Welcome to the MyWork SG Pte Ltd (“MyWork” or the “Company”) MyWork mobile application (“Application” or “App”). Please read this End User License Agreement and terms of service (“EULA”) carefully before clicking the “Join Now”, “Join MyWork”, “Sign Up”, “Accept”, “Yes”, “Create Profile” or equivalent button (each referred to as an “Acceptance Button”) or downloading or using the MyWork App accompanying this EULA. This EULA governs your use of the Application and App Services (as defined below) provided by the Company on your Apple Inc. device (such as iPhone / iPad) (the “Mobile Device”). By clicking the Acceptance Button or downloading, installing, copying, or otherwise using the Application or App Services (as defined below), you agree to be bound by the terms of this EULA. If you do not agree to be bound by this EULA, you should not use or access this App.
For the avoidance of doubt, you hereby agree and acknowledge that the EULA is concluded between you and the Company only, and not with Apple Inc. (“Apple”), and that the Company and not Apple is solely responsible for the Application and the content thereof in accordance to the terms hereof.
This EULA represents an agreement entered into between you and the Company concerning the use by you of the Application and the App Services. By downloading, using the Application or receiving the App Services, you are declaring that you have read, understood and agree to accept and be bound by and comply with this EULA. The terms of this EULA may be amended or supplemented from time to time by the Company at its sole discretion, by posting revisions or a revised EULA through or on the Application. Your continued use of the Application and/or App Services following the posting of any changes or modifications will constitute your acceptance of such changes, modifications, supplements or of such modified EULA.
2.1 Subject to the terms and conditions of this EULA, the Company hereby grants to you a limited, non-transferable, non-sub licensable, non-assignable, terminable and revocable licence to install and use the Application on a single Apple Mobile Device that you own and/or control and to access and use the App Services on such Mobile Device (the “Licence”). (“App Services” means any of the Internet-based, mobile based, interactive information services, content, or interactive tools that may be provided by the Company at the Company’s sole discretion, and that may be used or accessible by means of the Application.) For the avoidance of doubt, the Application is licensed, not sold, to you by the Company pursuant and subject to the terms of this EULA and any other applicable terms and conditions imposed by Apple or its related corporations or associated companies. The Company reserves all rights not expressly granted to you herein.
2.2 Your use of the Application and App Services with any Apple Mobile Device, is also subject to the Usage Rules established by Apple Inc., including those terms set forth in Apple’s App Store Terms and Conditions, which you undertake to comply with.
The App Services and the Application are offered to you in the English language.
4.1 This App is only available to you if you are at least 16 years of age and are a Singaporean Citizen or Permanent Resident. By opening an account and/or using the App, you represent that you are at least 16 years of age, you are a Singaporean Citizen or Permanent Resident and you will not require any work pass to commence employment in Singapore.
4.2 Prior to using the App, you are required to set up an account through the App or such other means as may be offered by the Company from time to time. You acknowledge and agree that you are responsible for maintaining the confidentiality, safekeeping and security of your account information, and you shall notify the Company immediately of any unauthorised use of your account information.
4.3 Without prejudice to the foregoing, you shall be solely liable and responsible for any activity conducted using your account information, unless you have notified the Company in writing of the closure or misuse of your account and the Company has received such notification.
5.1 You acknowledge and agree that you are responsible for any and all information and content that you upload on the App, and you hereby grant to the Company a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our App Services, without any further notice and / or compensation to you or others.
5.3 In using the App, you acknowledge and agree that:
5.4 You acknowledge and agree to the suspension of the Application or the Application Services by the Company for a period of one (1) month in the event of the following:
5.4.1 if you fail to show up for a job obtained via the Application or the Application Services; or
5.4.2 if you are unable to or fail to fulfill two jobs obtained via the Application or the Application Services, and you fail to cancel the said jobs more than twenty-four (24) hours before the commencement time of each of the jobs.
5.5 You acknowledge and agree to the termination of the Application or the Application Services by the Company:
5.5.1 if you fail to show up for two or more jobs obtained via the Application or the Application Services,
5.6 You acknowledge and agree that any data that you submit through the Application or in using the Application Services may be stored by the Company and/or its service providers in Singapore or outside of Singapore.
You acknowledge that the Company is merely a provider of the Application and that your relationship with the Company is merely that of a user of the Application as enshrined in this EULA. Under no circumstances would your use of the Application or your receipt of the App Services through the use of the Application (including where the Company is making payment of monies to you constituting salaries due to you from a third party that is your employer) constitute the Company as your employer.
Without prejudice to clause 13.3, you acknowledge and agree that you shall only post content and information that is accurate, complete, non-offensive and that does not violate the provisions of clause 5.3 above.
