Website Legal Terms
Website User Agreement
Effective Date: 2nd January 2016
Version Number: 1.0
1.2 Our Platforms [collectively ‘Platforms’] are devised to provide a variety of job, project and task related services [collectively ‘Services’]. Currently, the following Platforms are available:
A. The Job Platform
For Candidates (with Premium Access),
B. The Projects Platform
For Candidates (with Premium Access),
C. The Task Platform
For Candidates (with Free & Premium Access),
To use our Platforms and our Services, Candidates and Employers have to register an account with us.
1.3 If You, the User seek to enter into any forms of communications with the Employers or Candidates on the Platforms, you hereby agree that Your use of Our Platforms and its Services is, in addition to Our Website Legal Terms, subject to your acceptance of the Candidate Agreement [Click here] or the Employer Agreement [Click here] as is defined in the applicable agreement that you enter into.
1.4 We may revise, change, supplement or amend [collectively ‘revise’ or variants thereof] Our Website Legal Terms, Our Candidate Agreement and Our Employer Agreement as they relate to Your use of Our Platforms and of Our Services from time to time. Any and all such revisions are done by us by posting the revised documents on Our Websites. You hereby agree that all such revisions shall apply to Your use of Our Platforms and its Services from the date that such revision takes effect.
2. Status of the User
If you are under the age of Sixteen , you may use our Platforms and its Services only with the express approval of a parent or guardian. You may not use them if you do not have the legal capacity to enter into a contract in accordance with the applicable laws of Singapore [or pursuant to the laws of your legal residence].
3.1 JOBQUEST 365PROVIDES OUR WEBSITES, OUR PLATFORMS, SERVICES, SOFTWARE AND TECHNOLOGIES, ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGES, OR TRADE PRACTICES, ALL OF WHICH WARRANTIES ARE EXPRESSLY EXCLUDED. JOBQUEST 365EXPRESSLY DOES NOT WARRANT THAT OUR WEBSITES, OUR PLATFORMS, OUR SERVICES, OUR SOFTWARE, OR OUR TECHNOLOGIES,SHALL BE ERROR-FREE OR UNINTERRUPTED, AND WE MAKE NO REPRESENTATIONS OR UNDERTAKINGS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY, AND RELIABILITY OF OUR WEBSITES, OUR PLATFORMS, OUR SERVICES, OUR SOFTWARE ANDOUR TECHNOLOGIES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND EXCLUSIONS HEREINABOVE SPECIFIED ARE FAIR AND REASONABLE.
3.2 IN NO EVENT SHALL JOBQUEST 365, BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR EXPENSE SUFFERED BY YOU, WHICH, WITHOUT LIMITATION, SHALL INCLUDE LOSS OF PROFITS, LOSS OF USE, ECONOMIC LOSS, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF OUR WEBSITES, OUR PLATFORMS, OUR SERVICES, SOFTWARE OR TECHNOLOGIES, OR WHICH HAS ANY RELATION TO THIS AGREEMENT (AND NO MATTER HOW ARISING], AND, SUCH SHALL EXPRESSLY INCLUDE, LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF NEGLIGENCE ON OUR PART. JOBQUEST 365'S, CUMULATIVE LIABILITY TO YOU, IF ANY, AND THE LIABILITY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS TO YOU, IF ANY, OR TO ANY THIRD PARTIES, CLAIMING THROUGH YOU, IF ANY, IN ANY CIRCUMSTANCES, IS HEREBY AGREED TO BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF MONIES THAT IS PAID TO JOBQUEST 365BY YOU FOR THE TRANSACTION WHICH IS THE BASIS OF YOUR CLAIM, OR (B) THE SUM OF ONE HUNDRED SINGAPORE DOLLARS (SGD 100).
3.3 It is hereby agreed that the disclaimers and liability exclusions and limitations set forth herein in this agreement shall survive the termination of this agreement for whatever reasons indefinitely.
4. Hold Harmless and Indemnification
4.1 You hereby agree to hold us harmless and to indemnify JobQuest 365, Our affiliates, partners, service providers, licensors, and their officers, directors, employees, contractors, licensors and agents from any and all loss, damage, costs, liabilities or expenses (including, without limitation, reasonable attorneys' and expert witnesses' fees) incurred or arising from Your misuse of Our Websites, of Our Platforms, or of Our Services, in any manner whatsoever, which is in breach of the applicable laws of Singapore [of the laws of the place or country where you reside or access your computer], of the terms of this agreement, or otherwise howsoever, as a result of Your infringement of any copyright, trademark, intellectual property, or any other rights[including confidential information, trade secrets and patent rights],in relation to any materials You post or use on Our Websites; or any obscene defamatory or libelous materials posted by You on Our Websites.
4.2 It is hereby agreed that the indemnity undertaking set forth herein in this agreement shall survive the termination of this agreement for whatever reasons indefinitely.
5. Jurisdiction and Legal Disputes
5.1 Our relationship with You [whether as Employer or Candidate], and all related matters in connection therewith are governed solely and exclusively by the laws of Singapore.
5.2 Any or all claims or disputes [not matter of what scope or nature] that may arise between You and JobQuest 365, connected with or relating to Your use of Our JobQuest 365 Websites, Our Platforms, or of Our Services (collectively "Disputes"), shall be amicably settled between the relevant parties. If such Dispute cannot be resolved amicably between the parties, then the Dispute shall be resolved either by process filed with the Small Claims Tribunal of Singapore [if falling within its jurisdiction] or by mediation-arbitration in accordance with the Singapore Mediation Centre and Singapore International Arbitration Centre SMC-SIAC Med-Arb Procedure Rules as is then in force.
6.1 You or JobQuest 365 may terminate this Agreement at any time with immediate effect and without any prior notice. JobQuest 365may at any time, and in its sole discretion, immediately suspend or terminate (in whole or in part) Your permission to use Our Websites, or our Platforms or Our Services, without any notice or liability to You, or to any other person.
6.2 If this agreement, or Your permission to use Our Websites, Our Platforms or Our Services, is terminated by You, or JobQuest 365, for any reasons whatsoever, this agreement shall, nevertheless, continue to apply and be binding upon You in respect of Your prior use of Our Websites, Our Platforms and Our Services, and anything connected with, relating to or arising from those matters.
7. Miscellaneous Provisions
7.1 Force Majeure
Except for the payment of any fees due and payable under this Agreement, neither party's delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement, if such delay is caused by Force Majeure, which shall include, labor disputes, shortage of materials, fire, earthquake, flood, failures in electric power, of telecommunications services, or any other event beyond the reasonable control of the party relying on Force Majeure.
The User shall not assign, transfer or delegate its rights, duties or obligations under this Agreement to any third party. Any such purported assignment, transfer or delegation in contravention of the foregoing provision shall be treated as being null and void.
7.3 Legal Compliance
The User hereby agrees that he shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding his use of Our Websites, Our Platforms or Our Services. For the avoidance of doubt, this shall include the Users compliance with local laws in which country the User is legally resident and accessing Our JobQuest Websites.
7.4 Provisions Severable
If any provision of this Agreement is held or found by a mediator, arbitrator or judge to be illegal, invalid or unenforceable, then such provision shall be severed from this agreement, and the remainder of this agreement shall continue to have full legal force and effect.
7.5 Time of Essence
Any date, time or period mentioned in any provision of this Agreement for the doing of any deed or thing shall be treated as being of the essence.
7.6 Third Party Rights
A person who is not a Party to this agreement shall have no rights there under, under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce or to enjoy the benefit of any provision of this Agreement.
No failure to exercise, nor any delay in exercising, any right or remedy under this Agreement shall operate as a waiver, unless such waiver is provided in writing by the innocent party.
7.8 Notices and Communications
You hereby agree that any communication or notice that is to be provided by JobQuest 365 to you shall be made to the address and contact information provided by You, such as by email, telefax, SMS or by Mail. Any and all communications between JobQuest 365 and You shall be conducted only in the English Language.
|Account||means any registration for any type of account entered into between a User [whether a natural or legal person] and JobQuest 365.Types of Accounts include, for example, an Employer Account and a Candidate Account.|
|Advertisement||means any advertisement for an engagement, employment or recruitment for a Job, Project or Task using any one or more of Our JobQuest Platforms.|
|Candidate||means the natural or legal person who enters into a Candidate Agreement with JobQuest for the use of any one or more of Our Website Platforms. There are two types of account for candidates, which are the Free Access Account and a Premium Access Account|
|Candidate Agreement||means the Candidate Agreement entered into between JobQuest 365 and the Candidate|
|Content or Materials||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being transmitted or stored in a computer that appears on Our Websites. Such shall include Candidate Materials or Employers Materials.|
|Employer||means the natural or legal person who places a job, project, or task advertisement on Our Website Platforms pursuant to the Agreement entered into between JobQuest 365 and the Employer.|
|Employer Agreement||means the Employer Agreement entered into between JobQuest 365 and the Employer.|
|Foreign Persons||means any person [including both natural and legal persons] who is not ordinarily or legally resident in Singapore or whose usual or customary place of residence or business is outside of the legal jurisdiction of Singapore|
|Free Access Account||means a Candidate Account which does not require any form of payment for the use of our basic Services. A Free Access Account User has limited access to functions such as:,
|JobQuest 365||means the business named and branded as ‘JobQuest 365’ owned, operated and managed by Egalite Marketing Pte. Ltd., its Subsidiaries, Affiliates, Partners, Licensors, and all of their officers, directors, agents, servants and employees.|
|JobQuest 365 Websites or Our Websites||means any of the Websites presently or in the future owned, operated and managed by Egalite Marketing Pte. Ltd.|
|Partner||means any entity with whom JobQuest 365 has a contractual relationship with for the provision of any product or services on the JobQuest 365’s Websites.|
|Person||shall mean a ‘natural person’ or ‘legal person’. A ‘natural person’ shall mean a human being having legal capacity to contract. A ‘legal person’ shall mean any entity created, registered or incorporated pursuant to the laws of a nation state or any of its political subdivision thereof, including under international law or conventions.|
|Platform||means any entity with whom JobQuest 365 has a contractual relationship with for the provision of any product or services on the JobQuest 365’s Websites.|
|Premium Access Account||means a Candidate Account requiring the payment of a fee of SGD 3.21 (inclusive of 7% GST). Premium Access Account User have full access to functions such as:
|Regulatory Authority||means, in respect of a particular context or circumstance, each National, Federal, State, Local-Government, Semi-Government, Quasi-government or other body, authority, department or institution, statutory or otherwise, including any Court, Tribunal, Judicial or Administrative Body, having jurisdiction and responsibility in respect of that context or circumstance|
|Services||means the Job Project and Tasks platforms and its accompanying infrastructure that JobQuest 365 makes available through Our Websites, and includes web-based email, live chat facilities, email links or other interactive services.|
|Subsidiaries or Affiliates||shall have the meaning ascribed to it under the Company laws of Singapore.|
|Transaction||shall include, according to the context where the term is used, a Sale, Subscription, License, Hire or Rental transaction.|
|Us, We, or Our||means Egalite Marketing Pte Ltd or JobQuest 365 [as hereinabove defined]|
|Use or Access||shall mean the use and access via a computer or any other device, including mobile phones, tablets or otherwise howsoever of Our Websites and the Services found thereon.|
|User||means any person that Uses any of Our Websites, and shall include a ‘Candidate’ or an ‘Employer’ as is defined in any applicable agreement.|
|You or Your||means, You, the User, Candidate or Employer, according to the context in which the expression is used.|