GENERAL TERMS AND CONDITIONS

This General Terms and Conditions form the Agreement between you (Client) and World Health SafetyTec Pte. Ltd. (WHST).

1. DEFINITIONS AND INTERPRETATION 

“Charges” shall refer to the fees payable to WHST by you for the provision of the Service (including, as applicable, the one-time subscription fee and any other relevant charges).
“Client” shall refer to user or subscriber of Safety MVP and/or LMS MVP.
“LMS MVP” shall refer to the Leave Management System electronic platform. 
“MOM” shall refer to Ministry of Manpower.
“Safety MVP” shall refer to the bizSAFE Level 3 electronic documentation platform. 
“Service” or “Services” shall refer to user access to Safety MVP and LMS MVP, including bizSAFE Level 3 consultation and certification audit.
“WHST” shall refer to World Health SafetyTec (UEN 200907946M) who is the owner of the Safety MVP and LMS MVP. 
“WSH” shall refer to Workplace Safety and Health.

2. DISCLAIMER 

2.1. WHST is not a certification body / accreditation body for providing certification or renewal certification for bizSAFE Level 3.  We are independent body and has no relationship with any certification body and accreditation body.
2.2. Successful certification or renewal of bizSAFE Level 3 is subject to the approval of the relevant authority. WHST will do the necessary to assist the client to attain biSAFE Level 3.

3. ELIGIBILITY FOR SERVICES 

3.1. Client must be a company, business, partnership or organization incorporated or registered with the Accounting and Corporate Regulatory Authority of Singapore (ACRA) or such equivalent authority in your country of incorporation or registration. 
3.2. WHST reserves the right to decline acceptance of your application at its sole discretion.

4. APPLICATION OF GENERAL TERMS AND CONDITIONS

4.1. These General Terms and Conditions shall apply to each and all the Services (whenever applied for or provided to you) in addition to any Application Form except to the extent, if any, expressly excluded in the Application Form.
4.2. In the event of any conflict or inconsistency between the General Terms and Application Form, such conflict or inconsistency shall, in the absence of any express agreement to the contrary, the most stringent requirement will take precedence. 
4.3. WHST reserves the right to change or modify any of the General Terms and Conditions applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you. Unless otherwise specified, any changes or modifications will be effective immediately upon notification. 

5. CHARGES AND PAYMENT 

5.1. The price(s) for the Services that the Client has subscribed for has been set out in the Application Form. 
5.2. WHST reserves the right to revise the subscription fees and/or void the contract if the following information provided during initial subscription to Safety MVP and/or LMS MVP is inaccurate. 
5.2.1. Inaccurate declaration on the number of employees for subscription to Safety MVP.
5.2.2. Inaccurate declaration on the number of risk assessments for subscription to Safety MVP.
5.2.3. Inaccurate selection of business sector for subscription to Safety MVP.
5.2.4. Inaccurate declaration on the number of employees for subscription to LMS MVP.
5.3. Clients who require bizSAFE Level 3 renewal service shall provide all the supporting documents that were submitted to Workplace Safety & Health Council (WSHC) during previous certification.  Unavailability of such documents, especially risk assessments and safe work procedures, may result in additional charges.
5.4. Client may be charged additional fees for the WSH consultancy services that are excluded from this Service/subscription plan.  Refer to “Section 6: Excluded Services” for details. 
5.5. Any additional charges incurred will be via offline payment process (cheque, bank transfer or PayNow, etc).
5.6. The fees and charges may change from time to time and the notice of at least 30 days shall be given for such change.
5.7. Once the fees and charges are paid by the subscribers the same shall not be refundable under any circumstances.

6. EXCLUDED SERVICES FROM SUBSCRIPTION PLAN

6.1. The following onsite consultancy services are excluded:
6.1.1. Conduct any onsite meeting/ risk assessment/ inspection at Client’s workplace.
6.1.2. Conduct any onsite briefing/ training such as risk management awareness training, safe work procedures, risk assessments, etc. 
6.1.3. Conduct any onsite pre-audit on client’s risk management system. 
6.2. The online workplace safety and health advisory and consultation services that are excluded from the subscription plan and therefore are likely to be chargeable separately will be under the discretion of WHST.  Examples include but not limited to the following: 
• Development of specific risk assessments and safe work procedures. 
• Preparation of incident investigation report and submission of MOM iReports.

