisement/Amendment or Website by a deadline specified by SPH; or
        [D] edit, revise, re-arrange, amend or modify the form and/ or content of the Advertisement/Amendment or Website on its own accord and in such manner as it considers appropriate before it Publishes the Advertisement/Amendment or develops, designs and hosts the Website, and all costs incurred by SPH in this regard shall be borne by the Agency/Advertiser.
    5. In any case where SPH declines to Publish or ceases to Publish any Advertisement/Amendment and/or to develop, design and/ or host a Website by reason of Condition 2.4(a) or 2.4(b) or the Agency/Advertiser fails to make revision or modification to the form and/or content of that Advertisement/Amendment and/or Website to the satisfaction of SPH within the deadline specified by SPH, SPH shall not be (a) liable to the Agency and/or its Advertiser for any damages and/or loss suffered by the Agency and/or its Advertiser; or (b) required to refund the Agency/Advertiser for any payments already made by the Agency/Advertiser.
    6. In the event that any claim or allegation is made by any person that any Advertisement/Amendment or Website is defamatory of or infringes in any way any right of that person or any other person, SPH shall be entitled to cease or suspend further Publication of such Advertisement/Amendment or developing, designing and/or hosting of Website forthwith and/or SPH shall Publish an apology or retraction in such form and terms as it considers appropriate and/or enter into any compromise or settlement agreement with such person without
      • any further reference or authority from the Agency/Advertiser;
      • further investigation or inquiry into the validity or merits of such claims;
      • incurring any liability to the Agency/Advertiser; and
      • without affecting any of the Agency’s/Advertiser’s representations, warranties obligations to SPH under the Agreement. The Agency/Advertiser shall not in such case make any claim whatsoever against SPH with respect to any such decision to cease or suspend developing/designing/hosting of the Website, Publication, apology, retraction, compromise or settlement, and shall procure that the person whose business, activities, products or services are advertised or promoted by Publication of the Advertisement refrain from making any such claim against SPH.
    7. SPH shall be entitled to revise and amend from time to time the contents of any Copy Deadline Notice by giving notice thereof to the Agency/Advertiser.
    8. Unless otherwise expressly specified in the Advertising Contract, SPH makes no guarantees with respect to usage statistics or levels of impressions, page views, click-throughs or other similar statistics whatsoever (collectively the “Statistics”) for any Advertisement. The Agency/Advertiser acknowledges that the Statistics provided by SPH are the definitive measurements of SPH’s performance on any delivery obligations provided in this Agreement. No other measurements or usage statistics (including those of the Agency/ Advertiser or a third party ad server) shall be accepted by SPH. The Agency/Advertiser further acknowledges that all Statistics provided by SPH are purely estimates and should not be relied on by Agency/ Advertiser. Accordingly, SPH makes no representation or warranty with respect to such Statistics whatsoever or with respect to its accuracy.
    9. SPH shall not be required to provide Agency/Advertiser with any proof of Publication of any Advertisement(s).
    10. In the event that advertisement spaces selected by the Agency/ Advertiser are not immediately available, the Agency/Advertiser agrees that the Publication of the Advertisement shall be deferred until such time as the selected advertisement space becomes available provided always that SPH shall be entitled to set and revise and amend from time to time the Specified Rates with respect to the selected positions as of the date of first Publication of the Advertisement by giving notice thereof to the Agency/Advertiser.
  3. CANCELLATION
    1. No cancellation of Advertising Contract is permitted. In the event that the Agency/Advertiser requests that the Advertisements be withdrawn from Publication, the full Advertising Fees shall nonetheless be payable.
  4. RE-SCHEDULING AND REPOSITIONING
    1. Advertisements may be displayed in random rotation and the Agency/Advertiser agree that advertisement spaces on which the Agency’s/Advertiser’s Advertisements are displayed may display advertisements from other agencies/advertisers by rotation.
    2. Display of Advertisements is subject to space availability. In the event that any selected space is not available, SPH reserves the right to re-schedule the date of first Publication of any Advertisement to the next available date.
    3. The Agency/Advertiser may re-schedule the commencement of any Advertising Contract once provided that: (a) written notice thereof is given to SPH not less than seven (7) Business Days before the original scheduled date; and (b) the re-scheduled date shall not extend beyond forty-five (45) Business Days from the original scheduled date. In the event that the Agency/Advertiser is unable to meet one or both sub-conditions (a) and (b) above, SPH may still accede to Agency/Advertiser’s request subject to such other terms and conditions which SPH may impose on Agency/Advertiser which Agency/Advertiser shall agree to.
