FIT FOR WORK TERMS AND CONDITIONS

 

These Terms and Conditions (the “T&Cs”) shall apply to the registration of users and subsequent use of the Fit for Work mobile application services (the “Service”) offered by Fit for Work Pte. Ltd., a private limited company organized under the laws of Singapore, with UEN 201838625E and its registered address at 74 South Bridge Rd., 02-01, Singapore 058704 (“We”, “us” or “Fit for Work”). These T&Cs constitute an Agreement between you (“You” or the “User”) and Fit for Work when you register and make use of the Service. The User and Fit for Work shall collectively be referred to as the “Parties” and individually as the “Party”.

 

You must read, agree to, and accept all of the terms of use contained in this T&Cs, as well as the terms and conditions in the Privacy Policy (“PP”), in order to use our Fit for Work web application (the “Fit for Work web application”) and/or the Fit For Work website located at http://fitforworksg.com/ (the “Site”), as well as all affiliated websites, including mobile websites and applications, including without limitation Google Play Store, Android Market, and Apple Store, whether owned and operated by us, or successors-in-interest, our Affiliates  or any third-parties (hereinafter collectively, the “Locations”); to avail the Services.

 

These T&Cs and PP, along with any other policy documents that may be issued by Fit for Work from time to time, shall be applicable to the Services (hereinafter collectively referred to as the “Additional Terms and Conditions”) and constitute the complete and exclusive statement of the agreement (the “Agreement”) of both the Parties with respect to the subject matter of this Agreement, and supersede all prior oral and written commitments, understandings, and communications between the Parties regarding such matter.  Fit for Work may, at its sole discretion, amend the Agreement, from time to time, by displaying the revised version(s) of the same on either or both Fit for Work web applications, giving the User a minimum of 10 days advance notice before such revisions come into effect.  Any continued use of the Fit for Work Location(s) and/or Services by the User after the revised Agreement have come into effect shall be deemed as the User’s consent to such revised Agreement. In the event of a conflict between these T&Cs and the Additional Terms and Conditions, this T&Cs will control unless the Additional Terms and Conditions explicitly state that they control.

 

Section I: Definitions

 

Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or under common control with Fit for Work.

Fit for Work web application(s)” shall have the meaning ascribed to the term in the introduction of these T&Cs above.

Fit for Work Team Software” means the online platform accessed using Fit for Work’s software that enables compilations for User evaluations, recommendations, measurements, data and analysis.

Current Version” means a version of the software that is currently being supported by its publisher.

Fee” means the payment due to Fit for Work for provision of the additional Services against a User’s Paid Account, which shall be charged by Fit for Work to the User pursuant to execution of an Invoice.

Invoice” means a contract for sale and purchase of Services formed and executed between a User and Fit for Work, using the Fit for Work web application and/or Site, which shall specify the Services purchased, whether one-time or subscription Services, additional terms and conditions (if any), and Fit for Work’s Fee.

Payment Method” means a valid credit card issued by a bank acceptable to Fit for Work, a bank account linked to the User’s Subscription Account or standard Account (as the case may be), a PayPal account, a Stripe account, or such other method of payment as Fit for Work may accept from time to time in Fit for Work’s sole discretion.

Substantial Change” means a change to the terms of the T&Cs that reduces the User’s rights or increases the User’s responsibilities.

Services” means any and all services agreed upon, performed for or delivered to Users through Fit for Work web application(s).

User” means any authorized user who has created an Account, and is or will be utilizing any Fit for Work web application, Site and/or Services for personal and/or consumer purposes only.

 

Section II: Account Registration

 

All Users shall apply to Fit for Work for use of the Services by registering for a unique User account on the Fit for Work web application (“Account”).

  1. User Account Registration Requirements and Eligibility
  2. The User shall register for an Account by providing all requisite information, in the prescribed form(s) available on the Fit for Work web application. Fit for Work shall be entitled at its sole discretion to accept or reject such Fit for Work Account applications.
  3. By registering for an Account on the Fit for Work web application, or by clicking to accept this Agreement when prompted on the Fit for Work web application, the User has been deemed to have executed this Agreement electronically, effective on the date the User registers their Account or clicks to accept the Agreement.  The User’s Account registration constitutes an acknowledgement that they are able to electronically receive, download, and print the Agreement, and any amendments thereafter.
  4. The User represents, acknowledges, agrees, and affirms the following:
    1. the User shall use the Fit for Work web application and the Services solely for personal and/or consumer purposes only;
    2. the User shall comply with all applicable laws and regulations with respect to his or her use of the Fit for Work web application and the Services;
    3. the User is an individual 18 years or older, with the full capacity to enter into legally binding contracts;
    4. the User shall be financially responsible for its use of the Fit for Work web application and the purchase of Services, where applicable;
    5. the User is not a citizen or resident of a geographic area in which access to or use of the Fit for Work web application or the Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; and the User agrees that if the User’s country of residence or other circumstances change such that the above representations are no longer accurate, that the User shall immediately notify Fit for Work of the same and cease using the Fit for Work web application and Services forthwith;
    6. the User shall perform its obligations as specified by any Invoice that such User enters into, unless such obligations are prohibited by applicable law or this Agreement and/or the Additional Terms and Conditions
  5. For the purpose of availing Accounts and Services, the User is required to have:
    1. The User’s full legal name; and
    2. A valid work email address.

 

  1. Fit for Work may discontinue the Services for the User at its sole discretion any time without assigning any reason.
  2. When requested, User must provide Fit for Work with information about themselves.
  3. Any User opening or operating an Account is deemed to have read, understood and accepted (i) this Agreement, (ii) the applicable schedule of Fit for Work Fees issued, and (iii) any and all amendments from time to time to the afore-mentioned by the Fit for Work.
  4. Fit for Work reserves the right to avail and access User identification-related data obtained through the Account registration of the User.