7. RENEWAL OF SERVICE 

7.1. WHST will remind the Client on the expiry of the Service Term before the Service Term ends. 
7.2. Client needs to formally inform WHST by accepting or rejecting the quotation whether he/she wants to continue with the Services.

8. DEACTIVATION AND SUSPENSION OF SERVICES

WHST will carry out the deactivation and Suspension of Client’s Services under the following circumstances:
8.1. If the Client decides not to accept the quotation for the renewal of Services, Client’s access to the Services will be deactivated on the subscription due date.  
8.2. If the Client’s subscription fee is not paid within the grace period even after reminders from WHST. 
8.3. A breach of the Terms and Conditions by the Client which is irremediable or, if remediable, is not remedied by the Client within the grace period provided. 
8.4. If WHST suspects that the Client’s account has been compromised or accessed by an unauthorized person.
8.5. Client has infringed WHST or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

9. SCHEDULED MAINTENANCE OF SERVICES 

WHST shall from time to time and with prior notice perform scheduled maintenance on the Safety MVP and LMS MVP.  During the scheduled maintenance, the Safety MVP and LMS MVP may not be accessible by the Clients. 

10. PERSONAL DATA COLLECTED

WHST may collect information about the Client and their employees for use of the Services.
10.1. Account Setup Information
10.1.1. Names
10.1.2. Email addresses, residential addresses and contact numbers
10.1.3. Electronic signatures
10.2. Transaction Information
  Transaction information used to process payment will be collected from the Client. 
10.3. Retention of Personal Data
If the Client’s account is deactivated or closed, WHST will archive the personal data together with all the bizSAFE Level 3 related documentations.  Such information/data may also be deleted by WHST from the system database. 
10.4. Protection of Personal Data 
While WHST is dedicated to securing our systems and Services, each Client is responsible for securing and maintaining the privacy of their respective password(s) and personal data. 

11. CONFIDENTIALITY AGREEMENT

All data and information in the Safety MVP and LMS MVP will be kept as highly confidential.  WHST will not disclose clients’ data and information to a third party (except the bizSAFE Level 3 auditor and approving authority) without their consent, unless WHST is required or authorized to do so by law or other regulations.  Only relevant information required as audit evidences will be made available to the bizSAFE Level 3 auditor and approving authority. 

12. WARRANTY DISCLAIMER

The Client understands and agrees that the Safety MVP and LMS MVP are provided to them on an “As Is” and “As Available” basis. WHST makes no representations or warranties that the use of the Safety MVP and LMS MVP will:
• Be timely, uninterrupted or error-free or operate in combination with any other hardware, software or system.
• Meet Client’s requirements or expectations. 
• Be free from errors or that defects will be corrected.
• Be free of viruses or other harmful components.
• Be entirely secure or that the information the Client share will be secured. 

13. INDEMNITY

WHST and any of its directors and employees shall not be liable from and against any and all damages, costs, liability, and expense incurred by reason of directly and/or indirectly any fines and/or penalties imposed any government and/or private authorities and public; injury to or death of any person or any damage to or loss of property; any breach by 'the Consultant' of any representation, warranty, covenant or agreement under this Agreement.
Whilst reasonable care is taken by WHST to ensure that the advice given to the Client is correct, the company or any of its directors and employees shall not be liable or responsible for any loss, damage or claim of whatsoever nature including but not limited to pure economic loss and any consequential loss however arising, occasioned by the implementation of such advice.

14. INTELLECTUAL PROPERTY RIGHTS

14.1. WHST shall not be held liable for any third party claims relating to infringement of any intellectual property rights in relation to the content uploaded or submitted by client to Safety MVP or LMS MVP.
14.2. Other than the content uploaded or submitted by client, the Services, all contents and all software available on the services or used to create and operate the services is the property of WHST, and is protected by applicable copyright laws, and all rights to the services, such content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the services are the property of their respective owners.