8.1 You should be aware that your network provider may charge you both for access to its connection services and for the duration of your mobile phone’s connection while accessing the App Services and/or using the Application (these charges may include without limitation GPRS or Circuit Switch Data charges). You are solely responsible for these costs and the costs of any other third party associated with your receiving the App Services and/or using the Application.
8.2 The Company reserves its right to impose charges for your use of the Application and/or App Services. Notwithstanding that the Application had previously been offered free to you for download and use, the Company has absolute discretion to impose charges for your continued use of the Application and/or App Services. Without prejudice to any other right of the Company herein, the Company has the right to immediately withdraw and terminate the Licence (including the App Services) should you fail to pay such charges.
Your subscription to the App Services commences on the date you are able to receive the App Services, provided always that the Company reserves the right to determine the start date of the App Services, and the Company may refuse to provide the App Services or refuse commencement of the App Services, without having to assign any reason for such refusal and without being liable to you for any compensation whatsoever.
You may uninstall the Application at anytime if you desire to stop receiving the App Services or use of the Application.
You acknowledge that the Company or third parties own all rights, title and interest in and to the Application and technology comprised in the App Services, including without limitation software and portions thereof and all Intellectual Property Rights, and you shall not do or permit any act which is directly or indirectly likely to prejudice the rights, title or interest of the said rightful owner(s) in and to any of the aforesaid. “Intellectual Property Rights” means any and all rights existing from time to time (both current and future) under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, or capable of protection in any relevant country in the world. Unless otherwise expressly permitted by mandatory applicable law, you agree not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Application. You shall not rent, lease, lend, sell, redistribute or sub-license, the Application. Without prejudice to the generality of the foregoing, you shall not use in any way and shall not reproduce any trademarks that is associated with the Application or App Service or that you have sight of when using the App Services, without the prior written consent of the Company.
You also agree to not remove, obscure, or alter the Company’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
13.1 You acknowledge and agree that the Application and the App Services are provided on an “as is” basis, and the Company disclaims all warranties and makes no warranty of any kind, whether express or implied (statutory or otherwise), including but not limited to warranties on the merchantability, sufficiency, quality and fitness for a particular purpose of the Application and/or the App Services. The Company further makes no warranty that the Application and App Services do not infringe the rights (including Intellectual Property Rights) of any party. You wholly assume all risks in your use of the Application and receipt/use of the App Services. Without limiting the generality of the foregoing, the Company does not warrant and excludes all liability in respect of :
13.2 The Company, and any third parties who make their software available in conjunction with or through the Application disclaim any warranties regarding security, reliability, timeliness, and performance of the Application and such third party software. You further understand and agree that you download and/or use the Application and all third party software made available in conjunction with or through the Application at your own discretion and risk and that you will be solely responsible for any loss or damages to your mobile device system or computer or loss of data that results from the download or use of the Application and/or all third party software.
13.3 The Company makes no guarantee, representation or warranty whatsoever that :
13.4 You acknowledge that the use of the App Services presents the possibility of human and machine errors, inaccuracies, omissions, delays, and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by you, and you agree and undertake that you shall not hold the Company liable in any way whatsoever for the said loss or damage.
13.5 The Company assumes no responsibility for the activities or conduct of other users of the Application.
13.6 To the extent permitted by law, you agree that the Company shall not be liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the App Services or the Application, whether during or after the termination of the Licence. For the purposes of this clause, indirect or consequential loss or damage includes, without limitation, loss of existing or anticipated revenue or profits, anticipated savings or business, loss of data or goodwill, business interruption, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
13.7 Where the Company’s liability is not expressly excluded under this EULA or under any applicable law, the Company’s liability to you in contract, tort (including negligence) or otherwise whosoever and whatever the cause thereof, arising by reason of or in connection with this EULA, the Application and/or the App Services, shall be limited to the fees paid by you to MyWork for the use of the App.
13.8 Notwithstanding anything that may be to the contrary, no action may be brought by you against the Company, under this EULA or related to the App Services or the Application, more than one (1) year after the cause of action arose. For the avoidance of doubt, this limitation shall not apply to claims by the Company against you.
13.9 The Company retains absolute discretion in determining whether or not to provide maintenance and support services for the Application, and if so, the type of maintenance and support services. Subject to the aforesaid, the Company and not Apple is responsible for providing maintenance and support services, if any, for the Application. You acknowledge that Apple has no obligation to you to provide you with any maintenance or support services for the Application.
