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This Privacy Policy (“Policy”) sets out the basis upon which CWCS Pte Ltd (“CWCS”, “we”, “us” or “our”) may collect, use, disclose or otherwise process personal data of agent, vendor, supplier or service provider in accordance with the Personal Data Protection Act (“PDPA”). This Policy applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.

APPLICATION OF THIS POLICY
1. The provision of your Personal Data is voluntary. However, if you do not provide CWCS your Personal Data, CWCS will not be able to process your Personal Data for the Purposes and Additional Purposes outlined below.

If you are an agent, vendor, supplier or service provider, failure to provide your Personal Data, may be a breach of laws or regulatory requirements, and may cause CWCS to be unable to engage you to provide services or products or issue payments to you for products or services provided.

PERSONAL DATA
2. As used in this Policy, “personal data” means data, whether true or not, about an agent, vendor, supplier or service provider who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
3. If you are an agent, vendor, supplier or service provider, personal data which we may collect in the context of your registration with us includes, without limitation, your:
(a) name or alias, gender, NRIC/FIN or passport number, date of birth, nationality, and country and city of birth;
(b) mailing address, telephone numbers, email address and other contact details;
(c) salary information and bank account details;
(d) details of your next-of-kin, spouse and other family members;
(e) work-related health issues and disabilities;
(f) records on leave of absence from work;
(g) photographs and other audio-visual information;
(h) performance assessments and disciplinary records; and
(i) any additional information provided to us by you during registration.
4. Other terms used in this Policy shall have the meanings given to them in the PDPA (where the context so permits).

COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA
5. We generally collect personal data that (a) you knowingly and voluntarily provide in the course of or in connection with your registration with us, or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”, which may include your referrer), after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).
6. If you are an agent, vendor, supplier or service provider, your personal data will be collected and used by us for the following purposes and we may disclose your personal data to third parties where necessary for the following purposes:
(a) performing obligations under or in connection with your contract for employment with us, including payment of remuneration and tax;
(b) all administrative and human resources related matters within our organisation, including administering payroll, granting access to our premises and computer systems, processing leave applications, administering your insurance and other benefits, processing your claims and expenses, investigating any acts or defaults (or suspected acts or defaults) and developing human resource policies;
(c) ensuring business continuity for our organisation in the event that your engagement with us is or will be terminated;
(d) performing obligations under or in connection with the provision of our goods or services to our clients;
(e) facilitating any proposed or confirmed merger, acquisition or business asset transaction involving any part of our organisation, or corporate restructuring process; and
(f) facilitating our compliance with any laws, customs and regulations which may be applicable to us.
7. The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in anyway, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).

WITHDRAWING CONSENT
8. The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. If you are agent, vendor, supplier or service provider you may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.
9. Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process and effect your request within thirty (30) days of receiving it.
10. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and extent of your request, we may not be in a position to process your application (as the case may be). We shall, in such circumstances, notify you before completing the processing of your request (as outlined above). Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 8 above.
11. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.

ACCESS TO AND CORRECTION OF PERSONAL DATA
12. If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold, you may submit your request in writing or via email to us at admin@cwcleaningsg.com.
13. Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
14. We will respond to your access request as soon as reasonably possible. Should we not be able to respond to your access request within thirty (30) days after receiving your access request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
15. Please note that depending on the request that is being made, we will only need to provide you with access to the personal data contained in the documents requested, and not to the entire documents themselves. In those cases, it may be appropriate for us to simply provide you with confirmation of the personal data that our organisation has on record, if the record of your personal data forms a negligible part of the document.

PROTECTION OF PERSONAL DATA
16. To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters to secure all storage and transmission of personal data by us, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.
17. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

ACCURACY OF PERSONAL DATA
18. We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing us in writing or via email at admin@cwcleaningsg.com.

RETENTION OF PERSONAL DATA
19. We may retain your personal data for as long as it is necessary to fulfill the purposes for which they were collected, or as required or permitted by applicable laws.
20. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the personal data were collected, and are no longer necessary for legal or business purposes.

TRANSFERS OF PERSONAL DATA OUTSIDE OF SINGAPORE
21. We generally do not transfer your personal data to countries outside of Singapore. However, if we do so, we will obtain your consent for the transfer to be made and will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.