15. RESERVATION OF RIGHTS

WHST reserves the right to make periodic changes to the Safety MVP and LMS MVP at any time, without notice. 

16. LINKS TO THIRD PARTY WEB SITES 

The Safety MVP and LMS MVP may provide links or references to third party websites. These links are provided merely as a convenience to the subscribers of the platforms. WHST is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of content on such third party websites.

17. ADVERTISEMENT AND PROMOTIONS 

Your usage of our Services implies to give permission to let WHST use Your name or name of Your company (in case User is a business entity) as customer of WHST and as deemed fit may be covered under client list, testimonials, case study, video interview or mention on any other media without any fees/commercial payment. WHST may run advertisements and promotions from third parties on the services.

18. USER CONDUCT & RULES 

You hereby agree and confirm:
18.1. That your use of this Service is for lawful purposes only. By accepting these General Terms and Conditions on accessing the Services, you agree to be in full compliance with all the applicable laws, rules, regulations and guidelines.
18.2. That you have and will continue to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
18.3. That WHST will not be responsible for verifying any content or information provided by you to us.
18.4. That you shall be solely responsible for all activities undertaken through your user account, whether or not you have authorized such activities or actions and shall, at all times, keep WHST indemnified in this regard.
18.5. You agree and undertake to use the Services strictly abiding by the following principles
• You will not upload, publish, host, transmit, display, modify, update or share any information that, in the sole discretion of WHST:
o Is grossly racial, harmful, sexual, harassing, defamatory, obscene, pornographic or otherwise unlawful in any manner whatsoever.
o Involves an illegal or unauthorized use of copyrighted work.
o Is not belonging to you or to which you have no rights.
o Refers to any website or URL that contains material that is inappropriate for the Services.
o Contains software viruses, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
• You will not promote or try to gain unauthorized access or exceed the scope of authorized access to Safety MVP / LMS MVP and its connected network.
• You will not interfere with another user's use of Safety MVP / LMS MVP.
• You will not violate any law currently in force in anywhere of the world.
• You will not attempt or otherwise impersonate another person during the use of Safety MVP / LMS MVP.
• You will not use any automatic device, program, or methodology including but not limited to “deep-link”, “page-scrape”, “robot”, “spider” or other such means, or any similar manual process, to access, acquire or copy any portion of Safety MVP / LMS MVP or any content within.
• You will not attempt to gain unauthorized access to any portion or feature of Safety MVP / LMS MVP, or any other systems or networks connected to Safety MVP / LMS MVP.
• You will not probe, scan or breach the vulnerability of Safety MVP / LMS MVP or any network connected to Safety MVP / LMS MVP.
• You will not engage in any activity that inflicts an unreasonable or abnormal load on Safety MVP / LMS MVP or any systems or networks connected to Safety MVP / LMS MVP.
• You will not use Safety MVP / LMS MVP or any content for any purpose that is unlawful or prohibited by these General Terms and Conditions.
• You will not do anything that could disable, overburden, or impair the proper working or appearance of Safety MVP / LMS MVP, such as a denial of service attack or interference with page rendering or other website functionality. You will not collect users' content or information, or otherwise access Safety MVP / LMS MVP, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
• You will not upload viruses or other malicious code.
18.6. Upon termination or cancellation of your subscription, you shall not access or use or assist any other person to access or use Safety MVP / LMS MVP for the following purposes:
• Any unauthorized use, including without limitation any usage of the content provided on Safety MVP / LMS MVP not in conformity with the rights granted with respect to the same, may violate third party intellectual property rights as well as the laws of privacy for which You shall be solely responsible;
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
• Breaching any applicable laws;
• Using or attempting to use any engine, software, tool, agent or other device or mechanism to manipulate Safety MVP / LMS MVP or to reverse engineer it by copying, modifying, decompiling or dissembling; and/ or
• Gaining or attempting to gain unauthorized access to any part or feature of Safety MVP / LMS MVP or any other systems or networks connected to Safety MVP / LMS MVP or to any server, computer network, by hacking or any other illegitimate means

I confirm I have read and hereby accepted the Terms and Conditions stated herein.