13.10 Nothing in the contents of the Application shall be considered an endorsement, representation or warranty of or by the Company with respect to any third party or any third party’s content, products, services or otherwise. Without limiting the generality of the foregoing, the foregoing applies to any paid advertising content, as well as links that may be provided in the Application to third party websites or applications. Such links (if any) are provided solely as a convenience to you. You use such links to access third party content, websites or applications at your own risk. The Company makes no representations or guarantees regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such third party content, websites or applications in respect of which links have been provided in the Application, nor with regard to broken links.
13.11 Your dealings with any advertisers in the Application are solely between you and such advertisers. You agree that we will not be responsible for any loss, damage, costs or expenses that you may suffer or incur as a result of as a result of any such dealings or otherwise arising from the presence of such advertisers in the Application.
13.12 You acknowledge and agree that the Application is only a platform for the purposes of the matching workers and businesses, and MyWork is not involved in the actual transaction between the worker and the business. You therefore agree that we will not be responsible for any loss, damage, costs or expenses that you may suffer or incur as a result of as a result of any such dealings or otherwise arising from the relationship between the business and the worker, including but not limited to payment of salary, provision of benefits traditionally associated with an employment relationship and all other terms of conditions contained in any employment legislation.
14.1 Subject to clause 13, in the event of any failure of the Application to conform to any applicable warranty, if any, you may notify Apple, and Apple may refund the purchase price, if any, for the Application; and you acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
14.2 You acknowledge that, subject to clause 13, the Company, not Apple, is responsible for addressing any claims you or any third party may have relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims;(ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
14.3 Subject to clause 13, in the event of any third party claim that the Application or your possession or use of the Application infringes any third party’s intellectual property rights, the Company, not Apple, will be responsible (if at all) for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
15.1 The Company may amend all or part of the App Services including the contents therein at any time.
15.2 The Company has the right to and you acknowledge that the Company can withdraw any information, data or content forming a part of the App Services, or immediately suspend, withdraw or terminate the Licence (including the App Services entirely) and/or terminate this EULA, at any time, without liability and without notice to you, for any or no reason whatsoever. You shall not hold the Company liable in any way whatsoever for any of the aforesaid. Without limiting the generality of the foregoing, in the event that any information provided by you is inaccurate, in breach of any laws or contains indecent elements, the Company has the right to instantly terminate your account and membership without notice and take all such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against such user.
You understand and acknowledge that the transmission of information through telecommunications channels is unpredictable in nature and depends on, amongst other issues inter alia, (i) third party telecommunications operators, and (ii) the proper maintenance of your receiving equipment. The Company gives no guarantee of the continued availability and quality of reception of the App Services and/or the Application.
The App Services may be interrupted, in whole or in part, in a case of force majeure (being events outside the control of either you or the Company) or during periods of maintenance or for any other reason whatsoever. Without prejudice to clause 13, the Company and its related corporations cannot be held liable for any loss or damages caused directly or indirectly by the interruption of all or part of the App Services in the case of force majeure or for any other reason, nor loss of profits, contracts, reputation, nor for any consequential loss of any kind. For the avoidance of doubt, the Company does not exclude its liability for death or personal injury caused from its negligence.
18.1 The rights to use the App Services and the Application are personal to you, and you may not transfer or assign to a third party any of your rights and obligations as defined in this EULA or any other document constituting this agreement.
18.2 You agree to indemnify, defend and hold the Company, its related corporations, including their respective successors, assigns, employees, officers, harmless from and against all claims, demands, actions, losses, damages, costs and expenses (including legal fees), arising out of and in connection with your breach of this EULA, your use of the Application, your receipt or use of the App Services, and/or your failure to comply with any applicable law or regulation.
This EULA is governed by and shall be construed in accordance with the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Singapore Courts.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties.
The Company and you hereby acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this EULA and that Apple has the right to enforce all of the terms of this EULA against you as a third party beneficiary.
This EULA contains the entire agreement between you and the Company with respect to use of the App, and shall supersede all previous communications (whether written, oral or otherwise), discussions or letters relating to the same.
If any term or provision contained herein shall in whole or in part be held by the competent court to any extent to be illegal or unenforceable under applicable law, that term or provision or part shall to that extent be deemed not to form part of this EULA and the enforceability of the remainder of this EULA shall not be affected.
24.1 You may contact the Company at :
Company name : MyWork SG Pte. Ltd.
Address : 737A North Bridge Road Singapore198705
Email : firstname.lastname@example.org.
24.2 Any notice that the Company intends to give to you may be carried out by sending such notice to you through the Application or to any contact information you may have provided the Company with through the Application or otherwise. You are deemed to have received notice of the same upon the Company sending such notice to you through the Application or to any contact information you may have provided the Company with through the Application or otherwise.
Last Updated: 10 January 2017