Terms of Service

Subject to your compliance with these Terms, WERK grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

You shall use the Services in accordance with these Terms and shall not:

• Upload any content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.

• Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.

• Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.

• Violate any applicable laws, rules or regulations in connection with your access or use of the Services.

• Use the Services in violation of or to circumvent any sanctions or embargo.

• Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of WERK or its affiliates, partners, suppliers or licensors.

• Use the Services for any purpose for which it is not designed or intended.

• Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by WERK.

• Use any proprietary information or interfaces of WERK or any other intellectual property of WERK in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.

• Use the Services to send, post, or otherwise communicate any content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.

• Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.

• Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.

• Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.

• Collect any information in respect of other users without their consent.

• Commit any act to avoid paying any applicable fees and/or charges.

• Attempt to and/or engage in any activity or act that is intended to abuse, abuse or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such acts and activities include but are not limited to: creating fake or duplicate accounts; generating fake engagements; engaging, reviewing and hiring your own services. 

• Authorise or encourage anyone to do any of the foregoing.

WERK reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.

You would need to have an account with WERK (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:

• If you are an individual, you are at least 18 years of age.

• If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.

• You are capable of entering into and performing legally binding contracts under applicable law.

• All information which you provide is accurate, up to date, truthful and complete.

If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:

• Keep your password secure.

• Keep your account information up to date at all times.

Comply with all applicable Singapore’s laws with respect to your activities and the Content which you upload to the Services.

You cannot use as a Profile name the name of another person (such as a celebrity), brand or company, have a Profile name that is offensive, vulgar or obscene, or create an account with a Profile name that you have no connection with just to profit from it in the future (known as “Profile Name Squatting”). It’s also important that your Profile name is appropriate for all audiences and doesn’t infringe anyone’s rights, including intellectual property rights (such as copyright and trade marks) (“IP Rights”).

If any of these issues occur over your Profile name, we’ll consider the circumstances reasonably and may require you to change it (and we may reassign it to someone else). If you refuse, we may suspend or cancel your account.

Creation of multiple accounts for the purpose of reposting the same job or spamming the forum is strictly prohibited. Each user should maintain a single account for posting jobs.

If you’ve not signed in or made any changes to your account in the last 6 months we may reclaim or reassign your Profile name (but never without contacting you first).

Unless expressly permitted by WERK and subject to these Terms and any other additional terms as WERK determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission. 

You may be charged a listing fee in accordance with WERK’s prevailing listing fees’ rules and charges.

You acknowledge and agree that:

• WERK does not represent or warrant that any WERK Fees paid or payable will lead to a like, offer, chat and by extension, sale; and

• there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.

The Services provide a platform for users to interact with each other, and to provide or engage services. WERK does not pre-screen a user or the Content provided by a user, nor is WERK directly involved in transactions and interactions between users. Consequently, WERK has no control over, and you agree that WERK is not responsible or liable for, any of the following:

• The quality, safety, morality or legality of any aspect of the services listed and provided.

• The truth or accuracy of the listings, the ability of service providers to provide the service or the ability of employers to pay for the services.

• The true identity, age, nationality, or sense of humour of a user.

• Any Content posted by users.

You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about a service which a user has put up on the platform. However, please exercise common sense and good judgement in your interactions with other users. While WERK endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.

The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).

You retain ownership rights in the Content which you upload or share on the Services but you grant WERK a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to WERK’s Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.

You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.

You acknowledge that WERK does not pre-screen Content uploaded by users. WERK shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, WERK shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:

• If the Content is in breach of these Terms.

• If WERK has received a complaint or notice of infringement in respect of the Content.

• If the Content is otherwise objectionable.

WERK may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.

In using the Services to post a job opening and/or offer a service (as the case may be), you agree to comply with the following:

• Each job opening and/or offer of services must have its own listing.

• Job opening and/or offer of services may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.

• Job opening and/or offer of services must be listed in the appropriate category. All job listings must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies issued by the Ministry of Manpower of Singapore including the Tripartite Guidelines on Fair Employment Practices and the Tripartite Guidelines on Non-Discriminatory Job Advertisements (as may be amended or updated).

• Where a specific attribute (“Specific Attribute”) in your job listing has to be included and where the Special Attribute may be viewed as discriminatory, you shall ensure that the Specific Attribute is a reasonable requirement for the job listed. You must provide the reason for requiring the Specific Attribute in your job listing.

• Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites.

• Users are prohibited from posting duplicate content or spamming the forum with repetitive or substantially similar job listings.

You acknowledge and agree that WERK has no control over any website other than our Services and shall not in any event be responsible or held liable for any expired job listing which appears on any website other than our Services or any expired job listing which is retrieved by any search engine.

You acknowledge that WERK does not pre-screen Listings uploaded by users. WERK shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Listings that are available on the Jobs or Services. Without limiting the foregoing, WERK shall have the right to remove Listings, without liability or the obligation to offer a refund, in any of the following events:

• If the Listing is in breach of these Terms.

• If WERK has received a complaint or notice of infringement in respect of the Listing.

• If the Listing is otherwise objectionable.

WERK may also block Listing and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Listings as part of efforts to protect the Services or users, or to otherwise enforce these Terms.

Without prejudice to the rest of these Terms and WERK’s policies, you warrant, in respect of each job opportunity, that:

• All selection criteria stated in a job listing are clear, objective and relevant and does not refer to age, race, language, gender, marital status and religion, except where it is a Specific Attribute.

• The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.

All offers made and accepted through the Services are binding.

If you are a service provider who has accepted to provide an employer your service:

• You agree to complete the transaction with the employer in a prompt manner unless there is an exceptional circumstance, for instance, if  you cannot authenticate the employer's identity.

• You may not alter the listing's price after a sale, or misrepresent the listing's location and price.

If you are an employer whose offer for a service has been accepted by a service provider, you agree to make prompt payment to the service provider for the service, unless there is an exceptional circumstance, for instance, if you cannot authenticate the service provider’s identity.

In communicating with a user through the Services for the offering of or acceptance of a job listing (each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.

Notwithstanding the foregoing, as WERK is not involved in Transactions which are considered solely between users, WERK cannot ensure that a user (whether as an employer or service provider) would follow through and complete a Transaction.

If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to WERK, WERK will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release WERK from any claims, demands and damage arising out of your disputes with users of our Services.

Your privacy is very important to us at WERK and we have provided the WERK Privacy Policy to explain our privacy practices. Please review the Privacy Policy to understand how WERK collects, uses and discloses information collected and received from you.

You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of WERK. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of WERK. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by WERK.

The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licences applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.

You are not authorised by WERK to use WERK’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of WERK, which may be withheld for any or no reason.

WERK respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please contact us at support@werk.sg.

WERK reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.

You may deactivate your Account at any time through the “Settings” section of your Account.

WERK reserves the right to, at its sole discretion, and without liability:

• Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.

• Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.

• Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.

• Suspend or terminate your Account and/or your access to the Services at any time, in the event of any act, threats of, verbal and/or written abuse against any WERK user, WERK employees, representatives and/or officer. 

You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.

Upon termination, all licences and rights granted to you in these Terms will immediately cease.

You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

WERK does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and WERK’s servers are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). WERK is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

No advice or information, whether oral or written, obtained by you from WERK or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that WERK has no obligation to support or maintain the Services.

WERK disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. WERK is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services. 

In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. WERK does not accept any responsibility in connection with your participation in activities conducted by any other party.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

IN NO EVENT SHALL WERK OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WERK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WERK’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY WERK IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Nothing in these Terms shall apply to or in any way limit or exclude WERK’s liability for: (a) death or personal injury caused by its negligence; (b) dishonesty, deceit or fraudulent misrepresentation; or (c) liability which may not otherwise be limited or excluded under any applicable laws and regulations.

You will indemnify and hold harmless WERK, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.

WERK does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that WERK and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

WERK reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as WERK deems appropriate.

You and WERK are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

Except as provided herein, any failure by WERK to exercise a right or require performance of an obligation in these Terms shall not affect WERK’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

These Terms constitute the entire agreement between you and WERK and supersedes all prior or contemporaneous understandings and/or agreements between you and WERK.

You hereby agree that the laws of Singapore shall govern these Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.