|Manpower Research And Statistics Department
|Ministry of Manpower
|18 Havelock Road #05-00
|Email: mom_ email@example.com
This Agreement contains the terms and conditions which shall bind Establishment Account Holders of the AutoBenchmark System, provided by the Ministry of Manpower.
PLEASE READ THIS AGREEMENT CAREFULLY. By clicking "I agree to the Terms and Conditions", it signifies your acknowledgement and acceptance of the terms and conditions set forth in this document. It also signifies that you have read and understood the Terms and Conditions.
MOM reserves the right to change the Terms and Conditions, from time to time at its sole discretion. All changes will be broadcast online on the AutoBenchmark system, and the Establishment Account Holder’s continued use of AutoBenchmark after such changes have been broadcast will constitute the Establishment Account Holder’s agreement to the modified Terms and Conditions and all of the changes. The Establishment Account Holder should therefore check Terms & Conditions for Use of AutoBenchmark whenever the Establishment Account Holder accesses AutoBenchmark.
1. Definition of Terms
In this Agreement, the following words and phrases shall have the meanings assigned to them except where the context otherwise requires:
||refers to the Ministry of Manpower;
||refers to the facilities provided through the AutoBenchmark system;
|“Establishment Account Holder”/ “Account Holder”
||refers to the Establishment applying for access to AutoBenchmark and related authorised users;
||refers to Administrator users (or Administrators) and normal users;
||refers to the Singapore Corporate Access ID;
||refers to an establishment which had previously provided their establishment’s information for various surveys included in AutoBenchmark.
2. Services to be Provided
2.1. The Account Holder shall have access to the Services in AutoBenchmark to carry out any of the transactions provided by the system.
2.2. MOM may vary the Services provided through AutoBenchmark and shall notify the Account Holder of any variation by posting a message broadcast via AutoBenchmark System. MOM may vary the contents provided through AutoBenchmark without any prior notification.
2.3. MOM reserves the right not to approve any application that may be submitted by the Account Holder through AutoBenchmark.
3. Hours of Operation
3.1. MOM reserves the right to shut down the AutoBenchmark for system maintenance as and when necessary. MOM shall take reasonable steps to notify the Account Holder of the system unavailability by posting a message broadcast via AutoBenchmark System. MOM shall not be responsible for any damage or loss resulting from the unavailability of the system.
4. Intellectual Property
4.1. The AutoBenchmark system is owned and operated by MOM. MOM reserves the right to update or modify the system from time to time.
4.2. The Account Holder acknowledges and agrees that all intellectual property rights subsisting in or used in connection with AutoBenchmark system or the datasets are the property of the MOM, as the case may be.
4.3. The Account Holder has no authority to enforce any intellectual property rights belonging to MOM in respect of the datasets except with the prior written approval of the MOM.
4.4. The contents of the AutoBenchmark system, including but not limited to the specifications, materials, programs developed by MOM and/or its authorised agent, text, graphics, logo or mark are protected by copyright, trademark and other forms of propriety rights and these rights are owned by, licensed or controlled by MOM.
4.5. No part(s) of the AutoBenchmark system may be reproduced, distributed, adapted, modified, republished, displayed, broadcasted or transmitted in any manner or by any means without prior written permission from MOM. The Account Holder shall use the Services in a manner that will not infringe these rights.
5. Change of Address and Contact Details
5.1. The Administrator shall notify MOM of any change of contact details within 7 days of such change.
6. Cessation of Business
6.1. If the establishment intends to cease business or is facing insolvency or bankruptcy proceedings, the Account Holder must notify MOM in writing within 14 days of such intent or proceedings. Such notice shall be given before the establishment ceases business operations or before any insolvency or bankruptcy proceedings are instituted.
7. AutoBenchmark Account
7.1. Establishment Account Holder may nominate two authorised Administrators and furnish their CorpPass IDs to MOM. MOM may then grant access rights to the two nominated Administrators. MOM shall not be responsible for any fraudulent or unauthorised use of these two CorpPass IDs.
7.2. The Account Holder shall inform MOM immediately if he/she believes that an unauthorised transaction may be or has been conducted with his/her CorpPass ID. MOM will cease the account and shall be under no further duty thereafter. In particular, MOM shall have no other duty to investigate any unauthorised usage.
7.3. MOM reserves the right to independently terminate the AutoBenchmark account without giving any reasons.
8. Account Holder(s)' Responsibilities
8.1. The Account Holder must not use the data for purposes deemed inappropriate and/or misleading to the general public. Such instances include, but are not limited to:
a) present the datasets in a misleading or incorrect manner, or misrepresenting the data; or
b) use the data to promote or support any illegal activities.
8.2. The Account Holder must clearly state in his/her presentation or report that the data are retrieved from AutoBenchmark system, the source of the data and the date the data were retrieved should also be included.
8.3. It is the Account Holder’s sole responsibility to take all necessary measures to prevent unauthorised access to the system.
8.4. The Account Holder may ensure that all information submitted for the application to subscribe to AutoBenchmark is complete, accurate, true, correct and consistent with the supporting documents. Failure to do so shall result in delay in processing or rejection of the application.