DATA PROTECTION OFFICER
22. You may contact our Data Protection Officer at DPO@cwcleaningsg.com if you have any enquiries or feedback on our personal data protection policies and procedures.

EFFECT OF POLICY AND CHANGES TO POLICY
23. This Policy applies in conjunction with any other policies, notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.
24. We may change this Privacy Policy now and then to keep you updated on how we are processing your personal information. We encourage you to regularly check this policy to ensure you are aware of the most updated version. Your continued engagement and participation in our recruitment process constitute your acknowledgement and acceptance of such changes.

Please confirm that you agree to our privacy policy

Hide Terms

These Service Provider Terms and Conditions apply to freelance Service Providers and CWCS Pte Ltd, collectively the “Parties”.

RECITALS

CWCS Pte Ltd (“CWCS”) operates and manages an online platform at www.cwcleaningsg.com (the “Website”) through which a customer (the “Customer”) can book a home cleaning appointment by submitting a Booking Request. Once a Booking Request has been submitted, CWCS then proposes via an algorithm the Booking Request to the most suitable Service Provider from its database (the “Database”). Once assigned, the Service Provider is permitted to accept or reject the Booking Request. Once Booked Services have been completed, CWCS issues an invoice to the Customer on behalf of the Service Provider. Once issued, the Payment Agent collects payment of the Booked Service Fee from the Customer. Once collected the Payment Agent disburses the Booked Service Fee to the Service Provider.
The role of CWCS is that of a Website operator, manager of the Database, and third party facilitator of contracts and invoicing between the Customer and the Service Provider. For avoidance of doubt, CWCS itself is not providing any Cleaning Services for Customers.
Before using the Website, you should check the terms and conditions for the use of the Website (“Terms of Use”) carefully and confirm your knowledge and acceptance which are prerequisites for the use of the Website. The Terms of Use may be viewed, saved and printed from the Website.

NOW THEREFORE, you and CWCS agree as follows:

Definitions and Interpretation

1.1. In these Terms of Use (including the recitals), unless the context otherwise requires:

“Booking Request” means the booking made by a Customer on the Website for the provision of Booked Services;

“Booked Service Fee” means the total fee payable by the Customer for the Booked Services;

“Booked Services” means the Cleaning Services the Customer has requested in its Booking Request and shall include any rectification services the Service Provider may be requested to provide resulting out of a customer dispute in accordance with the terms of the Cleaning Agreement;

“Cleaning Agreement” means the agreement to be entered into between a Customer and the Service Provider governing the Booked Services to be provided in connection with the Customer’s Booking Request;

“Cleaning Products and Equipment” means the cleaning products and equipment required by the

Service Provider to complete the Booked Services;

“Cleaning Services” means the home cleaning services consisting of the Standard Cleaning Package and any other additional services available to be requested in a Booking Request;

“Service Provider” means the independent contractor Service Provider that has accepted a Customer’s Booking Request and has agreed to provide the Booked Services;

“Event/s” means an event or series of events that exist as part of a Customer’s Booking Request, depending on the selected preferred frequency of the provision of Booked Services;

“Intellectual Property Rights” means all intellectual and industrial property relating to CWCS including the Website, including without limitation, all works in which copyright subsists or may subsist, designs, drawings, industrial designs, technical information, models, specifications, prototypes, patents, applications for patents, trade secrets, confidential information and know-how, trade-marks, trade-names, discoveries and inventions, and integrated circuit topographies;

“Payment Agent” means the third party escrow and payment agent engaged by CWCS to collect the

Booked Services Fee and to remit payments to the Service Provider.

“Recurring” means a series of Events occurring on a bi-weekly or weekly frequency in accordance with the Customer’s Booking Request;

“Scheduled Booking Time” means the time and date the Booked Services are to be undertaken by the Service Provider in accordance with the Booking Request;

“Site Content” means all material, content and information made available on the Website including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;

“Standard Cleaning Package” means list of the standard cleaning activities that will be performed by the Service Provider, a copy of which is available on the Website.

“User Profile” means a profile on www.cwcleaningsg.com which contains your personal information, including your name, address, phone number and payment details;

“Website” means www.cwcleaningsg.com and associated CWCS mobile phone applications;

“you”, “your” means you as the user of the Website.

1.2. In these Terms of Use, unless the context otherwise requires:

(a) headings are for convenience only and do not affect its interpretation or construction;

(b) the singular includes the plural and vice versa;

(c) references to recitals, clauses, sub clauses, paragraphs, annexure or schedules are references to recitals, clauses, sub clauses, paragraphs, annexure and schedules of or to these Terms of Use;

(d) words importing a gender include other genders;

(e) the word “person” means a natural person and any association, body or entity whether incorporated or not;

(f) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;

(g) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;

(h) all monetary amounts are in Singapore dollars;

(i) a reference to time refers to local time in Singapore;

(j) “includes” is not a word of limitation;

(k) no rule of construction applies to the disadvantage of a party because these Terms of Use are prepared by (or on behalf of) that party;

(l) a reference to any thing is a reference to the whole and each part of it;

(m) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and

(n) a reference to a document includes all amendments or supplements to, or replacements or ovations of, that document.

Terms of Use and Conditions

2.1. Access to and use of this Website is governed by these Terms of Use.

2.2. CWCS periodically reviews the Terms of Use and reserves the right to change the Terms of Use, without any notice to you, by updating this document. You should review this document, as available on the Website regularly, as any changes to the Terms of Use take immediate effect from the date of the publication on this document. Your continued use of the Website after any such changes are made will be deemed to constitute your acceptance of those changes.

2.3. You acknowledge that any hyperlinks or other redirection tools taking you to other websites operated by third parties that appear on the Website (“Third Party Sites”) are not controlled by CWCS and do not form part of the Website. You agree that you will not hold CWCS liable or in any way accountable for anything that occurs on any Third Party Site.

Acceptance

3.1. In order to use this Website, you must first agree to the Terms of Use.

3.2. You accept the Terms of Use by:

(a) creating a User Profile in the manner set out in Clause 4 below; and/or

(b) clicking to accept/agree to the Terms of Use.

3.3. Notwithstanding clause 3.2, you may not accept the Terms of Use or access the Website if:

(a) you are not of legal age to form a binding contract with CWCS; or

(b) you are a person barred from entering into contracts under legislation, in which case, you must immediately leave the Website.

3.4. By accepting the Terms of Use, you agree that this is clear and unequivocal proof that the Terms of Use are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Terms of Use. If you do not understand any part of the Terms of Use you should seek independent legal advice.

User Profile

4.1. You will be required to register your personal information, including your name, address, phone number and bank account details on the Website in order to make a Service Provider account.

4.2. By creating a User Profile , you acknowledge that the information provided is true and that you will ensure that the information you have provided is constantly up to date. Your information can be updated simply by logging in to your account and amending your submitted information as may be required.

4.3. You will be issued with a username and password which are linked to your User Profile. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Website by anyone using your username and password and invoices claimed for the Booked Services acquired through the Website by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.

4.4. Your User Profile is personal to you and is not transferable to third parties. You must only register one User Profile with the Website. Multiple accounts will be deleted. CWCS reserves the right in its sole discretion to delete any User Profile it believes to be duplicative and to block any user from any further use of the Website.

Booking Requests

5.1. When you receive a Booking Request, you can confirm your acceptance of the Booking Request by notifying CWCS either through the Website, e-mail, SMS or telephone.

5.2. CWCS in its absolute discretion may not submit Booking Requests to you and this Agreement does not oblige it to provide any minimum number of Booking Requests.

5.3. You are free to accept or decline a Booking Request in your sole discretion.

5.4. Should you decide to accept a Booking Request, you are required to pay a refundable job acceptance processing fee of $30 (cancellation fee set out in Clause 9 below) in order to process Service Provider’s application. CWCS must be notified either through the Website, e-mail, SMS or telephone. Booking Requests are sent to multiple Service Providers at the same time; the first Service Provider to respond will receive the Booking.

5.5. Upon your acceptance of the Booking Request in accordance with the clause above, you acknowledge and agree that a Cleaning Agreement between yourself and the Customer will come into effect immediately and you authorise CWCS to provide your contact details to the Customer.

Service Provider Obligations

6.1. You are required to provide CWCS with the following information for CWCS’s database records prior to CWCS submitting Booking Requests to you:

a) Contact details, including full name, address, mobile phone number, email address and bank account details (for the deposit of funds);
b) Expected availability for the provision of Cleaning Services;
c) Eligibility of Spent Record;
d) Proof of Singaporean Citizenship / Permanent Residency;

6.2. If any of the documents listed in clause 6.1 above have expired, changed or have been renewed, you must advise CWCS of the:

(a) expiration, two (2) days prior to the expiration; or

(b) change, as soon as practicable, but no longer than 24 hours after the change;

6.3. You acknowledge that you have full power, authority, right and capacity to perform your obligations under the Agreement and the Cleaning Agreement.

6.4. You will not contract with the Customer separately to provide the Booked Services, while this Agreement is in force.

6.5. In accepting the Booking Request, you agree to the following:

(a) provide the Booked Services and if applicable, the Extras to the Customer in accordance with the Booking Request;

(b) carry out the Booked Services with all due care and skill and to the standard reasonably required;

(d) deliver the Booked Services promptly and professionally;

(e) ensure that the Address is safe and to conduct your own work health and safety risk assessments of the Address prior to performing the Booked Services;

6.6. You further agree that in accepting the Booking Request that the booked duration is an appropriate time frame in which you can effectively and efficiently complete the Booked Services.

6.7. If CWCS is advised by the Customer that you have not performed the Booked Services to a reasonable standard, it will forward this information to you. You agree to negotiate with the Customer in good faith to either:

(a) achieve an agreement on reduced time or payment for the Booked Service Fee.

(b) a replacement cleaning at no cost to complete the Booked Services to a satisfactory degree as determined by the customer.

Provision of CWCS Services

7.1. In facilitating the provision of the Booked Services, CWCS undertakes security checks on all potential Service Providers in accordance with clause 6.1 and 6.2 above. As a consequence and to ensure the safety and security of the Customers so far as is reasonably possible, the Booked Services can only be provided by an approved Service Provider that accepts the Booking Request.

Payment

8.1. CWCS will appoint a Payment Agent and, on behalf of the Service Provider, charge the Customer the Booked Service Fee for the performance of the Booked Services.

8.2. The Service Provider acknowledges that CWCS has the right to update the Booked Service Fee at its sole discretion. The Service Provider shall be free to decide at all times whether it wishes to accept the Booking Request.

8.3. CWCS may set differential Booked Service Fees for the performance of the Booked Services and for the performance of the Booked Services on a recurring basis.

8.4. CWCS acts as a payment facilitator for the Service Provider. CWCS will invoice Customers on behalf and in the name of the Service Provider after the successful delivery and notification of the completed Booked Services in accordance to the Customer’s Booking Request.

8.5. The Service Provider acknowledges that, subject to clause 8.1, all Booked Service Fees collected by CWCS on behalf of the Service Provider will be transferred to the appointed bank account of the Service Provider within three (3) working days after the completion of the cleaning services.

8.6. The Service Provider irrevocably authorises CWCS to deduct the Commission, payable by the Service Provider to CWCS, from the Booked Services Fee collected

8.7. If a Customer notifies CWCS that the Booked Services were not performed in accordance with the Cleaning Agreement, the Service Provider acknowledges and agrees that CWCS will not issue an invoice to the Customer or attempt to claim from the Customer any Booked Service Fee referable to the disputed Booked Services until the dispute is resolved between the Customer and the Service Provider.

8.8. The Service Provider acknowledges and agrees that:

(a) CWCS will not be liable for any Booked Service Fee that any Customer fails to pay or that it, for any reason, does not receive from any Customer; and

(b) the Service Provider will not make any claim against CWCS for the non-payment or non-receipt of any Booked Service Fee.

8.9. If a Customer fails to meet its obligations under the Cleaning Agreement, including payment of the Booked Service Fee, CWCS shall not be obliged to collect any outstanding fees. The Service Provider shall have all rights available at law to take legal action against the Customer. The Service Provider shall notify CWCS at least seven (7) days prior to initiating any legal action.

8.10. CWCS may withhold, retain or set off from any Booked Service Fees due to the Service Provider under this Agreement to protect it against any costs, charges, expenses and damages for which the Service Provider is liable under or in connection with this Agreement. This right to withhold, retain or set off does not limit CWCS’s right to recover those amounts in any other way.

8.11. In the event of a complaint by a Customer with respect to any damage to Customer property or premises, CWCS may deduct from the collected Booked Service Fees otherwise due to the Service Provider a reasonable sum at its discretion pending full investigation and resolution of the damage complaint.