 

  1. The User agrees to provide true, accurate, and complete information on its Account and all registration and other forms they access on the Fit for Work Locations or provide to Fit for Work, and to update the User’s information to maintain its truthfulness, accuracy, and completeness.  The User agrees not to provide and to correct any information about their location, business, skills, or the services their business provides that is or becomes false or misleading.

 

  1. The User shall not to register for more than one User Account without express written permission from Fit for Work, and the User shall not to ask or allow another person to create/register a User Account on their behalf, for their use or benefit.

 

Section III: Attributes of Accounts

 

  1. The grant to, and operation of Account and Services by a User is purely personal in nature and not transferable under any circumstance.
  2. Fit for Work reserves the right without prior notice to the User to debit the User’s Account for any expenses, fees, withholding tax, tax, duty, or any other cost, service charges or expenses arising out of any transactions or operation of the Account with the Fit for Work as may be payable to the Government, or any regulatory authority as may be levied, from time to time. All applicable taxes shall be recovered as per tax laws in force. Failure to do so shall result in recovery of the service charge by Fit for Work in a manner as Fit for Work may deem fit along with such interest charges, if any, and/or withdrawal of funds from Account without any liability to Fit For Work.
  3. The Parties hereby agree that if the User opens further accounts with Fit for Work and/or subscribes to any of the products/services offered by or through Fit for Work or any of the Affiliates, and Fit for Work extends the Services to such accounts, products or services and the User opts for use thereof, then this Agreement shall automatically apply to such further use of Account and Services by the User.
  4. This Agreement is in addition to and not in substitution for the specific terms and conditions, rules and regulations, procedures of Fit for Work following various types of accounts and all products, services offered to User from time to time.

 

Section IV: Usage of Account/ Dormancy

 

  1. In order to use the Services, the User must be registered for an Account.

 

  1. At the time of registration, the User may be prompted to create a unique password. All transaction requests will be authorized only through the User’s registered Account.

 

  1. If a User’s Account remains dormant for a period of 12 months, any remaining balance in such dormant Account shall be deemed an unclaimed balance and shall be surrendered to Fit for Work. 
  2. In case of Fit for Work receiving official notice, or as and when Fit for Work becomes aware of it from any other reliable source, regarding the demise of a User, Fit for Work shall stop operations immediately in the Account and will not be obliged to allow any operation or withdrawal except on production of a Succession Certificate or other Court orders, from a Court of competent jurisdiction.
  3. Any discrepancy in the Account activities for transactions and receiving of alerts should be promptly brought to the notice of Fit for Work by the User in writing info@fitforworksg.com within 3-7 working days from the date of transaction, failing which the said activities of the Account and/or receiving of alerts shall be deemed to be finally and conclusively non-discrepant and accepted by the User, for all purposes whatsoever. In the case of any error, Fit for Work reserves its rights, at all times to make adjusting entries to rectify the error without notice and inform the User subsequently, and recover any amount wrongly paid or credited to the User and/or any third-party together with any accrued interest charges. However, Fit for Work shall not be liable for any loss or damage due to such error(s) or any consequential loss arising therefrom to the User and/or any third-party.
  4. In accordance with this Agreement, the User may be entitled to receive certain records from Fit for Work and/or Fit for Work’ Affiliates, such as contracts, notices, and communications, in writing (hereinafter collectively referred to as the “Records”).  To facilitate the User’s use of the Fit for Work web application and the Services, the User hereby consents to being provided these Records by Fit for Work electronically instead of in paper form. The User shall be responsible for retaining copies (whether soft copies or hardcopies) of all such Records duly communicated to the User by Fit for Work. However, Fit for Work reserves the right, in its sole discretion, to communicate with the User via postal service and other third-party mail services using the address under which the Account is registered.  The User’s consent to receive Records electronically shall remain effective until and unless it is expressly withdrawn in writing by the User by contacting Customer Support.  Withdrawal of User’s consent to receive such Records electronically (“Withdrawal”), shall cause the User’s access to the Fit for Work web applications and the Services to be revoked, and the User shall no longer be permitted to use the Fit for Work web applications or the Services.  Withdrawal shall be effective only after Fit for Work has had a reasonable period of time to process the request for Withdrawal.  Please note that Withdrawal shall not apply to records and notices electronically provided by Fit for Work to the User before the Withdrawal becomes effective.
  5. The User shall be responsible for keeping all contact information (including without limitation all work email addresses and postal addresses) in Fit for Work’ records up-to-date by promptly notifying Fit for Work of its current contact information, as well as any changes to the same, as soon as those changes occur.
  6. By entering into this Agreement, the User acknowledges and confirms that the User possesses all of the hardware and software necessitated to receive all electronic notifications and Records as may be provided by Fit for Work, such requirements which may be amended by Fit for Work from time to time, including without limitation:
    1. a valid and current email address;
    2. a data plan, or internet connection for your smartphone device;
    3. Software, browsers, plug-ins, or other mobile applications and programs identified on the Fit for Work web application in their Current Versions. The use of other browsers, or any of the afore-mentioned items in any version that is not the Current Version, may lead to compatibility issues;
    4. a mobile device with an operating system capable of supporting the afore-mentioned items.

 

Section V: Security

 

  1. Fit for Work shall not be liable to the User or any third-party, if anyone gets / has access to User’s password and/or mobile device with the Fit for Work web application, and the User fails to inform Fit for Work. The transaction(s) done and/or instructions sent on the Account by the unreported and unauthorized user shall be considered legitimate and shall be acted and/or relied upon by Fit for Work. Fit for Work accepts no liabilities and shall not be held liable for compensation against any resulting User’s loss.
  2. The User irrevocably and unconditionally undertakes to ensure that the User’s password and other Confidential Information is kept confidential and to not let any unauthorized person have access to the mobile phone and/or the password.
  3. The security of the password must not be endangered or compromised by choosing a password that can be easily guessed, such as four (4) of the same numbers or numbers in sequence such as 1234.
  4. The User hereby acknowledges, agrees, and confirms that the User’s registered mobile phone/SIM shall only be used by the User and he/she shall take all necessary precautions and care to ensure that the same are not misplaced, lost or stolen. If User’s registered mobile phone/SIM is lost or stolen, User shall immediately notify his/her mobile operator to block and prevent misuse of the mobile phone/SIM. The User shall also promptly notify Fit for Work’ Customer Service to block access to his/her Account, failing which, Fit for Work shall not be held liable for any cost, charges, expenses, losses (direct, indirect or consequential), claims (including third party claims) or damages suffered or incurred by the User. The time at which Fit for Work receives instructions to block access to the Account shall be determined and certified by Fit for Work and such determination shall be binding and conclusive on the User.
  5. If the User believes that his/her Account has been accessed without his knowledge or consent, or that their password has been fraudulently used, they shall contact Fit for Work immediately to block Account.
  6. Fit for Work shall not be required to independently verify the User Instructions and shall be effective unless countermanded by further instructions from the User within reasonable time frame. Fit for Work shall have no liability whatsoever if it does not or is unable to stop or prevent the implementation of any such countermanded User Instruction.
  7. All instructions for operating the Accounts and availing Services shall be given by the User (“User Instructions”) in the manner prescribed by Fit for Work. The User is also responsible for the accuracy completeness and authenticity of the payment instructions provided to Fit for Work and/or its Affiliates and the same shall be considered to be sufficient to operate the Accounts.
  8. The User Instructions shall be affected only after authentication of the User in accordance with the prescribed procedure for Account.
  9. All the records of Fit for Work generated by the User Instructions, (including the time of the transaction and payments requested when availing Services and using the Account), recorded shall be conclusive proof of the genuineness and accuracy of the transaction and accompanying User Instructions.
  10. When a User completes providing payment instructions and the same are received by Fit for Work, transaction shall be deemed to be fixed and finalized and User may not subsequently raise any objections with respect thereto. Once the User Instructions are received the transaction may not subsequently be changed or reversed in any way. Fit for Work may seek clarification on User Instructions as and when it deems fit.
  11. Fit for Work may refuse to comply with the User Instructions without assigning any reason whatsoever and shall not be under any duty to assess the prudence or otherwise of any User Instruction and have the right to suspend the operations through standard process if it has reason to believe that the User Instructions will lead or expose to direct or indirect loss or may require indemnity from the User before continuing to operate Account.
  12. The User undertakes and agrees not to use or permit the use of Account and Services for any illegal or improper purposes and shall comply with all applicable laws and regulations governing the Accounts. The User shall be held liable for any illegal funds transfer and money laundering done through their Account.

Section VI: Services

 

  1. Fit for Work web application and the Site together are an online platform that allows its Users to perform workstation evaluations based on ergonomic principles, enabling them to improve work posture, productivity, comfort and reduce the likelihood of pain or discomfort related to computer-based work. The Fit for Work Locations also store the User’s evaluation(s) for up to twelve months from the last log in, to enable the User to monitor any changes along with determine the success of the resultant Fit for Work recommendations for improving ergonomics of that User’s workstation.
  2. Subject to the Agreement, Fit for Work provides the Services to Users, including hosting and maintaining the Fit for Work web application and Site.

 

  1. All Services pertaining to the formation, execution, and termination/cancellation of the Invoices shall be governed by and specified in the User Agreement.

 

  1. The User acknowledges, agrees, and affirms that Fit for Work is not a party to any communication between Users, and that Fit for Work does not in any way endorse any statements or opinions made between any Users, nor is responsible in any way for the conduct of any of the Users.

 

  1. The User further acknowledges, agrees, affirms, and covenants that the User shall not, under any circumstances whatsoever, post any content anywhere on the Fit for Work web application and/or Site, that is discriminatory, racist, bigoted, offensive, and/or hateful in nature, or promotes hate speech towards any third party or marginalized group anyway in any way, or is or can be construed as false assertions and/or fake news and/or media; and shall indemnify and hold harmless Fit for Work for any violation of the same. Without prejudice to Fit for Work’ rights and remedies under the law, Fit for Work shall also have the right to immediately suspend, cancel, and/or terminate the User’s Account for any violation of this Clause.

 

  1. The User hereby acknowledges, agrees, and affirms that for use of the Services subscription features, which shall include without limitation, running multiple evaluations (“Evaluations Packages”), (which Fit for Work may offer and revise from time to time in its sole discretion) the User must register for a subscription Account with a [weekly/monthly/quarterly/yearly] subscription (“Subscription Account”), against which Fit for Work shall charge the User the corresponding Fee listed therein using the Payment Method specified.

 

  1. The User may also elect to register for an unlimited Subscription Account, which shall give the User access to run unlimited evaluations (“Unlimited Evaluations Package”) (which Fit for Work may offer and revise from time to time in its sole discretion), the User must register for a subscription Account with a yearly subscription (“Unlimited Subscription Account”), against which Fit for Work shall charge the User the corresponding Fee listed therein using the Payment Method specified.

 

  1. Both Subscription Accounts and Unlimited Subscription Accounts shall hereinafter be collectively referred to as “Subscription Accounts”. All Subscription Accounts shall be subject to the following fair usage policy:
    1. Limit of one evaluation per User during peak hours of traffic, as shall be determined in the discretion of Fit for Work;
    2. The User shall not overburden the Fit for Work Site, or operate the Account in any way that may potential slow down, or hinder the functionality and/or availability of the Site and/or Services to any of Fit for Work’s other Users and/or potential Users;
    3. In the event of any violation of Section VI (8)(a) or (b), or any attempt to circumvent the User’s obligations thereunder, Fit for Work shall reserve the right to suspend and/or terminate the User’s access to the Subscription Account(s).

 

  1. Upon the User selecting the option to register for a Subscription Account, and duly paying the Fee, Fit for Work shall issue an invoice to the User itemizing the purchase subscription, specifying the additional Services that the User is entitled to, along with any additional terms and conditions that shall be applicable on the User for the use of the Services (“Invoice”). In case of conflict between any of the terms and conditions of the Invoice and this Agreement, the terms of the Invoice shall prevail.

 

  1. Fit for Work does not make or claim any warranties to the quality, or level of Services provided under a Subscription Account, as provide the same on an as is The User shall have the option of sending Fit for Work any complaints or troubleshooting queries with respect to their Subscription Account. However, Fit for Work shall remain not liable to the User for the above complaint, and not liable for the refund of any amounts pursuant to such complaint.

 

  1. The User shall be at liberty to cancel the Subscription Account at any point in time, subject to submitting written notification of such desire to cancel. Fit for Work shall not have any obligation to pro-rate and refund the corresponding Fee to the User.  Should the User wish to re-activate their Subscription Account in the future, the reactivated Subscription Account shall be subject to the same Fee as was charged in the previous registration.

 

  1. Fit for Work reserves the right to cancel the User’s Account and/or Subscription Account (as the case may be), without prior notice and without justifying a reason, subject to refund of the unutilized portion of the Fee paid. However, if Fit for Work discovers, suspects or has reason to believe that the User has used their Subscription Account in any manner that contravenes this Agreement or any additional terms and conditions on the Invoice, then Fit for Work shall specify in writing that this is a reason for such cancelation, and Fit for Work shall not be required to issue a refund of the Fee, or any portion thereof.

 

  1. If the User does not register for a Subscription Account, then the User shall maintain a standard “pay per use” Account, whereby the User shall be charged the relevant Fee for each instance wherein the User runs an evaluation Service under said Account.

 

Section VII: Fees & Payments

  1. When the User uses their Account to avail any of the Services, Fit for Work shall be entitled to levy a service fee in consideration for allowing the Users access to the Services (the “Fee”). The User agrees to pay Fit for Work the Fee for using the Site’s communication, invoicing, dispute resolution and payment services, including hosting services as well as the Services.
  2. SUBSCRIPTION ACCOUNT – The User shall pay the subscription Fee as specified in the Invoice, upon registering for a Subscription Account, as Fee may be amended by Fit for Work from time to time, subject to written notice to the User. However, once a User selects a Subscription Account, the subscription Fee specified in the Invoice shall be locked in for a period of 12 months (“Subscription Period”), and Fit for Work shall not be entitled to revise the applicable subscription Fee on that Subscription Account until such Subscription Period has been extinguished, and the User thereafter wishes to renew the Subscription Period.  Once the User has submitted the Fee for the Subscription Account as specified in the corresponding Invoice, using the Payment Method, the User shall be entitled to run multiple evaluations, for any representative, agent, employee of the User that the User has provided a work email against with a common URL only, as the User may authorize Fit for Work to grant access to for the Subscription Period. For the purposes of absolute clarity, where the URL/email domain differs from the registered URL/email domain specified by the User, such URL/email domains shall be subject to extra charges, as specified by Fit for Work.
    1. For all Subscription Accounts, the corresponding Fee shall consist of:
      1. an annual software Fee payable, against which the User shall be granted access to the Platform for themselves and/or any representative, agent, employee of the User, that the User may authorize Fit for Work to grant access to; and
      2. an Evaluation Package Fee payable, against which the User shall be granted access to complete the designated number of evaluations (whether limited or unlimited, as the case may be) on the Site.
    2. ACCOUNT – If the User wishes to not register for a Subscription Account, then the User maintain a “pay per use” Account, and shall pay the standard Fee as specified in the Invoice, every time the User wishes to utilize the evaluation Service. Once the User has submitted the Fee for the evaluation Service under the Account as specified in the corresponding Invoice, using the Payment Method, the User shall be entitled to run only one evaluation for themselves.
    3. NO RETURN OF FUNDS – User hereby authorizes Fit for Work to charge User’s designated Payment Method for the Fee(s) for purchases made by User of certain Services, against which a valid Invoice has been issued by Fit for Work in favor of such User. Therefore, and in consideration of use of the Fit for Work web application, Site, and the Services provided by Fit for Work, the User hereby acknowledges, agrees, and affirms that once the User’s designated Payment Method for the Fee has been charged in accordance with this Agreement, the same shall be non-refundable, except as otherwise required by applicable law.
    4. The Parties acknowledge, and agree to the dispute resolution process and provisions of this Agreement, and shall adhere to them for resolution of any and all disputes arising under this Agreement and/or use of the Fit for Work web application and/or Site, and/or Services.  Accordingly, to the extent permitted by applicable law, the User shall not attempt to request, order, or direct its credit card company, bank, or other Payment Method provider to charge back any Fees, or other fees charged pursuant to this Agreement, any Invoice, and/or use of the Fit for Work web application, Site and Services for any reason.  A chargeback in breach of the foregoing obligation shall be deemed as a material breach of this Agreement.  If User initiates a chargeback in violation of this Agreement, the User agrees that Fit for Work may dispute or appeal the chargeback and institute collection action against User.
    5. TAXES – Any payments of the Fee due to or from any User under the Agreement and Invoice(s) shall be subject to all applicable taxes under the law.
    6. PAYMENT METHODS
      1. In order to use the Services and/or pay Fees on the Fit for Work web application and/or Site, the User must provide account information for at least one of the following valid Payment Methods:
        1. Credit card;
        2. Debit card;
  • Bank Transfer; and/or
  1. PayPal account.

 

For “pay per use” Accounts, only PayPal accounts shall be accepted as a Payment Method.  Wherein the User hereby authorizes Fit for Work to run authorizations on all credit/debit/bank transfers and/or PayPal account provided by the User, and to charge User’s credit/debit/bank transfers and/or PayPal account.

