Terms Of Use

FLEXIWERKZ TERMS OF USE

This page informs all users (which includes job applicants, employers and/or advertisers) of the terms of use (“Terms”) on which they may use our website www.flexiwerkz.com (the “Website”) to, inter alia, post and/or search for employment opportunities and/or user résumés. FlexiWerkz Pte. Ltd. (“FlexiWerkz”) allows users to create individual profiles, which may include the submission or entry of personal or corporate information on the Website (the “Profiles”), and to make these Profiles, in full or in part, available to other users.

Please read these Terms carefully before using the Website.  If you do not accept the Terms stated herein, please do not use the Website and its services.  FlexiWerkz may vary, revise, amend, alter, modify or supplement these Terms in any manner and at any time by posting an updated version anytime, and without any notice and consent from users, on the Website.  You should visit this page periodically to review the most current Terms because they shall be binding on you. By using the Website, you agree to be bound by all and any of these Terms as may be varied, revised, amended, altered, modified or supplemented from time to time.

For the purpose of these Terms, “we” and “our” shall refer to FlexiWerkz.

1. INFORMATION ABOUT FLEXIWERKZ

1.1       FlexiWerkz is a private limited company incorporated in Singapore with the Accounting and Corporate Regulatory Authority, under company registration number: 201104096M.  The Company’s registered address is at 20 Peck Seah Street, #05-00, Singapore 079312.

1.2       We are independent of all parties mentioned herein unless otherwise stated.

1.3       We are also in no way affiliated with any of the advertisers unless otherwise stated.

1.4       The Website is owned by FlexiWerkz.

 

2. IMPORTANT TERMS AND GUIDELINES FOR USERS

2.1       The following are some important terms for users:

2.1.1    You shall view job listings and other content from secured member areas, solely and only for personal, individual, and/or private use.

2.1.2    You must abide by a high standard of professional and acceptable behavior, including, but not limited to, compliance with any and all applicable laws, especially employment laws, rules and regulations.

2.1.3        Employers who register to use the Website must be a legitimate employer, recruiter or hiring agency.

2.1.4        An employer account can only be created by the relevant human resource manager, executive, or recruiter from within the company, organisation, or entity, duly authorised by the said company, organisation, or entity to create the account.

2.2              Employers are encouraged to consider hiring for current part-time, full-time, contract, or freelance employment opportunities that include some degree of work from home/telemarketing.

 

3. ELIGIBILITY

To be eligible to use the Website and services of FlexiWerkz, you must meet the following criteria, and further represent and warrant that you:

3.1       have read and agree to these Terms and our Privacy Policy;

3.2       are at least 18 years old, or the age of majority that is defined in your jurisdiction, and have the necessary legal capacity, right, power and authority to agree to and abide by these Terms and FlexiWerkz’s Privacy Policy;

3.3       are not currently restricted or barred from having a FlexiWerkz account;

3.4       are accessing the Website and/or using our services and contracting in your own personal capacity or on behalf of a company, organisation or entity;

3.5       are duly authorised to bind the entity (yourself, the company, organisation or entity) on whose behalf you are contracting and such company, organisation or entity agrees to be bound by these Terms;

3.6       agree that all and any information provided by you to FlexiWerkz, including but not limited to personal, and/or, company particulars, and all relevant contact information is true, accurate and complete and that you are duly authorised to disclose such information; and

3.7       agree to use FlexiWerkz in a manner consistent with any and all applicable laws, rules and regulations.

 

4.  ACCESSING THE WEBSITE

4.1              You acknowledge and agree that to access and use the Website and services offered by FlexiWerkz, you will be required to register as a member on the Website.

4.2              We reserve the sole discretion and right at any time and in any manner to withdraw, amend, vary or alter the service we provide on the Website without notice and consent from you.

4.3              We will not be responsible or liable in any way, for any loss whatsoever, if for any reason the Website is unavailable at any time, or for any period, for whatsoever reason.

4.4              From time to time, we may, at our sole discretion, restrict access to parts of the Website in any manner, or the entire Website at any time or for any period, without any liability for any loss whatsoever, under any circumstances.

 

5. USE OF FLEXIWERKZ CONTENT

5.1              We authorise you to view and access the contents available on or from the Website solely and only for personal, individual and/or private use.

5.2              The contents of the Website, such as text, graphics, images, logos, button icons, software and/or any compilation of the content on the Website, are our intellectual property rights and are protected by Singapore and foreign copyright laws, and/or other intellectual property laws, and/or other relevant laws and regulations.