    4. Not with standing acceptance of any re-scheduling request by SPH, SPH shall be entitled to postpone or re-schedule the Publication of such Advertisement without affecting the obligation of the Agency/Advertiser to pay for the Publication of the Advertisement and SPH shall not be liable to the Agency/ Advertiser for any liability, damages, losses, costs or expense incurred by the Agency/Advertiser arising from or in connection with such postponement or re-scheduling of the Publication of any Advertisement.
    5. In the event that the Advertisement positions are adjusted or changed whether in terms of size, configuration or otherwise, SPH reserves the right to re-position any Advertisements provided that the value of the position allocated by SPH is equivalent to the Advertising Fees.
  5. EDMS AND MOBILE DIRECT MAILERS
    1. Advertisements which are disseminated by SPH through EDMs or mobile direct mailers will be sent to email addresses or mobile numbers found in SPH’s database, unless otherwise agreed between SPH and the Agency/Advertiser. The Agency/Advertiser agrees that SPH shall be under no obligation to provide Agency/Advertiser with such email addresses or mobile numbers and other details of persons and/or companies which the Advertisements are sent to.
    2. Where Advertisements disseminated by SPH through EDMs or mobile direct mailers are to be sent to email addresses or mobile numbers (“Client Data”) provided by the Agency/Advertiser, the parties agree that:
      • SPH Processes the Client Data as a data intermediary, and will delete or remove the means by which the personal data comprised in the Client Data can be associated with particular individuals as soon as it reasonably considers that:
        • the purpose for which that personal data was collected is no longer being served by retention of the personal data; and
        • retention is no longer necessary for legal and business purposes. Nothing herein shall require SPH to perform any of its obligations in a manner which exceeds the requirements of the PDPA; and
      • all provisions in respect of Personal Data in the General Terms and Conditions shall apply.
  6. WEBSITE
    1. SPH shall own the Website, graphics, user interface, screen designs and the overall ‘look and feel’ and all programming codes contained therein.
    2. SPH shall not be liable for any damages, losses, costs, claims and expenses incurred by the Agency/Advertiser due to virus, malfunction, interruption, unavailability, maintenance, suspension and downtime occurring on the Website or any part of it. SPH shall have the right to suspend the Website or the services thereat at any time and for any reason, with or without notice, but if such suspension lasts or is to last for more than seven (7) days the Agency/Advertiser will be notified of the reason.
    3. SPH shall be entitled to use all information contained in the Website including but not limited to the Agency/Advertiser’s information and content submitted by the Agency/Advertisers for:
      • responding to the Agency/Advertiser’s requests and queries;
      • providing goods and services to the Agency/Advertisers
      • verifying and Processing the Agency/Advertiser’s personal particulars;
      • communicating with the Agency/Advertiser;
      • enforcing SPH’s contractual and legal rights and obligations;
      • marketing research, user profile and statistical analysis;
      • sending the Agency/Advertiser information, promotions, updates and marketing and advertising materials in relation to SPH’s goods and services and those of third party organisations’;
      • complying with law, the requests of law enforcement and regulatory officials, or orders of court; and
      • any other purpose for which SPH has obtained the Agency/Advertiser’s consent.
  7. THIRD PARTY SERVER
    1. In the event that the Agency/Advertiser utilizes a 3rd Party Ad Server to host any Advertisement, the Agency/Advertiser shall ensure the following:
      • that the Advertisement must be available on such 3rd Party Ad Server at least 24 hours before commencement of the advertising campaign and remain on such 3rd Party Ad Server until at least 24 hours after the end of such campaign; and
      • such 3rd Party Ad Server shall reside in data centers located in Singapore unless SPH agrees otherwise in writing.
    2. The Agency/Advertiser shall supply details of the 3rd Party Ad Server to SPH at least 7 working days prior to the commencement of the advertising campaign. The Agency/ Advertiser shall not substitute the 3rd Party Ad Server without SPH’s prior written consent.
    3. SPH and the Agency/Advertiser or 3rd Party Ad Server will track delivery of the Advertisements through their respective ad server. In the event that there are discrepancies in the activity reports and SPH’s measurements are higher than that of the Agency/Advertiser or 3rd Party Server (as the case may be), the Agency/Advertiser shall nevertheless effect payment of the full Advertising Fees based on SPH’s measurements.
    4. No claim in relation to the non-performance or breach of obligations of SPH in connection with any of the Services (including of non-publication or any errors or inaccuracies in the publication), shall be brought against SPH unless written notice of such claim, together with all relevant details as may be required by SPH, has been given to SPH on or prior to the date falling thirty (30) days after the date of first Publication of the Advertisement.

Other Advertising Terms & Conditions: