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ACCESS TO THE SITE IS GRANTED BY GRADGREENHOUSE.COM SUBJECT TO THE FOLLOWING CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE CONDITIONS, PLEASE DISCONTINUE YOUR ACCESS.
CONDITIONS OF ACCESS FOR GRADGREENHOUSE.COM("Conditions of Access")
This page states the Conditions of Access which govern your use of GradGreenhouse.com. Please read this page carefully. If you do not accept the terms and conditions stated herein, do not use this Site. By using the Site, you are indicating your acceptance to be bound by these Conditions of Access, including any subsequent revisions thereof.
GradGreenhouse.com, its holding company (Saturn V PTE Ltd) and its subsidiaries ("GradGreenhouse " or “ Company”) and affiliates may revise these Conditions of Access at any time without prior notice by updating this posting. You should visit this page periodically to determine the then current version of the Conditions of Access to which you are bound. Your access to any websites controlled by the Company (the "Site") and the Company's facilities and/or services may be blocked upon your notice to the Company that any change is unacceptable.
Terms "you" or “Employer” as used herein refer to any entity who has entered into a fee agreement with the Company to use the facilities and/or services provided by GradGreenhouse for the purposes of graduate recruitment (“Fee Agreement”), and its successors, officers, directors, employees, assigns, insurers, licensees, independent contractors and agents.
The term “Graduate” as used herein refers to any person registered with the Site (as defined below).
By visiting the Site or any other site accessed through the Site, or by accepting these Conditions of Access, you represent and warrant to the Company that you have the right, authority and capacity to use the Site and agree to and abide by these Conditions of Access. You also represent and warrant to the Company that you will use the Site in a manner consistent with any and all applicable laws and regulations.
B. Acceptable Site Use
The Site, including without limitation the job posting and resume database features of the Site (“Database”), may be used only for lawful purposes by individuals seeking employment and career information. The Company specifically prohibits any use of the Site, and all Employers agree not to use the Site, for any of the following:
As an Employer posting job opportunities on the Site, you acknowledge and agree that you will use any information regarding any Graduate, disclosed to you by the Company in accordance with the terms contained in the Fee Agreement.
Employers are prohibited from violating or attempting to violate the security of the Site by methods including but not limited to the following:
Violations of system or network security of the Site may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Employers who are involved in such violations.
The Employer further agrees not to use the Site in order to transmit, distribute, store or destroy material
The Employer is prohibited from submitting, publishing or displaying on the Site or transmitting to Graduates, certain information, including but not limited to the following:
C. Employer Transmissions
As a user of the Site, you are solely responsible for your GradGreenhouse account information, content, messages or other information that you submit, publish or display on the Site or transmit to Graduates ("Employer Transmissions").
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by Graduates or endorse any opinions expressed by Graduates. You acknowledge that any reliance on material posted by Graduates will be at your own risk.
GradGreenhouse acts as a passive conduit for the online distribution and publication of the job listings and information, content, messages or other information that Graduates submit (“Graduate Content”)and has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by Graduates or Employers. However, GradGreenhouse may review and remove any Employer Transmission that, in the sole judgment of GradGreenhouse, violate these Conditions of Access, violate the applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of the Graduates. GradGreenhouse reserves the right to archive a job posting which is not active for ten (10) weeks or longer after its last access by any Graduate or the relevant Employer.
GradGreenhouse may take any action with respect to Employer Transmissions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
D. Registration And Password
You are solely responsible for maintaining the confidentiality of your GradGreenhouse.com account access information and password. You are not authorised to share your password or other GradGreenhouse.com account access information with any other party, temporarily or permanently. As such, you shall be responsible for all uses of your GradGreenhouse.com account, whether or not authorised by you. In the event that you come to know of any unauthorised use of your GradGreenhouse.com account or password, you agree to notify the Company of such unauthorised use immediately.
E. Use Of Site Content
The content available on this Site, and of all other websites under the Company's control, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other material (the "Material"), are property of the Company or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on the Site are the exclusive property of the Company.
Unauthorised use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose in connection with products or services that are not those of GradGreenhouse, in any other manner that is likely to cause confusion among consumers or that otherwise infringes GradGreenhouse's intellectual property rights. you shall not aggregate, copy or duplicate in any manner any of the Site content or information available from the Site, including but not limited to the adaptation of the HTML code that the Company has created, to generate any material or page that may be passed off as any Material or any page making up the Site.
Upon GradGreenhouse being notified by any third party or being suo moto detected by GradGreenhouse that any Graduate is in breach of the above, GradGreenhouse shall immediately serve upon a notice to the concerned Graduate to destroy such downloaded and printed materials. If the concerned Graduate upon the receipt of the above notice from GradGreenhouse fails to comply with the notice within a period of twenty-four (24) hours from such receipt, then GradGreenhouse shall at its sole discretion and without any other prior notice immediately disable the Employer’s GradGreenhouse.com account and/or remove all information transmitted to the Site by the Employer, including but not limited to any job postings listed on the Site by the Employer and any communication made between the Employer and any Graduate and/or block the non-public access to the Site previously granted to the Employer, and in doing so, the Employer agrees and acknowledges that all rights of GradGreenhouse with regards to the breach are hereby reserved.
Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Material displayed on this Site, without the written permission of GradGreenhouse. Please be reminded that GradGreenhouse aggressively enforces its intellectual property rights to the fullest extent of the law.
F. Express Consent And Acknowledgement
You acknowledge, consent and agree that when submitting your company information for storage in the Database, your company information, including but not limited to your company contact details, is automatically searchable by Graduates. GradGreenhouse is not responsible for the use of information by the Graduates who accessed your information while it resides in our Database. You acknowledge that in addition to the Employer Transmissions, when your information is displayed in our Database, the company information present (such as your company contact details) can be collected and used by parties other than the Graduates. This may result in unsolicited messages from third parties for which the Company is not responsible. The Company cannot guarantee that other parties will not gain access to this Database. You may remove your information from the Site at any time, but the Graduates and/or third parties who have gained access to our Database may have retained a copy of your information in their own files or databases. The Company is not responsible for the retention, use or privacy of information in these instances.
You acknowledge, consent and agree that the Company can disclose your company information to prospective employees who have registered with the Company to seek job opportunities and career information on the Site. You also acknowledge, consent and agree that the Company may use your company information to contact you and/or provide administrative notices or communications applicable to your use of the Site.
G. Company’s Liability And Disclaimer of Warranty
The Site acts as a forum for Employers to post job opportunities and Graduates to seek jobs, and does not screen or censor the listings offered. The Company is not involved in the actual transaction between Employers and Graduates. As a result, the Company has no control over the quality, safety or legality of the or resumes posted, the truth or accuracy of the Graduate Content or the ability of Graduates to fill job openings and makes no representations about any resumes or Graduate Content on the Site.
In the premises, the Company shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special or consequential damage, or economic loss, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in connection with:
even if the Company, its affiliates and their respective officers, directors, employees and representatives are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at the Employer’s own risks. This exclusion clause shall take effect to the fullest extent permitted by law.
In addition, you assume all risks associated with dealing with theGraduates and/or other Employers with whom you come in contact through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases may be deceptive. We expect that you will use caution and common sense when using the Site.
The Site and the Material are provided on an "As Is" and “As Available” basis without any warranties of any kind.
The Company does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses or other harmful mechanisms. If your use of the Site or the Material therein results in the need for servicing or replacing of equipment or data, the Company is not responsible for such costs.
The Material may contain inaccuracies or typographical errors. The Company does not warrant the accuracy, adequacy, reliability or completeness of this information and materials and expressly disclaims liability for errors or omissions in such Material.
You acknowledge and agree that you are solely responsible for the form, content, accuracy, adequacy, reliability and completeness of any Employer Transmissions placed by you on the Site.
The Company is not to be considered to be an Employer with respect to your use of the Site and the Company shall not be responsible for any employment decisions made by any Graduate or by any Employer, for whatever reason made.
The Company cannot guarantee and does not promise any specific results from the use of the Database, the features of the Site and/or any GradGreenhouse services provided. No advice or information, whether oral or written, obtained by an Employerfrom the Company, its affiliates and/or from the Site shall create any warranty not expressly stated.
H. Disclaimer Of Consequential Damages
In no event shall the Company, its affiliates, or any third parties mentioned on the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and the Material, regardless of the cause of action, and whether or not the Company is advised of the possibility of such damages.
I. Link To Other Sites
The Site contains links to third party sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third party Sites. The Company is not responsible for the content of linked third party sites and does not make any representations regarding the form, content, accuracy, adequacy, reliability and completeness of materials on such third party sites. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such material, product or service, under the terms agreed to by the provider. If you decide to access linked third party sites, you do so at your own risk.
J. Employer Information
GradGreenhouse may collect demographic information including without limitation particulars of your Employer Transmissions and details of your interests and preferences. The forms that you fill in will indicate whether information requested is mandatory or voluntary.
We may collect information about your visits to our websites, including the pages you viewed, links and advertisements you clicked, the searched terms you made, and other actions in connection with the Site and services from GradGreenhouse. GradGreenhouse may also collect certain information from the browser you used to access the Site, such as your Internet Protocol (IP) address, browser type and language, access times, the Uniform Resource Locator (URL) of the website that referred you to the Site and to which URL you navigate from the Site if you click on a link on the Site.
To provide a more consistent and personalized experience in your interactions with GradGreenhouse, information collected through one source can be combined with information obtained through other GradGreenhouse resources. GradGreenhouse can also supplement the information collected with information obtained from other parties.
Subject to the provisions in these Conditions of Access, the Company will not disclose to any third party your company contact details including without limitation names of representatives, company address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws, rules or regulations or in legal proceedings where such information is relevant.
The Company reserves the right to offer third party services and products to you based on the preferences that you identify during your visits to our websites; such offers may be made by the Company or by third parties. Some services from GradGreenhouse may also be offered in conjunction with another company. You understand and agree that if you register for or use such services, both GradGreenhouse and the other company may receive information collected in conjunction with the services of two (2) brands. Without limiting any of the other disclaimers of warranty set forth in these Conditions of Access, the Company does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Site, or any other representation, warranty or guaranty.
K. No Resale Or Unauthorised Commercial Use
You agree not to resell any Material or information obtained from the Site, not to assign your rights or obligations under these Conditions of Access, and not to make any unauthorised commercial use of any GradGreenhouse Site.
L. Governing Law And Jurisdiction
Any facilities and/or services offered through this Site and the Materials therein are strictly for the Employer’s access and/or use in Asia Pacific Region. Other than as aforesaid, nothing in this Site shall be construed as the Company providing services and facilities outside of the abovementioned territories, and the Company makes no claims that the Materials may be lawfully viewed or downloaded outside of Singapore. By accessing this Site and using the facilities and/or services offered through this Site and the Materials therein, you agree that Singapore law shall govern such access and the provision of such facilities and/or services and you agree to submit to the exclusive jurisdiction of the Singapore courts.
If any provision of these Conditions of Access is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Conditions of Access, which shall remain in full force and effect.
N. Entire Agreement
Except as expressly provided, the Conditions of Access as contained on this page constitute the entire agreement between you and the Company with respect to the use of Site.
Access and/or use of certain areas of GradGreenhouse.com and other GradGreenhouses Sites are subject to additional terms and conditions. By accessing and/or using such areas or any part thereof, you agree to be bound by the additional terms and conditions applicable to such areas, and such terms and conditions shall form part of the Conditions of Access.
O. Term And Termination
The Employer agrees and accepts that the Company reserves the right to manage the internal controls of the Site and may, without limitation to the foregoing, procure the removal of all information transmitted to the Site by the Employer, including but not limited to any job postings listed on the Site by the Employer and any communication made between the Employer and any Graduate and/or the removal of the grant of non-public access to the Siteand/or the immediate disablement of your GradGreenhouse.com account and/or the termination of any GradGreenhouse Services, upon the breach of any of these Conditions of Access or if the Company is unable to verify or authenticate any information you submit to the Site. The Company reserves the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the said Employer.
Such internal controls shall be exercised without prejudice to any of the legal remedies available to the Company, its affiliates or their respective officers, directors, employees or representatives.
These Conditions of Access will remain in full force and effect while an Employer remains a user of the Site regardless of the level of the Employer’s Site activity. Even after an Employer is no longer a user of the Site, certain provisions of these Conditions of Access will remain in effect, including sections on "C. Employer Transmissions", as well as all the sections from "E. Use of Site Content" onwards and inclusive.
Use of the facilities and/or services provided by Saturn V PTE Ltd (“Company”) is governed by the relevant terms and conditions as indicated below, and these terms and conditions shall constitute the fee agreement entered into between you and the Company (“Agreement”). Please review the relevant terms and conditions carefully. Clicking on the “I accept” link below will indicate your acceptance to be bound by all the terms and conditions contained herein. Please print a copy of these terms and conditions for your future reference.