5.3              You agree not to, and/or not to enter into agreement to: misuse, sell, trade, distribute, divulge, disclose, adapt, translate, publish, transmit, broadcast, modify, reproduce, copy, duplicate, display, distribute, or otherwise use the content on the Website, in any way, for whatsoever purpose, commercial or not, in any manner that is likely to cause confusion among consumers, that disparages or discredits us or our licensors, in any way affects the reputation of FlexiWerkz, or that otherwise infringes our intellectual property and/or other legal and/or equitable rights.

5.4              Any code that we create to generate and/or display any content on the Website and the pages making up the Website is also protected by copyright and/or other intellectual property, and/or other relevant laws and regulations, and you shall not copy, duplicate or adapt or attempt to copy, duplicate or adapt such codes.

 

6. RESTRICTIONS ON USE OF THE WEBSITE

6.1              Employers must be legitimate, engaged in lawful trades, and of reasonably good-standing. We will not approve of any employer whose credentials is not to our satisfaction, particularly if there is questionable, scam-related, or fraudulent-related behavior, or any such rumoured behaviour.

6.2              Employers are expressly and explicitly prohibited from soliciting personal information such as credit card or bank account numbers, from users in the database as part of the job application/advertisement process. Business opportunities, joint venture opportunities, or any jobs requiring the investment of capital, whether monetary, or through the provision of equipment or otherwise, to get started, are not permitted on the Website.

6.3              All users may not use the Website in order to upload, post, transmit, distribute, reproduce, store or destroy materials:

(a)               in violation of any applicable law or regulation;

(b)               in violation of the Terms stated herein and our Privacy Policy;

(c)                in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Flexiwerkz or other third parties, or violate the privacy, publicity or other personal rights of FlexiWerkz or other third parties; or

(d)               that is defamatory, obscene, threatening, abusive or hateful.

6.4              We reserve the right, at our sole discretion, at any time and in any manner, to remove, request the removal of, request the rectification of, and/or requesting the doing of all acts, in all ways necessary, to rectify, any act done by you in breach of Clause 6.3 and/or the consequences thereof, at your own costs and expense.

6.5              You are also prohibited from violating or attempting to violate the system and security of the Website, by the following activities, including but without limitation to:

(a)        accessing data not intended for you or logging into a server or account which you are not authorised to access;

(b)        attempting to probe, hack, scan or test the vulnerability of a system or network or to breach the security or authentication measures;

(c)                attempting to interfere with service to any user, host or network, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or

(d)                forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

6.6       Any violation of the system and/or network security may result in civil and/or criminal liability.  We may, but without any obligation to, investigate occurrences of such violations or suspected violations, and will cooperate with, law enforcement and any other governmental authorities in prosecuting users who are involved in such violations or suspected violations. In addition, Flexiwerkz may also take independent legal actions against such errant users.

 

7. SPECIFIC PROHIBITED USES

7.1              The profile and résumé database (the "FlexiWerkz Résumé Database") and other features of or on the Website may be used only for lawful and legitimate purposes by employers seeking job applicants, and job applicants seeking employment.

7.2              We specifically prohibit any other use of the FlexiWerkz Résumé Database and other features on the Website, and you agree not to do any of the following:

(a)        post jobs or any materials on the Website that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are   otherwise misleading;

(b)        use the FlexiWerkz Résumé Database for any purpose other than as an employer seeking job applicants or job applicants seeking employment;

(c)        post or submit to FlexiWerkz any materials that are incomplete, false, inaccurate, misleading, unlawful, or information you are not authorized to submit, or information that would otherwise result in the violation of your obligations under these Terms;

(d)        delete, add to, amend, modify and/or revise any material posted by any other person or company, organisation or entity; or

(e)        take any action that imposes an unreasonably or disproportionately large  load or volume on the Website;

7.3       We do not necessarily monitor all and any materials posted, transmitted, or communicated to or within the Website.

 

8. REGISTRATION INFORMATION

8.1       When you register with us on the Website, you will be asked to create a member’s account and provide us with certain information including a valid email address.  Such information submitted will be used in accordance with our Privacy Policy.

8.2       We are at liberty (but without any obligation) to, at our sole discretion and at any time, offer third party services and products to users based on the preferences stated by users during registration or at any time thereafter. Such offers may be made by FlexiWerkz and/or by third parties.

 

9. USER CONTENT AND SUBMISSIONS

9.1       You are solely responsible and liable for all and any information, including job postings, profile information and content, messages, forum contributions, audio, video, photos, text, images, compilations and any other information ("User Content") that you post on the Website and/or transmit to other users.

9.2       You agree that in submitting User Content, or otherwise using the Website, that you will not impersonate any person, or submit any materials that are incomplete, false, inaccurate, misleading, unlawful, or information you are not authorized to submit, or information that would otherwise result in the violation of your obligations under these Terms.

9.3       You agree that all User Content, and/or Information and/or particulars sent or submitted by you to us in relation to the access of the Website is non-confidential and non-proprietary.

9.4       We are not an employment agency.  We are not responsible or liable for screening, monitoring and/or censoring User Content, communications or information posted by users. However, we may, at any time, review and remove any User Content that, in our sole discretion, violates these Terms, applicable laws, rules or regulations, or is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of other users of the Website.  We reserve the right to terminate the accounts of the abovementioned users and deny them any further access to the Website and/or FlexiWerkz’s services.

9.5       We may also take any other action that we deem necessary or appropriate with respect to User Content, in our sole discretion, and without notice or consent, if we believe that such User Content could create liability for us, damage our brand or public image, or cause us to lose (in whole or in part) the services of our ISPs, suppliers or partners.

9.6       If we are notified about User Content or other materials which allegedly do not conform to these Terms, we may at our sole discretion, but without any responsibility or obligation whatsoever, investigate the allegation and determine whether to take any action, including but without limitation, to remove or request the removal of the User Content. While we reserve the right at our sole discretion to remove User Content, job postings, résumés or other material from the Website from time to time, we do not assume any responsibility or obligation to do so and disclaim any liability for failing to take any such action.

9.7       We are not obliged to accept or consider unsolicited ideas, suggestions, inventions, drawings, concepts, inventions, or other information submitted by you (collectively the "Submission"). This is necessary to avoid misunderstandings should our material on the Website bear coincidental similarities to any unsolicited idea. You are advised to be specific in your comments regarding services by us or the Website.

9.8       In the event of an unsolicited Submission, the Submission shall automatically be our sole property. We shall own exclusively all current known, or later discovered, rights to the Submission and shall be entitled to the unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the you or any other person. There will be no obligation of confidentiality on our part with regards to the Submission and we shall not be liable for any use, disclosure, reproduction or circulation of any Submission, including giving the Submission to any third party. We will also have no obligation to return the Submission to you or respond to you in any way.

 

10. POLICY REGARDING THE USE OF THE FORUM

10.1          Contributions to the forum on the Website will be considered User Content as defined in Clause 9.  These contributions will therefore be governed by the Terms stated herein and particularly from Clauses 9.1 to 9.6 inclusive.

 

11. USERNAME AND PASSWORD

11.1          You are solely responsible for maintaining the confidentiality of your account, profile, username, password, and/or User Content as applicable.  You shall not share your password or other account access information with any other party, temporarily or permanently, under any circumstances and for whatsoever reason, and you shall be responsible for all uses of your account, profile, username, password, and/or User Content, whether or not authorised by you.

11.2          You agree to immediately notify us of any unauthorised use of your account, profile, or username and/or password. We may, at our sole discretion, suspend the use of your account in such a case, whether or not investigations have been carried out.

 

12. ACCOUNT CANCELLATION

12.1You may cancel your account at any time.

12.2          You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all account information and User Content with us will be marked as deleted from our database and will be removed from any public area of the Website.  Information and/or User Content may continue to be available for some period of time because of delays and/or time lags in propagating such deletion through our web servers.  In addition, third parties may retain cached copies of such information.

 

13. TERMINATION OF ACCOUNT

13.1          Notwithstanding anything stated herein, upon breach by you of any of these Terms, or if we are unable to verify or authenticate any information submitted by you at our sole discretion to the Website (of which we are not obliged to verify or authenticate), we may at our sole discretion and at any time, remove the User Content from the Website and/or terminate the registration with or ability to access the Website and/or other services provided you by us.

13.2          Notwithstanding the termination, we reserve the right, to pursue any and all of our legal and/or equitable causes of actions and/or remedies.

13.3          All rights and remedies that have accrued to us shall remain valid and in full force notwithstanding any termination of your account.

13.4          We reserve the exclusive right to discontinue any accounts that violate (either overtly, impliedly, or the intentions or aims of) our policies or Terms, or misuse our service in any way, and/or are not in keeping with the mission of our service, solely at our discretion.

13.5          All User Content and/or account information of terminated accounts will be dealt with in accordance with Clause 12.2.

 

14. COPYRIGHT

14.1          We hold the copyright for all copyrighted and copyrightable materials on the Website, including, but without limitation to, the FlexiWerkz trademark, logo, design, text, graphics and forms and including the selection and arrangement of such elements. In addition, the entire Website is copyrighted as a collective work under Singapore and any other copyright laws. We hold the copyright in the materials as well as the collective work.

14.2          No part or parts of the Website may be reproduced, distributed adapted, modified, republished, displayed, broadcast, hyperlinked, framed or transmitted in any manner or by any means or stored in an information retrieval system without our prior written consent.

14.3          You are also expected to observe the copyright of works of other third parties as these works will also be the subject of copyright laws.

 

15. TRADEMARKS

15.1          All trademarks, service marks, logos, trade names, and any other proprietary  designations of FlexiWerkz (the “Trademarks”) used and displayed on the Website are trademarks or registered trademarks of us or our licensors.  Nothing on this Website should be construed as granting any license or right to use any of the Trademarks displayed on this Website without our prior written consent.

 

16. ADVERTISING

16.1     By submitting an advertising banner, advertisement, and/or advertising material for display on the Website (the “Ad/Ads”), you agree to abide by FlexiWerkz’s terms of use for online advertising, as stated in herein.

16.2     Before advertising with FlexiWerkz, you agree that:

16.2.1  We shall not be responsible for any of your website’s downtime. If your website is down during the period in which it advertises with us, you are wholly and solely responsible for the downtime and we shall not extend your advertising period;

16.2.2    You shall not and will not place any Ads relating to or connected with fraudulent, illegal or immoral websites. We reserve the right, at our absolute discretion at any time, to reject or decline any Ads which we suspect of the above. We shall also, at our absolute discretion without notice or consent, at any time to delete or remove any Ads if any complaint is received relating to the Ad or if the website is proven or suspected to be fraudulent, illegal or immoral;

16.2.3    You shall not and will not authorize any third party to, (i) generate automated, fraudulent or otherwise invalid impressions, inquiries, clicks or conversions or (ii) conceal conversions for programs where they are required to be disclosed;

16.2.4    You shall not and will not provide Ads containing malware, spyware or any other malicious code or knowingly breach or circumvent any program security measure;

16.2.5    We may vary, amend or modify Ads (a) to make non-material changes (e.g., size, formatting, punctuation and spelling modifications) at our sole discretion, at any time and without notice or consent.  We may reject or remove a specific Ad at any time for any or no reason;

16.2.6    You are solely and fully responsible for any liability arising out of or in connection with (a) your Ad, and/or (b) any material to which users can access through the Ad; and

16.2.7    You represent and warrant that the Ads and any materials in which users can access through the Ad complies with all legal statutory or regulatory requirements and commonly accepted industrial advertising standards; and that you hold the necessary rights to permit the use of the Ads and/or connected materials therein by us; and that the use, reproduction, distribution, or transmission of the advertisement will not violate any laws, statutes or regulations, or any rights of any third parties, including, but not limited to, such violations and infringements or misappropriations of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, anti discrimination law or regulation, or any other right of any person or company, organisation or entity.

16.2.8    We prohibit advertisements that request or requires users to pay deposits or any other fees or make any purchases from the advertiser.

 

17. PLACEMENT OF ADS

17.1     You authorise us to use any technology and/or do any acts as necessary to place any Ads on the Website for and on behalf of yourself or, as applicable, a third party.

17.2     You are solely and fully responsible for all of your: (i) Ads, (ii) Ad trafficking or Ad targeting decisions, and (iii) websites (including the services and products advertised on it) to which your Ads direct/redirect users to.

 

18. GENERAL RULES GOVERNING ADS

18.1          By hosting Ads on the Website, we in no way endorse the organisation, individual, product or opinion to which the Ads come from or are associated with.

18.2          You understand that third parties may generate impressions or clicks on the Ads for prohibited, improper or whatsoever purposes. We will in no way be liable for any such acts by third parties.

 

19. RATES OF ADS

19.1     You acknowledge that the nature of the service to be furnished and the initial rates and charges for the placing of Ads on the Website have been communicated to you. You are aware that FlexiWerkz may, at our sole discretion, at any time and without notice to you, change the specified rates and charges from time to time.

 

20. PAYMENT OF ADS

20.1          You will pay (without any setoff or deduction) all fees, charges and disbursements incurred in connection with the use of our advertising services, within the time period specified by us.  Late payments will bear interest at the rate of 1.5% per month.

20.2          You will also pay:

(i)  all taxes and other government charges in connection with the use of the advertising services and/or placement of the Ads on the Website; and

(ii) all expenses and legal fees on an indemnity basis that we incur in collecting any late payments and/or otherwise enforce these Terms.

20.3          Charges are solely based on our measurements of the Ads and our applicable billing metrics.  All and any portion of a charge must be paid in full.  You may not offset any payment due against any sum owing to you by us, if any at all.

20.4We are not obligated to place any additional Ads on the Website or provide any additional service in excess of the payment by you.

 

21. ADS CANCELLATION

21.1     Unless otherwise provided herein, either party may cancel any Ads at any time before the actual placement of such Ads on the Website or before the date mutually agreed upon by both parties for the placement.

21.2     However if you cancel the Ads after the Ads have been placed on the Website or a date has been mutually agreed upon, then you shall be responsible for any cancellation fees and the Ads may still be published.  Cancelled Ads will generally cease serving within 3 (three) working days of the notified cancellation, but you remain obligated to pay all charges and fees resulting from served Ads (e.g., fees based on conversion) until such time as the Ads cease operations.

21.3     You must effect cancellation of Ads and/or advertising banners with prior written notice of 5 (five) days  to FlexiWerkz via email to the relevant account representative who has been assigned to the advertiser  or (iii) if the advertiser does not have an account representative, with prior written notice of 5(five) days to FlexiWerkz via email to advertise@flexiwerkz.com.

 

22. POLICY ON REFUNDS FOR ADS

22.1     No refunds will be paid to advertisers who change their Ads after the ads, for whatsoever reasons, such that it no longer complies with these Terms and thus resulting in their Ads being removed from the Website.

 

23. REMOVAL OF ADS

23.1     We reserve the right to reject or remove any Ads which provides links to website(s) we consider inappropriate or to any website(s) which contains links to other websites we consider inappropriate without notice to or consent from the advertiser.

23.2     We reserve the right to remove inappropriate Ads, and/or material, including Ads, and/or material that is defamatory, offensive, or of an obscene or menacing character, or which may, in our sole judgment, cause annoyance, inconvenience, anxiety or distress to any person without notice to or consent from the advertiser.

23.3     We reserve the right to remove any Ads that are reported to us as being scams, with or without the carrying out of an investigation without notice to or consent from the advertiser. If you suspect any Ads on our Website as being scam, please email us at admin@flexiwerkz.com the details and we will at our sole discretion consider removing the Ad.

23.4     Our sole decision to publish or remove any Ad is final and may not be contested under any circumstances.

 

24. DISCLAIMERS, EXCLUSIONS AND/OR LIMITATIONS OF LIABILITY

24.1          The Website is an information venue for approved, qualified employers to post flexible job opportunities and for our staff to post public job information, if any. The Website also allows job applicants to post their résumé (and related application materials) and to apply for jobs .  Other information postings on the Website include, but are not limited to, networking events related to FlexiWerkz’s activities and educational institution listings. FlexiWerkz is not to be considered an employer, a headhunter, a staffing agency, or an entity equivalent to the abovementioned.

24.2          Accordingly, we shall not be responsible or liable in any way for any employment decisions, under any circumstances, and for whatsoever reason, made by any user, company, organisation or entity posting jobs on the Website.  We shall also not be responsible or liable in any way for the actual interactions, negotiations or any offers or contracts between employers and job applicants that preceded the employment decision.

24.3          We act as a passive conduit for the online distribution and publication of User Content and have no obligation to screen, monitor and/or censor User Content, communications or information and are not responsible for screening, monitoring and/or censoring User Content, communications or information posted by users.

24.4          We do not represent or guarantee the truthfulness, accuracy, or reliability of the User Content or any other communications or information posted by users or endorse any opinions expressed by users. Any reliance on material posted by other users, and the consequences thereof, if any, will be at your sole and own risk and/or expense.

24.5          You acknowledge and agree that you are solely and fully responsible for the form, content accuracy, completeness and legality of the User Content and any résumé, material, job postings and/or material you place on the Website.

24.6          We cannot and do not confirm that each user is who he/she claims to be.

24.7          In the event of a dispute with one or more users, for whatsoever reason, we (and our agents and job applicants) will not be responsible or liable for any and all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in connection with such disputes.

24.8          The Website may contain inaccuracies and/or typographical errors.  We make no representations on the accuracy, reliability, completeness, legality or timeliness of any content on the Website.  The use of all content on the Website is solely at your own risk. Changes may be periodically made to the Website and may be made at any time.

24.9          We provide access to third party content through links to other websites.  You understand and agree that we are only acting as a conduit and that we have no liability whatsoever with respect to the content on the linked third-party website, whether arising under the laws of copyright, libel, privacy, obscenity or otherwise. We also do not make any representations regarding the content or accuracy of materials on such linked third-party websites.  If you decide to access the linked third-party websites, you do so solely at your own risk.

24.10      As it is not possible for us to review all Ads on the Website, you are strongly advised to verify such advertisements yourself. We are not responsible or liable for any damages, loss or expense arising from or in connection with job advertisements posted on the Website. We shall also not be responsible for the content of the websites viewed via the Ads appearing on the Website.

24.11      We cannot guarantee and do not promise any specific results from use of the Website.  No advice, information or representation, whether oral or written, obtained by a user from us shall create any guarantee, warranty or representation not expressly stated herein.

24.12      We do not warrant that the Website will operate error-free or that its servers are free of computer viruses and/or other harmful mechanisms. If any use of the Website requires servicing or replacement of equipment or data by you, we are not responsible for any and all of those costs.

24.13      The Website and content are provided on an "as is" “as available” basis without any warranties of any kind. Flexiwerkz, to the fullest extent permitted by law, disclaims all warranties, guarantees and representations, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. We also make no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, website and links on the Website.

24.14      In no event shall we, our employees, agents, suppliers, or any third parties mentioned on the Website be liable for any damages whatsoever (including, but without limitation to, incidental and consequential damages, lost, profits, or damages resulting from the use or inability to use the Website and/or its services and/or any content on the Website, whether or not based on warranty, contract, tort, negligence or any cause of action, and whether or not we are advised of the possibility of such damages).

24.15      In the event we are unable to lawfully exclude liability for damages, our maximum liability arising out of or in connection with the Website or the use of our services, regardless of the cause of action (whether in contract, tort, negligence, breach of warranty or otherwise), will not exceed SGD50.

 

25. IMDEMNITY

25.1     You agree to defend, indemnify, or hold harmless FlexiWerkz, its affiliates, and our respective officers, directors, job applicants and agents, from and against any claims, actions or demands, including but without limitation to, legal and accounting fees, arising or resulting from any User Content or other material you provide to the Website, the use of any of our services, or your breach of these Terms.

 

26. JURISDICTIONAL ISSUES

26.1     The Website is owned and operated by us in Singapore.  We make no representation that the contents of the Website are appropriate or available for use in your location.  Those who choose to access this Website from any location do so on their own initiative and are solely and fully responsible for compliance with Singapore laws, if and to the extent that Singapore laws are applicable.

27. SEVERABILITY

27.1     If any one or more of the Terms contained herein shall be deemed invalid, unlawful or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining Terms contained herein shall not in any way be affected or impaired.

 

28. RELATIONSHIP OF PARTIES

28.1     Nothing in these Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between us and you and you shall not have any authority to bind us in any way.

 

29. WAIVER

29.1     No waiver of any rights or remedies by us shall be effective unless made in writing and signed by an authorised representative of FlexiWerkz.

29.2     Any failure by us to exercise and/or enforce any rights conferred upon us by these Terms shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement of any such rights thereof at any subsequent time or times.

 

30. THIRD PARTY RIGHTS

30.1        Unless third party rights are expressly provided for herein, the Contracts (Rights of Third Parties) Act (Cap. 53B) shall not under any circumstances apply to these Terms and any person, company, organisation or entity who is not a party to these Terms (whether or not such person, company, organization or entity shall be named, referred to, or otherwise identified, or form part of a class of persons, companies, organisations or entities so named, referred to or identified, in these Terms) shall have no right whatsoever under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce these Terms

 

31. FORCE MAJEURE

31.1     No party shall be liable for any failure to perform its obligations under these Terms if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

31.2     For purposes of these Terms, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms.  Such circumstance or event shall include, but is not limited to industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

 

32.       GOVERNING LAW & SUBMISSION TO JURISDICTION

32.1        These Terms shall be governed by and construed in accordance with the laws of Singapore and the parties hereto agree to submit to the exclusive jurisdiction of the Singapore courts in all matters arising out of or in connection with these Terms.