8.12. The Service Provider will strictly refrain from collecting the Booked Service Fee in cash or otherwise directly from the Customer. CWCS reserves the right to withhold, retain or set off the equivalent of the amount collected from any present or future Booked Service Fees otherwise due to the Service Provider. In addition, CWCS reserves the right to impose sanctions on the Service Provider at its discretion.

Booking Changes and Cancellations

9.1. The Customer can cancel and amend an Event on the Website, free of charge, up to twenty-four (24) hours before the Event. CWCS will notify the Service Provider of any cancellation or amendment of a Booking as soon as practicable.

9.2. If the Customer cancels or amends an Event within twenty-four (24) to any time after the Event is scheduled to begin, a cancellation fee will be charged to the Customer. CWCS will notify the Service Provider as soon as practicable and will include the cancellation fee, less CWCS’s Commission, in the total amount to be processed during the next earliest Processing Date.

9.3. If the Service Provider is unable to attend a confirmed Event, it must notify CWCS as soon as practicable. Successful receipt of the notification will be determined as at the point in time by which CWCS acknowledges the notification.

(a) The Service provider shall be permitted to cancel and amend an Event, free of charge, up to twenty-four (24) hours before the Scheduled Booking Time.

(b) If the Service provider cancels or amends an Event within the twenty-four (24) hour period before the Scheduled Booking Time, the Service provider agrees to be charged a cancellation fee which may be compensated to the Customer at CWCS sole and absolute discretion in accordance to the Terms and Conditions. If the Service provider is unable to complete an accepted Booking Request at the Scheduled Booking Time, the Booked Service may be performed by another Service provider as may be assigned through the Website and this Agreement shall be terminated and a new agreement will be entered into between the Customer and the replacement service provider.

Promotions

10.1. CWCS may, from time to time, run promotional campaigns to market its Website by discounting the Booked Services Fee.

10.2 CWCS shall offset the difference, at its sole expense, in the discounted Booked Service Fee collected and ensure that the Service Provider receives an amount equivalent to the Booked Service Fee due for, all other things being equal, an undiscounted Event.

Intellectual Property

11.1. Neither Party shall use the Corporate Identity of the other Party without the prior written consent or unless provided for in this Agreement.

11.2. Each Party shall comply with the other Party’s reasonable guidelines and instructions for the use of its Corporate Identity.

11.3. Neither Party shall, without obtaining the other Party’s prior written consent, use or register or attempt to use or register as a trade mark, service mark, trade name, corporate mark or logo that is likely to be confused with any of the Corporate Identity of the other Party.

11.4. Neither Party shall, without obtaining the other Party’s prior written consent, authorise any third parties to use any of the Corporate Identity of the other Party.

11.5. Nothing in this Agreement shall give either Party any rights in respect of any Intellectual

Property in each Party’s branding and/or other Corporate Identity or of the goodwill associated thereof.

11.6. Each Party warrants and represents that each Party’s Intellectual Property provided or used pursuant to or in connection with this Agreement will not infringe any third party’s Intellectual

Property rights.

11.7. The provisions of this clause (11) shall survive the expiry or termination of this Agreement.

Confidential Information

12.1. The Parties shall keep all Confidential Information confidential and use the Confidential Information only in fulfilling its obligations under this Agreement.

12.2 The Parties warrant they will;

(a) not without the prior written approval of the other Party, disclose the Confidential Information unless compelled to do so by law; take all reasonable steps to ensure that its agents, Customers, colleagues, employees, officers, staff, contractors, subordinates and superiors, do not make public or disclose any Confidential Information;

(b) take all reasonable measures to ensure that the Confidential Information is protected against loss, unauthorised access, use, modification, disclosure or other misuse;

(c) ensure that only authorised personnel have access to the Confidential Information in line with industry best practice;

(d) immediately notify the other Party where it becomes aware that a disclosure of any Confidential Information which may be required by law;

(e) secure the execution of a non-disclosure agreement on terms as required by either Party by any agents, colleagues, employees, officers, staff, contractors, subordinates and superiors requiring access to any Confidential Information;

(f) immediately notify the other Party where it becomes aware of a breach of this clause (12); and

(g) immediately take all reasonable steps to stop a breach or potential breach of this clause (12).

12.3 Nothing contained in this clause shall be construed so as to place an obligation of confidentiality on the Parties in respect of information that has entered the public domain, provided that the information has not entered the public domain due to the other Party’s breach of this Agreement.