  1. By providing Payment Method information through the Fit for Work web application and/or Site, the User represents, warrants, and covenants that:
    1. User is legally authorized to provide such information;
    2. User is legally authorized to perform payments using the Payment Method(s); and
  • such action does not violate the terms and conditions applicable to the User’s use of such Payment Method(s) or applicable law.  \

 

  1. By authorizing a payment using a Payment Method via the Fit for Work web application and/or Site, the User represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment of the Fees using the designated Payment Method.  To the extent that any amounts owed under this Agreement cannot be collected from User’s Payment Method(s), the User is solely responsible for paying such amounts by other means.
  1. NON-PAYMENT – In the event that the User either (i) cancels its debit or credit card, (ii) initiates an improper chargeback, or (iii) commits any other act or omission; which leads to a failure on part of the User to pay any Fees and/or other amounts due, Fit for Work shall have the right to suspend or close the User’s Subscription Account and/or regular Account and revoke the User’s access to the Fit for Work web application and/or Site and/or Services.  Notwithstanding other remedies available to Fit for Work under the law, the User must pay Fit for Work upon first demand for amounts owed under the Agreement plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.  To the extent permitted by applicable law, Fit for Work shall reserve the right to set-off amounts due against other amounts received from or held by Fit for Work for the User, report such behavior to any law enforcement authorities and/or regulatory authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.

Section VIII: Relationship with Fit for Work

  1. All dealings between Users, including posts, communications, screening, selection, formation and execution of any documentation, and performance of the Services, shall remain between the Users, and not pertain to Fit for Work.   Fit for Work shall not, in any way, supervise, direct, or control User or User’s interaction with other users. Fit for Work makes no representations about, and does not guarantee or warrant the quality, safety, or legality of, the User’s interaction or communication with other Users; the truth or accuracy of User’s postings/Content on the Fit for Work web application and/or Site; the qualifications, background, or identities of Users; nor does Fit for Work promise to perform or endorse any background checks on the Users. The User hereby acknowledges and agrees that any information on the Fit for Work web application and/or Site about another User, including without limitation feedback, composite feedback, including a strength or risk score, geographical location is based solely on data that Users voluntarily submit to Fit for Work, and shall not constitute nor be construed as an endorsement, verification, testimonial, or recommendation by Fit for Work. The User’s execution of this Agreement and any Account registration will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between Users and Fit for Work.
  2. COMMUNICATIONS FROM USER TO Fit For Work – All notices to Fit for Work or our Affiliates intended to have a legal effect must be in writing and delivered either (a) in person; (b) by a means evidenced by a delivery receipt, to the following address: 74 South Bridge Rd., 02-01, Singapore; or (c) in writing via email to info@fitforworksg.com, and shall be deemed effective upon receipt by Fit for Work.  Fit for Work does not accept service of any legal process by email or mail; all such service should occur by hand delivery on Fit for Work or its registered agent for service of process.
  3. SITE LICENSE AND INTELLECTUAL PROPERTY RIGHTS – Fit for Work grants to the User a limited license to access and use the Fit for Work web application and Site for the purpose of using the Services.  The User shall only access (or attempt to access) the Fit for Work web application, Site or Services by the interface provided, and shall not use information from the Fit for Work web application, Site or Services for any purposes other than the purposes for which it was made available.  The User shall not use the Fit for Work web application, Site or the Services for offering any goods or services, unless specifically authorized by Fit for Work, on a case-by-case basis, and subject to the provisions and conditions of the Agreement.  The User shall not do any of the following without Fit for Work’s express prior written consent:
    1. sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Fit for Work web application, Site or Services in any way for any public or commercial purpose;
    2. use any content of the Fit for Work web application or Services on any other website or in a networked computer environment for any purpose except User’s own viewing;
    3. frame or link to the Fit for Work web application, Site or Services;
    4. attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of the Fit for Work web application, Site or the Services unless expressly permitted by applicable law.
    5. access the Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Fit for Work web application, Site and/or Services.

Fit for Work and its licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Fit for Work web application, Site and the Services.  The logos and names are trademarks of Fit for Work and may be registered in certain jurisdictions.  All other product names, company names, marks, logos, and symbols on the Fit for Work web application, Site and/or the Services may be the trademarks of their respective owners.  Except as expressly stated in this Agreement, nothing in the Agreement confers any license under any of Fit for Work’ or any third party’s Intellectual Property Rights, whether by estoppel, implication, or otherwise.

Section IX: Miscellaneous

  1. UNAUTHORIZED ACCESS AND USE; SITE INTERFERENCE; MALICIOUS SOFTWARE – The User shall not use any robot, spider, scraper, or other automated means to access the Fit for Work web application and/or Site for any purpose without Fit for Work’ express written permission.  The User shall not:
    1. access the audiovisual content available on the Fit for Work web application and/or Site for any purpose or in any manner other than streaming;
    2. take any action that imposes or Fit for Work reasonably believes may impose (in Fit for Work’s sole discretion) an unreasonable or disproportionately large load on the Fit for Work web application’s and/or Site infrastructure;
    3. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content the User has submitted to the Fit for Work web application and/or Site) from the Fit for Work web applications (“Content”), any software code that is part of the Fit for Work web application and/or Site, or any services that are offered on the Fit for Work web application and/or Site without the prior express written permission of Fit for Work and the appropriate third party, as applicable;
    4. interfere or attempt to interfere with the proper operation of the Fit for Work web application and/or Site or any activities conducted on the Fit for Work web application and/or Site;
    5. bypass any of Fit for Work’ measures to prevent or restrict access to the Fit for Work web application and/or Site or any subparts of the Fit for Work web application and/or Site, including, without limitation, features that prevent or restrict use or copying of any Content or enforce limitations on use of the Fit for Work web application and/or Site or the content therein;
    6. transmit chain letters, or other unsolicited communications;
    7. attempt to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Fit for Work web application and/or Site;
    8. collect, harvest, retain, forward, or use any personally identifiable information, including Account names, from the Fit for Work web application and/or Site;
    9. access any Content on the Fit for Work web application and/or Site through any technology or means other than those provided or authorized by the Fit for Work web application and/or Site;
    10. directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products, or services; or
    11. In addition to the aforementioned types of Content in Section IX (1)(C) hereinabove, the User shall not post, upload, display or otherwise make available Content that, inter alia promotes, supports, represents, advocates, threatens, contains and/or condones:
  2. any form of racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. harassment or intimidation of another person;
  • requests money from, or is intended to defraud, other Users of the Service;
  1. spam or solicits users of other applications;
  2. information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  3. an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, images, audio or video files or links to them, or infringement of any other person’s Intellectual Property Rights, in any manner whatsoever;
  • video, audio photographs, or images of another person without his or her express permission (or in the case of a minor, the minor’s legal guardian);
  • restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  1. material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  2. provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
  3. viruses, time bombs, trojan horses, cancelbots, worms, any invalid data or other harmful or malicious software code, or disruptive codes, components or devices, agent, hidden procedure, routine, or mechanism through or to the Fit for Work web application and/or Site and/or the Fit for Work web applications Software that is designed to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow the User or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Fit for Work web application and/or Site or any other software, firmware, hardware, computer system, or network of Fit for Work or any third party;
  • an impersonation of, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  • provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and Confidential Information);
  • provides information or data that is false, inaccurate, incorrect, incomplete, and/or misleading;
  1. disruption the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; and
  • solicitation of passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission.
    1. Fit for Work reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates the provisions of this Section IX, including removing the offending communication from the Service and terminating or suspending the account of such violators.
    2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USER’S USE OF THE SERVICE IS ACCESSED AT THE USER’S OWN DISCRETION AND RISK, AND THE USER SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVES ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO THE USER’S DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF THE USER DOES NOT ACCEPT THIS LIMITATION OF LIABILITY, THEN SUCH USER SHALL NOT BE AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
  1. THIRD-PARTY VERIFICATION – The Fit for Work web application and/or Site make available various services provided by third parties to verify a User’s credentials and provide other information.  Any information or content expressed or made available by these third parties or any other Users is that of the respective author(s) or distributor(s) and shall not be deemed to be the stance, opinion, or belief of Fit for Work.  Fit for Work neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Fit for Work web application and/or Site by anyone other than Fit for Work’ authorized employees acting in their official capacities.
  2. LINKS AND APPLICATIONS – The Fit for Work web application and/or Site may contain links to third-party websites.  The Fit for Work web application and/or Site may also contain applications that allow the User to access third-party websites via the Fit for Work web application and/or Site.  Such third-party websites are owned and operated by the third parties and/or their licensors.  Fit for Work does not warrant or guarantee access and use of third-party websites, including online communication services, such as chat, email, and calls will be governed by the terms and policies of the applicable third-party websites. The User acknowledges and agrees that Fit for Work is not responsible or liable for the availability or accuracy of third-party websites; or the content, advertising, or products on or available from third-party websites.  The User shall access third-party websites by clicking on a link, or installing an application at the User’s sole risk and discretion.
  3. MOBILE AND OTHER DEVICES – When using the Fit for Work web application and/or Site, the User agrees and acknowledges that the User’s carrier’s normal rates and fees, such as text messaging and data charges, shall still apply.
  4. SITE UPDATES – Fit for Work may from time to time in its sole discretion develop and provide Fit for Work web application and/or Site and/or Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”).  Updates may also modify or delete in their entirety certain features and functionality.  The User agrees that Fit for Work does not have any obligation to provide any Updates or to continue to provide or enable any particular features or functionality.  The User shall promptly download and install all Updates, as and when required by Fit for Work, and the User hereby acknowledges and agrees that Fit for Work web application and/or Site and/or Services or portions thereof may not work properly should the User fail to do so. The User further agree that all Updates will be subject to the terms of the Agreement, unless otherwise provided in terms associated with such Update.  Fit for Work reserves the right, at any time, to modify, suspend, or discontinue Services or any part thereof without notice.  The User agrees Fit for Work will not be liable to you or any third party for any modification, suspension, or discontinuance of Services or any part thereof.
  5. CONFIDENTIALITY
    1. Unless otherwise specified in the Agreement, all information exchanged during the course of the Agreement (“Confidential Information”) shall be regarded as confidential between the Parties and shall not be disclosed to any unauthorized person or used by the recipient other than for the purpose to which it relates. Any authorized disclosure to another person(s) shall be on the same terms as to confidentiality as contained in this clause. Parties hereby agree to make available Confidential Information only to those of their employees who need to have access to it for the purposes of this Agreement and to obligate such employees correspondingly to the extent legally permissible.
    2. If, for the purposes of this Agreement, a Party discloses any Confidential Information to its employees, it shall notify such employees of the confidential nature thereof and make all necessary efforts and take all precautions to bind such employees to keep the Confidential Information strictly confidential.
    3. During and after the tenure of this Agreement if any Confidential Information is received by a Party under or by virtue of this Agreement the same shall be maintained in the strictest of confidence and trust.
    4. The obligation of confidentiality and limited use shall survive termination of this Agreement and continue even after the termination or expiry of this Agreement.
  6. WARRANTY DISCLAIMER – The Fit for Work web application and the Services are provided “as is” and on an “as available” basis.  Fit for Work makes no express representations or warranties with regard to the Fit for Work web application, the Services, or any activities or items related to this Agreement.  To the maximum extent permitted by applicable law, Fit for Work disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement.  Some jurisdictions may not allow for all of the foregoing limitations on warranties, so to that extent, some or all of the above limitations may not apply to the User.

Section X : Liability And Indemnities

  1. LIMITATION OF LIABILITY – The Parties agree that Fit for Work shall not be liable for any damages or losses arising out of or in connection with the Agreement, including, but not limited to:
  2. The User’s use of or inability to the Fit for Work web application(s), Site, and/or Services;
  3. delays or disruptions in the Fit for Work web application(s), Site, and/or Services;
  4. viruses or other malicious software obtained by accessing, or linking to, the Fit for Work web application(s), Site, and/or Services;
  5. glitches, bugs, errors, or inaccuracies of any kind in the Fit for Work web application(s), Site, and/or Services;
  6. damage to the User’s hardware device from the use of the Fit for Work web application(s), Site, and/or Services;
  7. the content, actions, or inactions of third parties’ use of the Fit for Work web application(s), Site, and/or Services;
  8. a suspension or other action taken with respect to the User’s Account;
  9. the User’s reliance on the quality, accuracy, or reliability of profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Fit for Work web application(s) and/or Site;
  10. any evaluations (or results thereunder) conducted for and on behalf of the User, whether in person or virtually, by any third-party, consultant, representative, or employee of Fit for Work, other than the evaluations strictly run directly by the User on the Fit for Work web applications, Site and/or Services
  11. the User’s need to modify practices, content, or behavior as a result of changes to the Agreement.

The liability of Fit for Work, its Affiliates, licensors, and third-party service providers to the User for any claim arising out of or in connection with this Agreement shall not exceed the Fees paid by the User in the preceding six months such claim.  These limitations will apply to any liability, arising from any cause of action whatsoever arising out of or in connection with this Agreement, whether in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose.  Some jurisdictions do not allow for all of the foregoing exclusions and limitations, so to that extent, some or all of these limitations and exclusions may not apply to the User.

  1. RELEASE – The User hereby releases Fit for Work, its Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute that the User may have with another user, whether it be at law or in equity.
  2. INDEMNIFICATION – The User shall indemnify, defend, and hold harmless Fit for Work, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by the User, a third party, or another User against an Indemnified Party relating to: (a) use of the Fit for Work web application(s) and the Services by User, including any payment obligations incurred through use of the Services; (b) the User’s failure to comply with the Agreement; (c) User’s failure to comply with applicable law(s) and/or regulation(s); (d) User’s negligence, willful misconduct, or fraud; and (e) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by the User. Additionally, in no event shall Fit for Work, its Affiliates, licensors, or third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities.

Section XI: Term and Termination

  1. The Agreement come into full force and effect on the later of the Effective Date or upon registration of an Account in the User’s name, and shall remain in valid and if force for the duration of the User’s use of the Fit for Work web application(s) or Services, unless otherwise terminated earlier in accordance with the provisions of this Agreement.  Unless both Parties expressly agree otherwise in writing, either Party may terminate this Agreement in its sole discretion, at any time, without explanation, upon written notice to the other, except as otherwise provided herein.  User may provide written notice to info@fitforworksg.com.
  2. In the event of termination, the User’s right to use the Fit for Work web application(s), Site and the Services shall be automatically revoked, and Account shall be closed; however, the User shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Fit for Work for any Services availed up to the date of termination.  Termination of this Agreement for any reason shall not release the User or Fit for Work from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
  3. Without limiting Fit for Work’s other rights or remedies, it may temporarily suspend, indefinitely suspend, or permanently revoke the User’s access to the Fit for Work web application(s), Site, and/or the Services, and refuse to provide any or all Services to the User if: (i) the User breaches the letter or spirit of any terms and conditions of this Agreement; (ii) Fit for Work suspects or becomes aware that the User provided false or misleading information to Fit for Work; or (iii) Fit for Work believes, in its sole discretion, that the User’s actions may cause legal liability for Fit for Work, its other Users, or its Affiliates; may be contrary to the interests of the Fit for Work web application(s), Site, or the User community; or may involve illicit activity.  If the User Account is suspended or closed, the User may not use the Fit for Work web application(s) or Site under the same Account or a different Account or reregister under a new Account without Fit for Work’s prior written consent.  If the User attempts to use the Fit for Work web application(s) or Site, under a different Account, Fit for Work reserves the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by the User to the extent permitted by applicable law.
  4. Without limiting Fit for Work’s other rights or remedies, if the User engages in actions or activities that circumvent the Fit for Work web application(s) and/or Site or otherwise reduce Fees owed Fit for Work or its Affiliates under the Agreement, the User shall pay Fit for Work, and authorize Fit For Work or its Affiliate to charge the User, for all Fees owed to Fit for Work and its Affiliates, all losses and costs (including any and all time expended of Fit for Work’ employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.  In addition, violations of the Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
  5. If the User Account is closed for any reason, the User shall no longer have access to data, files, and other material pertaining to the closed Account kept on the Fit for Work web application and/or Site.  If practicable or required by law, Fit for Work shall retain this information along with all previous posts and proposals for a period of up to one years from the date of closure.  However, the User understands, acknowledge, agrees, and affirms that any closure of the User Account may involve deletion of any content stored in the User’s Account for which Fit for Work shall have no liability whatsoever.
  6. Except as otherwise required by applicable law, Fit for Work shall notify the User closing the Account, unless it believes, in its sole judgment, that giving notice may cause damage.  The Parties acknowledge and agree that the value, reputation, and goodwill of the Fit for Work web application(s) depend on transparency of User’s Account status to all Users, including both the User and other Users who have interacted and/or communicated with the User.  The User therefore agrees as follows: IF FIT FOR WORK DECIDES TO SUSPEND OR CLOSE THE ACCOUNT, FIT FOR WORK HAS THE RIGHT BUT NOT THE OBLIGATION TO:  (A) NOTIFY OTHER USERS THAT HAVE INTERACTED AND/OR COMMUNICATED WITH THE USER TO INFORM THEM OF THE USER’S SUSPENDED OR CLOSED ACCOUNT STATUS, AND (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR THE ACCOUNT SUSPENSION OR CLOSURE.
  7. SURVIVAL – After this Agreement terminates, the terms of this Agreement that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect.  For example, the provisions protecting Confidential Information, requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of Fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates.

