The Participant agrees to be bound by the following Terms and Conditions (“Terms
1.1 In these Terms, unless the context otherwise requires, the following definitions shall apply:
(a) “Intellectual Property" or “IP" means patents, copyright, trade marks, service marks, trade names, domain names, logos, get-ups, inventions, registered and unregistered design rights, database rights, and all other intellectual property rights.
(b) “iOwnWSH" refers to the web-based Workplace Safety and Health Ownership assessment tool.
(c) “iWorkHealth" refers to the web-based psychosocial health assessment tool.
(i) “Participant" means any business entity or individual who has registered to use the iOwnWSH tool and has created an account with iWorkHealth, and includes any employee and/or person invited by the business entity or individual to use iOwnWSH.
(d) “Parties" means WSHI and the Participant collectively, and “Party" means either WSHI or the Participant.
(e) “Purpose" means for employers to receive an aggregated report on the overall state of Workplace Safety and Health Ownership in the organisation;
(f) “WSHI" means the Government of the Republic of Singapore, as represented by the Workplace Safety and Health Institute of the Ministry of Manpower.
2.1 WSHI is the owner and provider of the iOwnWSH.
2.2 The Participant's participation in iOwnWSH will not absolve the Participant of any of its duties, obligations and requirements under the Workplace Safety and Health Act (Chapter 354A) and its subsidiary legislation.
2.3 WSHI shall have the right to verify all information provided by the Participant for the purpose of iOwnWSH, and the Participant hereby consents to such verification and shall, if required by WSHI, fully cooperate with WSHI for such verification.
2.4 WSHI and other authorised researchers may use the information provided by the Participant to iOwnWSH for research and analysis and may publish the research results and aggregated data in a form which will not disclose or identify the Participant.3. TERMINATION BY WSHI
3.1 WSHI shall have the right to immediately revoke the Participant's access to iOwnWSH without notice and without assigning a reason. Any decision by WSHI to revoke such access, or to remove or disqualify the Participant from iOwnWSH is final.
3.2 WSHI shall have the right to suspend or terminate iOwnWSH at any time at its absolute discretion without assigning a reason for such suspension or termination and without being liable therefor in compensation or damages. The Participant shall not have any claim whatsoever against WSHI in respect of such suspension or termination.
4.1 WSHI may, at any time, vary or revise the terms, content and criteria of iOwnWSH or these Terms. Any change(s) shall take effect on the date specified in such notice via iWorkHealth's website or other media platform(s). The Participant shall be deemed to have accepted such variations and revisions by the Participant's continued use of the iOwnWSH.
5.1 No delay or omission by WSHI to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any right, power or privilege by WSHI.
5.2 Any waiver by WSHI of a breach or default of any of these Terms by the Participant shall not be construed as a waiver of any succeeding breach of the same or any other provision.6. SEVERABILITY
6.1 In the event that any of these Terms, or part thereof, is held by a court of competent jurisdiction to be unenforceable or invalid for any reason, the enforceability and validity of the remaining Terms shall not be affected and the rights and obligations of the Participant shall be construed and enforced as if this document did not contain the particular term, or part thereof, held to be unenforceable or invalid.7. GOVERNING LAW
7.1 These Terms and all subsequent variations shall be subject to, governed by and interpreted in accordance with the domestic Laws of the Republic of Singapore for every purpose.
8.1 Notwithstanding anything in these Terms, in the event of any dispute, claim, question or disagreement arising out of or relating to these Terms or its subject matter or formation (a “Dispute
"), no Party shall proceed to any form of dispute resolution unless the Parties have made reasonable efforts to resolve the same through mediation in accordance with the mediation procedure of the Singapore Mediation Centre. The Parties shall be deemed to have made reasonable efforts in accordance with this Clause 8.1 if they have gone through at least one mediation session at the Singapore Mediation Centre.
8.2 A Party who receives a written notice for mediation from the other Party shall consent and participate in the mediation process in accordance with Clause 8.
8.3 The mediation session is to commence no later than
ninety (90) days
from the date of the written notice of mediation failing which either Party may proceed to dispute resolution.9. DISPUTE RESOLUTION
9.1 Subject to Clause 8, any Dispute shall be referred to and finally resolved by arbitration in Singapore in the English language by a sole arbitrator in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC
") for the time being in force which rules are deemed to be incorporated by reference into this Clause.
9.2 The seat of the arbitration shall be the Republic of Singapore.
9.3 The arbitrator shall be agreed upon between the Parties, or on failure to agree within thirty (30) days of a written proposal by one Party to the other Party, to be appointed by the SIAC acting in accordance with the SIAC Rules.
9.4 Any resultant arbitration agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore.10. DATA PROTECTION AND SECURITY
10.1 Where applicable, iOwnWSH's Privacy Statement shall apply to any personal data collected under these Terms. iWorkHealth and iOwnWSH's Privacy Statement is published on iWorkHealth's website.
10.2 iOwnWSH, together with all of its data, including all information provided by the Participant when using iOwnWSH, are hosted and stored on the third party servers in Singapore.
10.3 In the event that WSHI transfers the ownership of iOwnWSH tool to a third party, the Participant's information provided to iOwnWSH will be transferred by WSHI to the new owner.11. INTELLECTUAL PROPERTY
11.1 The title to all Intellectual Property (IP) in any results, report, data or information generated or produced by iOwnWSH shall be owned by WSHI. Nothing in this Clause 11 shall give the Participant any right, title or interest in or to any IP in any results, report, data or information generated or produced by WSHI as a result of these Terms.
11.2 This Clause 11 shall survive the termination or expiry of these Terms.12. DISCLAIMER AND INDEMNITY
12.1 WSHI shall not be liable for any and all losses incurred, sustained, paid by or suffered by the Participant arising out of or in connection with:
(a) the access or use of iOwnWSH;
(b) any operation or transmission delay, communication failure, Internet access difficulty or malfunction in equipment or software;
(c) any unauthorised access, use, modification, disclosure or other misuse by the Participant, its directors, officers, employees, servants or agents;
(d) any failure by the Participant to verify the authenticity of the website hosting iOwnWSH, including any survey link invites; and
(e) any act or omission by the Participant in reliance on the information obtained from iOwnWSH.
12.2 The reports generated under iOwnWSH are for informational purposes only and are not intended to relied on in legal proceedings or as a substitute for professional advice.
12.3 The Participant shall not rely on the reports generated under iOwnWSH to lodge any complaint, claim or dispute with WSHI and WSHI has no obligation to mediate, investigate or take any action on such complaints, claims or disputes.
12.4 The Participant shall indemnify and keep indemnified WSHI against any and all losses, damages, expenses and costs (including legal costs on full indemnity basis) sustained, incurred, paid by or suffered by WSHI arising out of or in connection with any act or omission on the part of the Participant, its directors, officers, employees, servants or agents (“Participant Parties") relating to these Terms or the Participant's access or use of iOwnWSH.
13. RIGHTS OF THIRD PARTIES
13.1 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 Term.
14. ENTIRE AND WHOLE AGREEMENT
14.1 The Terms contain the entire and whole agreement between the (i) Participant, and (ii) WSHI, relating to the subject matter of the Terms.