12.4 If either Party is uncertain as to whether any information provided by the other Party is Confidential Information, the Party must treat that information as if it was Confidential Information unless and until the other Party advises in writing that the information is not Confidential Information.

12.5 On the termination of this Agreement, the Service Provider shall return to CWCS any Confidential Information (in whatever format, however stored) belonging to CWCS.

12.6. This clause (12) will survive the termination of this Agreement.

Termination

13.1. Either Party may terminate this Agreement at any time on the giving of one (1) working day’s written notice.

13.2. This Agreement may be terminated immediately by either Party by written notice, if the other Party commits a material breach of this Agreement, and which, in the case of a breach capable of being remedied is not remedied within fourteen (14) days of a written request to remedy the same.

13.3. This Agreement may be terminated immediately by CWCS by providing written notice to the Service Provider if:

(a) in the sole opinion of CWCS, the Service Provider has been incompetent or grossly negligent in the provision of its obligations in accordance with this Agreement;

(b) The Service Provider becomes or may become bankrupt;

(c) The Service Provider suffers or permits the appointment of a receiver, trustee, judicial manager or such similar officer over any of its business or assets;

(d) The Service Provider becomes the subject of any proceedings relating to insolvency or the protection of creditors’ rights and fails to have those proceedings struck out or dismissed within thirty (30) days of commencement of such proceedings;

(e) if the Service Provider or any persons acting on behalf of the Service Provider is found to have committed or be suspected of committing any offence under any laws of the Republic of Singapore, or has been found to have abetted, attempted or may be suspected of abetting or attempting to commit such an offence;

(f) if from any cause whatsoever the Service Provider is prevented from performing its duties pursuant to the Agreement;

(g) in the sole opinion of CWCS, the Service Provider is guilty of any conduct which is prejudicial to CWCS or its business interests; and/or

(h) if the Service Provider offers, gives or agrees to give to any person, any gift or consideration of any kind as an inducement or reward for doing, promising to do or for having done or having forborne to do any action in relation to the obtaining or execution of this Agreement regardless of whether or not such acts have been done by the Service Provider or persons acting on his behalf (whether with or without the knowledge of the Service Provider).

13.4. Upon written notice by CWCS under clause 13.3, the Service Provider’s obligations shall cease immediately. CWCS has the right to recover damages in respect of any antecedent breach of this Agreement. The Service Provider shall not be entitled by reason of such determination to any right of action or remedy against CWCS.

13.5. The expiry or termination of this Agreement shall not affect any accrued rights, obligations and/or liabilities of the Parties nor the coming into or continuance in force of any provision, which is expressly or by implication intended to come into or continue in force on or after such expiry or termination.

Warranties and Representations

14.1. Each Party represents and warrants to the other Party that:

(a) it has the legal capacity to enter into and perform this Agreement and all the transactions contemplated by this Agreement;

(b) it has or will obtain and maintain at its own costs all insurances, permits, approvals and/or licenses which may be necessary or desirable for the purposes of carrying out this Agreement; and

14.2. The Service Provider warrants that it has sought independent and specified advice from its legal and accounting advisors concerning the likely legal consequences of entering into this Agreement and accordingly has not received from or relied upon any representation by CWCS, its officers, servants or agents whom in any event the Parties acknowledge are not qualified to provide such legal advice.

14.3. CWCS does not warrant or make any representation to the Service Provider that CWCS will provide the Service Provider with a minimum number of bookings.

Damages and Limitation of Liability

15.1 The Service Provider agrees to indemnify CWCS against any liability, loss or claim arising under any statute or common law in respect of:

Loss or damage to property; and/or

Bodily injury to or death of any person

Where the loss, damage, injury or death arises out of or as a consequence of a negligent act or omission of the Service Provider, its servants, or agents, or a breach of the Service Provider’s obligations under the Cleaning Agreement or this Agreement. This indemnity will not be defeated or reduced by any reason of negligence, omission or default by CWCS, its servants or agents.

15.2. The Service Provider agrees to the extent permitted by law that it will not have or make any claim against CWCS, its servants or agents for personal injury or death or for property loss or damage suffered by the Service Provider, its servants or agents arising out of or as a consequence of the performance of the Cleaning Agreement regardless of how the loss or injury occurs and whether or not the loss or injury is in any way due to a negligent act, breach of duty, default or omission on the part of CWCS, its servants or agents.

Independence

16.1. Each Party is and shall remain at all times an independent of the other Party, fully responsible for its own acts or omissions (including those of its employees, agents, contractors or representatives).

16.2. Neither Party, nor their employees, agents or representatives shall at any time attempt to act or act on behalf of the other Party to bind the other Party in any manner whatsoever to any obligations.

16.3. Nothing in this Agreement shall be construed or deemed as creating any agency, brokerage, employment relationship, joint venture or Service Provider ship between the Parties.

Non Solicitation

17.1. Notwithstanding the terms of clause 16, the Service Provider agrees that it will not during the term of this Agreement and for a period of twelve months after its termination, directly or indirectly entice away or solicit or accept the business of or deal in any manner with any person, firm or company who was introduced to the Service Provider by CWCS during the term of the Agreement and with whom the Service Provider was engaged, involved or dealt with or about which or whom the Service Provider received Confidential Information by virtue of its association with CWCS.

17.2. If the Service Provider breaches the terms of clause 17.1 then, it shall pay to CWCS within fourteen (14) calendar days of the occurrence of the breach as liquidated damages, and not as a penalty, the sum of $1000 for each any person, firm or company it deals with.

Taxes and Expenses

18.1. Each Party is at all times responsible for their own costs, taxes, imposts, levies, payments and other outgoings and expenses, including, but not limited to:

(a) Income tax;

(b) Payroll tax;

(d) CPF;

in connection with the services under this Agreement. For the avoidance of doubt, this includes any lodgment or payment obligation of a Party, in relation to any of the matters set out in section (a) to (d) above, to any Government Authority arising from a supply made under or in connection with this Agreement.

Force Majeure

19.1. If, by reason of any event of Force Majeure which was outside the control of a Party resulting in the delay in, or prevention from, performing any of the provisions of this Agreement:

(a) then such delay of performance shall not be deemed to be a breach of this Agreement;

(b) no loss or damage shall be claimed by a Party from the other by reason thereof; and

(c) the Parties shall use their best endeavors to minimise and reduce any period of suspension occasioned by any event of Force Majeure.

19.2. An event of Force Majeure shall mean and include fire, flood, casualty, lock out, strike, labour condition or industrial action of any kind, unavoidable accident, national calamity or riot, disease, act of God, the enactment of any act of Parliament or the act of any legally constituted authority, any cause or event arising out of or attributable to war or any other cause or event (whether of a similar or dissimilar nature), outside the control of the Parties.

Assignment

20.1. Neither Party may assign, sub-contract and/or transfer their respective rights and/or obligations under this Agreement without the prior written consent of the other Party.

General Provisions

21.1. Time is of the essence in the performance by the Parties of their obligations under this Agreement.

21.2. This Agreement must not be amended except by an instrument in writing signed by each of the Parties to this Agreement.

21.3. The Parties acknowledge that this Agreement constitutes the entire Agreement and understanding of and between the Parties and that there are no other representations, promises, warranties, covenants, undertakings, terms or conditions, whether oral or in writing, in relation to the subject matter of this Agreement of any force or effect unless contained in this Agreement.

21.4. All notices, demands and other communications between the Parties for the purposes of this Agreement shall be in writing and addressed to the Party’s address stipulated in this Agreement.

21.5. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

21.6. This Agreement may be executed in any number of counterparts and all such counterparts when executed and taken together will constitute this Agreement.

21.7. It is agreed by the Parties that, notwithstanding the use of the words “writing,” “execution,” “signed,” “signature,” or other similar words, the Parties intend that the use of an Electronic Signature and the keeping of records in electronic form be granted the same legal effect, validity or enforceability as a signature affixed by hand or the use of a paper-based record keeping system (as the case might be) to the extent and as provided for in any applicable law applicable within the Republic of Singapore.

21.8. No right under this Agreement is deemed to be waived except by notice in writing to that effect signed by each party.

21.9. No waiver by any party to this Agreement of a breach by any other party shall be construed as a waiver of any subsequent breach.

21.10. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore and the Parties agree to submit to the non-exclusive jurisdiction of the Courts of the Republic of Singapore.

21.11. A person who is not a party to this Terms of Use has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of this Terms of Use.

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