Section XII: Dispute Resolution/Arbitration

  1. DISPUTE PROCESS AND SCOPE – For any and all disputes arising between the Parties (where such dispute shall be either between the User and Fit For Work, or between the User and other users of the Fit for Work web applications and/or Services), and/or Fit For Work’ Affiliates the Parties agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, or the Services (each, a “Claim”) in accordance with this Section XII.  For the purposes of abundant clarity, Claims include, without limitation, all claims, disputes, or controversies arising out of or relating to the Agreement, any payments or monies the User claims are due to them from Fit For Work or its Affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, termination, discrimination or harassment and claims arising under statutes or regulations addressing the same or similar subject matters, and all other legal claims arising out of or relating to the Parties’ relationship with one another, or the termination of that relationship. The Parties agree that any Claim must be resolved as described in the subsections below titled “Informal Dispute Resolution” and “Mandatory Binding Arbitration.”
  2. CHOICE OF LAW – This Agreement, and any Claim will be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
  3. INFORMAL DISPUTE RESOLUTION – Prior to serving a demand for arbitration of a Claim, the User shall first notify Fit for Work of the Claim at Attn: Georgina Hannigan, Director, Fit for Work Pte Ltd 74 South Bridge Rd #02-01, Singapore 058704or by email to info@fitforworksg.com, and Fit for Work agrees to provide to the User with notice at the User’s email address on file (in each case, a “Notice”) and seek informal resolution of the Claim.  All Notices from User shall include the User’s name, pertinent account information, a brief description of the Claim, and contact information, to enable Fit for Work to evaluate the Claim and attempt to informally and quickly resolve the Claim.  Any Notice from Fit for Work to the User must include pertinent Account information, a brief description of the Claim, and the User’s contact information, enable the Fit for Work to evaluate the Claim and attempt to informally and quickly resolve the same.  In the event that the Parties have not successfully informally resolved the claim within 30 days from the date of the receipt of the Notice, the Parties shall proceed with the Claim to Arbitration in accordance with Section XII(4) hereunder.
  4. MANDATORY BINDING ARBITRATION – This Mandatory Binding Arbitration provision (“Arbitration Provision”) applies to all Users. In the unlikely event the Parties are unable to resolve a Claim within 30 days of the receipt of the applicable Notice, the User, Fit for Work, and its Affiliates agree to resolve the Claim by binding arbitration before an arbitrator under the UNCITRAL Rules of the Singapore International Arbitration Centre (“SIAC”).  This Arbitration Provision applies to any Claim the Parties may have and survives beyond the termination/expiration of their relationship.  This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. Except as otherwise provided herein, arbitration will be conducted in Singapore. The Parties agree that any Party shall have the right to appear at the arbitration by telephone and/or video rather than in person. The Parties shall follow the applicable UNCITRAL Rules with respect to arbitration fees.  The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court.  Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. Either Party may apply to a court of competent jurisdiction for provisional injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that Party may be entitled may be rendered ineffectual without such relief; the arbitrator will render the final judgment in the matter.  Regardless of any other terms of this Arbitration Provision, a Claim may be brought by or to, and remedies awarded by, an administrative agency if applicable law permits the agency to adjudicate, investigate or prosecute the claim notwithstanding the existence of this Agreement to arbitrate.  Nothing in this Arbitration Provision will be deemed to preclude or excuse a Party from bringing an administrative claim before any agency in order to fulfill the Party’s obligation to exhaust administrative remedies before making a claim in arbitration, if any.
  5. INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION – This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims.  For the avoidance of doubt, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision.  All such matters shall be decided by an arbitrator and not by a court.  The Parties expressly agree that the arbitrator and not a court will decide any question of whether the Parties agreed to arbitrate, including but not limited to any claim that all or part of this Agreement is void or voidable. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable to the fullest extent permitted by law.

Section XIII : General Provisions

  1. ENTIRE AGREEMENT – This Agreement sets forth the entire agreement and understanding between the User and Fit for Work relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between the Parties, written or oral, to the extent they relate in any way to the subject matter hereof and thereof.  The section headings in the Agreement are included for ease of reference only and have no binding effect.  Even though Fit for Work has drafted the Agreement, the User represents that they had ample time to review and decide whether to agree to the Agreement.  If an ambiguity or question of intent or interpretation of the Agreement arises, no presumption or burden of proof will arise favoring or disfavoring the Parties because of the authorship of any provision of the Agreement.
  2. MODIFICATIONS – No modification or amendment to the Agreement shall be binding upon Fit for Work unless in a written instrument signed by a duly authorized representative of Fit for Work.  For the purposes of this subsection, a written instrument will expressly exclude electronic communications, such as email and electronic notices, but will include facsimiles.
  3. NO WAIVER – Notwithstanding anything to the contrary in this Agreement, the failure or delay of either Party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that Party’s right to later enforce or exercise it, unless such Party issues an express written waiver, signed by a duly authorized representative of such Party.
  4. ASSIGNABILITY – User may not assign any of its rights or obligations hereunder, for any reason whatsoever.  Fit for Work may freely assign this Agreement without User’s consent.  Any attempted assignment or transfer in violation of this subsection will be null and void.
  5. SEVERABILITY – If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the Parties.  The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
  6. FORCE MAJEURE – Neither Party shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.  The time for performance of such Party shall be extended by the period of such delay.  Irrespective of any extension of time, if an event of Force Majeure occurs and its effect continues for a period of 30 days, either Party shall have the right to give to the other a notice of termination with immediate effect.
  7. PREVAILING LANGUAGE AND LOCATION – The English language version of the Agreement and shall be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any.  The Fit for Work web applications and Site are controlled and operated from our facilities in Singapore.  Fit for Work makes no representations or warranties that the Fit for Work web applications and/or Site are appropriate or available for use in other locations.  Those who access or use the Fit for Work web applications from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable foreign, and local laws and regulations, including, but not limited to, export and import regulations.

 

Updated: 9th August 2021