In this Agreement, unless there is something in the subject or context inconsistent therewith, the following expressions bear the following meanings, namely:
“Business” shall have the meaning ascribed to the respective term in Clause 2 herein;
“Engagement” means the engagement, employment or use of the Graduate by you, or any third party to whom or to which the Graduate was introduced by you (whether with or without the consent of the Company), on a permanent or temporary basis, whether under a contract of service or for services; under a licence, franchise or partnership agreement; or any other engagement;
“Graduate” means a person registered with the Site;
“Parties” means the parties to this Agreement, and “Party” refers to any one (1) of the parties to this Agreement;
“Service Fee” means the sum of S$2,500.00 payable by you and to the Company for any services provided by the Company resulting in an Engagement, provided that the Graduate commences the Engagement, and GST will be charged on the fee if applicable.
“Site” means the text listing of commands compiled or assembled into an executable computer program and which establishes the online portal for the running of the Business, namely GradGreenhouse.com and/or any other online portal deemed appropriate by the Company; and
“Term” means the period of two (2) years commencing on the date of this Agreement.
You acknowledge that the principal business activities of the Company shall be the facilitation of graduate search and placement to be carried out through the Site.
2.2. Your Employer Account
The Company shall provide to you a GradGreenhouse.com account for the purposes of carrying out the services provided to you under the terms of this Agreement.
2.3. Your Site Access
Subject to Clause 3 herein, the Company shall grant you public and non-public access to the Site for the following limited purposes:
2.3.1. To post up to the maximum of twenty (20) job listings on the Site per calendar month;
2.3.2. To view the curriculum vitae or information of a Graduate;
2.3.3. To communicate with a Graduate who has indicated his or her interest in you’s job listing(s) on the Site;
2.3.4. To communicate with a Graduate that you has found suitable for you’s job listing(s) on the Site;
2.3.5. To shortlist a Graduate for the interviewing purposes; and
2.3.6. To interview a Graduate in person, by telephone, by video conferencing or otherwise,
which may directly or indirectly lead to an Engagement of that Graduate.
2.4. Additional Services
2.4.1. The Company shall from time to time offer to you in writing, additional services at additional costs to be determined in the sole discretion of the company, including but not limited to the following:
|Job Postings||Up to 20 Job Postings per month||Free|
|CV Identification||Part of CV Search||Free|
|Graduate Video Conference/ Interview||Part of CV Search||Free|
|Graduate Placement||Upon confirmation of employment contract||$2,500 per Placement|
|Intern Placement||Upon confirmation of Internship contract||$1,250 per Intern25|
|Online Career Fair||Platinum Sponsor (Standard Functionalities, first priority location, excellent visibility, corporate video, live broadcast, banner on billboard, and logo) - 2 Events, October 2013 and March 2014||$6,000|
(the “Company’s Offer”).
2.4.2. You agree and accept that you may be required to give further monetary consideration for the providence of the additional services by the Company.
2.4.3. You may serve on the Company a notice to indicate acceptance of the Company’s Offer and on any additional terms contained in the Company’s Offer including without limitation a term regarding the issue of time (the “Notice of Acceptance”). The standard form Notice of Acceptance is available at the following webpage:www.gradgreenhouse.com
2.4.4. Completion of the agreement to provide additional services pursuant to your exercise of a Notice of Acceptance shall take place at the registered office for the time being of the Company (or such other place as the Company and Client may agree in writing) on the date falling fourteen (14) days from the date of the Notice of Acceptance.
2.4.5. Subject to Clause 2.4.6, the Company shall, upon receiving your Notice of Acceptance, provide you the services stated in the Company’s Offer and in accordance with the terms contained therein.
2.4.6. The Company reserves the right to refuse to provide you the services contained in any of the Company’s Offers and in the event of the Company’s refusal, you may request that the Company provide you the reason(s) for the Company’s refusal.
3.1. Notification Of Engagement
3.1.1. To notify the Company immediately of any offer of Engagement which you make to a Graduate;
3.1.2. To notify the Company immediately that its offer of Engagement to the Graduate has been accepted; and
3.1.3. To pay to the Company the Service Fee in accordance with Clause 3.2 herein.
3.2. Payment Of Service Fees
3.2.1. The Company shall issue to you a monthly invoice listing the Service Fee and other charges payable by you to the Company for all Engagements made during the material period of time.
3.2.2. You agree and undertake to pay to the Company the full amount of the Service Fee and other charges without any deduction whatsoever within thirty (30) days of the date of the invoice is issued by the Company and to you.
3.2.3. Service Fee is payable to the Company on each and every Engagement secured, and may not include any applicable government sales tax or its equivalent and net of any withholding taxes.
3.2.4. If you engage a Graduate in a different role from that which the Graduate was originally considered for, the Service Fee remains payable by you to the Company.
3.2.5. In the event that your written offer of employment is accepted by the Graduate and then subsequently withdrawn by you prior to its expiry date through no fault of the Graduate or the Company, the Service Fee remains payable by you to the Company.
3.2.6. You agree and accept that the Company may charge interest on Service Fees left outstanding for more than thirty (30) days calculated at the rate of four (4) per cent. per annum and for the period between the due date and until the date of payment of such Service Fees (both dates inclusive).
3.3.1. In order to qualify for any replacement of a defaulting graduate, you must have paid to the Company the Service Fee in full and without deduction within thirty (30) days of the date of the acceptance by the defaulting Graduate of your offer of Engagement, AND you must notify the Company in writing of your request for a replacement within seven (7) days of the defaulting Graduate’s intended date of commencement of Engagement.
3.3.2. Subject to Clause 3.2.3 herein, if a Graduate failed to commence his or her Engagement on the date as agreed in the written offer of employment as accepted by the said Graduate (except where the job description materially changes from the job description/specification given prior to Engagement, or where the Graduate is constructively dismissed, or where failure of the defaulting Graduate to commence the Engagement is through fault of your own), you will be entitled to request to engage a replacement Graduate in lieu of the defaulting Graduate, and the client shall be entitled to request for a replacement of the defaulting Graduate up to the maximum number of two (2) times only.
3.4. Good Consideration
The Parties agree that the services provided by the Company will be in good consideration for the payment of the Service Fee, and the said providence of services shall be in discharge of any obligations, financial or otherwise, on part of the Company.
3.5. Right to Terminate
3.5.1. In the event of non-compliance with Clause 3 herein, or in the event that the Company finds, in its sole discretion and taking into consideration the Company’s Business model, that you are an unsuitable recipient of the Company’s provided services, the Company shall be entitled (in addition to and without prejudice to all other rights or remedies available to it including the right to claim damages and/or recover sums indebted to the Company) to elect to terminate this Agreement without liability on the part of the terminating Party.
3.5.2. Supplementary to Clause 3.5.1 herein, the Company shall be entitled (in addition to and without prejudice to all other rights or remedies available to it including the right to claim damages and/or recover sums indebted to the Company):
4.1. Suitability Of Graduate
The Company will reasonably endeavour to ensure the suitability of any Graduate but the Company makes no warranty, express or implied, as to the suitability of the said Graduate. You are responsible for satisfying yourself as to the suitability of the Graduate prior to engaging the Graduate.
4.2. Reference Checks
You will be responsible for carrying out necessary background and reference checking and testing (including confirmation of academic and professional qualifications and any work or other permits) on any Graduate. If you instruct the Company to carry out reference checks, the Company is not liable for any untrue statements or misrepresentation made by the referees.
4.3. Information Provided By The Graduate
The Company will not be liable for any untrue statements or misrepresentations made by the Graduate or for the accuracy, adequacy, reliability or completeness of information provided by a Graduate or a third party or for the suitability of the Graduate.
4.4. Medical Examinations
You are responsible for arranging all medical examinations and investigations of the Graduate.
5.1.The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by you arising from or in any way connected with the introduction to or Engagement of any Graduate by you by way of the Site or otherwise, or from the failure of you to find any Graduate suitable for your recruitment purposes. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.
5.2.You agree to indemnify, defend and hold the Company and its successors, officers, directors, employees, assigns, insurers, licensees, independent contractors and agents harmless from all actions, causes of action, claims, demands, costs, losses, liabilities, expenses and damages (including legal fees) arising out of, or in connection with:
5.2.1. Any act or omission of you including without limitation in respect of any termination of an Engaged Graduate or any other act or omission by you or the Engaged Graduate after the employment of the Graduate; and/or
5.2.2. Any claims related to the Engaged Graduates performance or non-performance following the Engagement of the Engaged Graduate by you.
This Agreement embodies all the terms and conditions agreed upon between the Parties as to the subject matter of this Agreement and supersedes and cancels in all respects all previous agreements and undertakings, if any, between the Parties with respect to the subject matter hereof, whether such be written or oral.
No failure on the part of any Party to exercise and no delay on the part of such Party in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under this Agreement preclude any other or further exercise of it.
All provisions of this Agreement shall not, so far as they have not been performed at the expiry of the Term, be in any respect extinguished or affected by the expiry of the Term or by any other event or matter whatsoever and shall continue in full force and effect.
This Agreement is personal to the Parties. Accordingly, no Party may, without the prior written consent of the others, assign the benefit of all or any of the other’s obligations under this Agreement, or any benefit arising under or out of this Agreement.
Time shall be of the essence of this Agreement, both as regards the dates and periods mentioned and as regards any dates and periods which may be substituted for them in accordance with this Agreement or by agreement in writing between the Parties.
At any time after the date of this Agreement either Party shall, and shall use its best endeavours to procure that any necessary third party shall, execute such documents and do such acts and things as the other Party may reasonably require for the purpose of giving to such other Party the full benefit of all the provisions of this Agreement.
12.1. Ownership of Intellectual Property
The Company and the Graduate own the intellectual property rights in all of the information transmitted to the Site by the Graduate, including but not limited to the Graduate’s curriculum vitae.
12.2.1. The Parties shall treat as strictly confidential and not disclose or use any information received or obtained as a result of entering into this Agreement (or any agreement entered into pursuant to this A
12.2.2. You shall treat as strictly confidential all of the information transmitted to the Site by the Graduate, including but not limited to the Graduate’s curriculum vitæ, and such information shall not be stored on a database or otherwise without the consent of the Company and, in any event, not for the purposes of making a direct approach to any Graduate.
12.3. Use Of Information
Clause 12.2 shall not prohibit disclosure or use of any information if and to the extent:
12.3.1. the disclosure or use is required by law, any regulatory body or any recognised stock exchange;
12.3.2. the disclosure or use is required to vest the full benefit of this Agreement in you or the Company;
12.3.3. the disclosure or use is required for the purpose of any judicial proceedings arising out of this Agreement or any other agreement entered into under or pursuant to this Agreement or the disclosure is made to a Taxation authority in connection with the Taxation affairs of the disclosing Party;
12.3.4. the disclosure is made to professional advisers of the Company or you and the successors, officers, directors, employees, assigns, insurers, licensees, independent contractors and agents of the Company on terms that such persons undertake to comply with the provisions of Clause 12.2 in respect of such information as if they were a party to this Agreement;
12.3.5. the information is or becomes publicly available (other than by breach of this Agreement);
12.3.6. you or the Company has given prior written approval to the disclosure or use to the other; or
12.3.7. the information is independently developed after the expiry of the Term,
provided that prior to disclosure or use of any information pursuant to Clause 12.3 except in the case of disclosure to a Taxation authority, the Party concerned shall promptly notify the other Parties of such requirement with a view to providing such other Parties with the opportunity to contest such disclosure or use or otherwise to agree the timing and content of such disclosure or use.
You agree and undertake to comply with the additional terms contained in the Company’s conditions of access, a copy of which is accessible at the following webpage: www.gradgreenhouse.com. The Company may revise these conditions of access at any time without prior notice by updating the posting at the said webpage, and you agree and undertake to be bound by all subsequent revisions of such conditions of access.
No remedy conferred by any of the provisions of this Agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any Party shall not constitute a waiver by such Party of the right to pursue any other available remedies.
The Parties shall each bear his own legal and other costs and expenses incurred by it in connection with this Agreement.
If any provision of this Agreement is held to be illegal, invalid or unenforceable in whole or in part in any jurisdiction, this Agreement shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provision; and the legality, validity and enforceability of such provision in any other jurisdiction shall be unaffected.
All notices, demands or other communications required or permitted to be given or made hereunder shall be in writing and delivered personally or sent by prepaid registered post with recorded delivery, or by facsimile transmission addressed to the intended recipient thereof at its address or at its facsimile number set out below (or to such other address or facsimile number as a Party may from time to time duly notify the other in writing). Any such notice, demand or communication shall be deemed to have been duly served (if delivered personally or given or made by facsimile) immediately or (if given or made by letter) two (2) Business Days after posting and in proving the same it shall be sufficient to show that personal delivery was made or that the envelope containing such notice was properly addressed as a prepaid registered delivery letter or that the facsimile transmission was properly addressed and despatched. The addresses and facsimile numbers of the Company for the purpose of this Agreement are:
|The Company||:||Saturn V Pte Ltd|
|Contact Person||:||Andrew Britton|
|Facsimile No.||:||+65 9622 0829|
|Email Address||:||[email protected]|
You have been required to provide the above information when you registered with the Site and the Company agrees and undertakes to contact you by similar methods of communication.
This Agreement may be entered into in any number of counterparts, all of which taken together shall constitute one and the same instrument. Either Party may enter into this Agreement by signing any such counterpart.
19.1.This Agreement shall be governed by and construed in accordance with the laws of Singapore.
19.2.All the Parties irrevocably agree that the courts of Singapore shall have jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce any term of this Agreement.