8.5. The Account Holder shall retain all relevant documents used to support the application of the AutoBenchmark account issued by MOM. If the Account Holder is unable to produce these documents to MOM when required, the AutoBenchmark account may be terminated. MOM shall not be responsible for any damage or loss resulting from the termination of account.
8.6. The Account Holder must at all times comply with the instructions or directions issued by MOM regarding the use of AutoBenchmark.
8.7. The Account Holder is prohibited from violating or attempting to violate the security of the AutoBenchmark system including:
a) access data or log into a server or account which the Account Holder is not authorised to access;
b) attempt to probe, scan or test the vulnerability of the AutoBenchmark system;
c) breach or attempt to breach the security or authentication measures of the system.
The Account Holder agrees that he/she will not:
a) use any robot, spider, other automatic device, or manual process to monitor or copy any pages other than for non-commercial purpose within the AutoBenchmark system or the Contents without MOM's prior written permission;
b) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website; and
c) take any action that imposes an unreasonable or disproportionately large load on MOM's servers.
8.8. MOM shall deem all information provided by the Account Holder to be accurate. MOM will not be obliged to investigate the authenticity or authority of persons effecting the Account Holder’s instructions or verify the accuracy and completeness of the Account Holder’s instructions. The Account Holder shall notify MOM immediately upon receipt of incomplete, garbled or inaccurate data or information from MOM. The Account Holder shall also notify MOM immediately upon receipt of any data or information which is not intended for him/her and he/she shall delete such data or information from the Account Holder's Terminal immediately.
8.9. All communications through the AutoBenchmark system shall be deemed to be valid, accurate and authentic. The Account Holder agrees not to dispute the validity, accuracy or authenticity of any evidence of any instructions and communication of AutoBenchmark caused by any manifest or clerical error.
9.1. The data are provided on an “as is” or “as available” basis without warranties of any kind. The use of the AutoBenchmark, or the use or reliance on any information accessed through the system, is entirely at the Account Holder's own risk. MOM does not make any representations or warranties whatsoever and, to fullest extent permitted by the law, hereby disclaim warranties, whether express, implied or statutory, to the Account Holder or any third party in relation to the use of the data, including but not limited to any warranty as to the accuracy, correctness, reliability, timeliness, non-infringement, title, quality or fitness for any particular purpose of the data.
9.2. Any analysis or transformation of data made by the Account Holder and shall not be attributed to MOM.
9.3. To the fullest extent permitted by law, MOM is not liable for any damage or loss of any kind caused directly or indirectly by the use of the data or any derived analyses or applications.
9.4. While every care is taken by MOM to provide the Services, the Singapore Government disclaims all liability whatsoever, for:
a) any loss of or any inability to retrieve any data or information however caused and including non-deliveries, misuses, misdeliveries as a result of any interruption or termination of service;
b) any inaccuracy in the information or resources available, received or transmitted through AutoBenchmark;
c) any malfunction, defect or error in the AutoBenchmark system; and
d) any delay or inability on MOM’s part in the provision of the Services under this Agreement because of any electronic, mechanical, system, data processing or telecommunication defect or failure, Act of God, civil disturbance or any event outside MOM’s control
Further, no guarantee is given that
a) AutoBenchmark system will be always accessible;
b) AutoBenchmark system will be free from errors or defect; and
c) AutoBenchmark system will be free from virus or other malicious, destructive or corrupting code, agent, program or macros
MOM shall not be responsible or liable for any direct, incidental or consequential damage or loss that may result from such errors, defects or harmful components
9.5. To the fullest extent permitted by law, the MOM shall not be liable to the Account Holder or any third party for damage or loss of any kind, including but not limited to direct, indirect, punitive, special or consequential damages, loss of goodwill, loss of business resources, income, revenue or profits, lost or damaged data, or damage to the Account Holder’s computer or other property, arising directly or indirectly from the Account Holder’s or any third party’s use of, or inability to use, the datasets or the relevant Websites.
10. Termination of Agreement
10.1. Upon termination of the Agreement, without any reasons provided, the Account Holder shall not continue to use the Services.
10.2. Termination of this Agreement shall not affect the accrued rights or liabilities of either party nor shall any remedy which any party has against the other be affected.
10.3. MOM reserves the right to independently terminate the AutoBenchmark account without giving any reasons.
11. Assignment of Agreement
11.1. The Account Holder shall not, without the prior written consent of MOM, sub-contract, transfer or assign this Agreement or benefits or obligations or any part thereof, to any other party.
12. Applicable Law
12.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore. The Account Holder irrevocably agrees for the exclusive benefit of MOM that the Singapore courts shall have exclusive jurisdiction in relation to any dispute arising from or relating to this Agreement, and for such purposes irrevocably submit to the jurisdiction of the Singapore courts. MOM reserves their rights to commence or maintain proceedings for such a dispute in the court of any other country claiming or having jurisdiction in respect thereof and the Account Holder irrevocably waive any objection the Account Holder may have to such proceedings being brought in any such court.
12.2. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B to enforce any term.
12.3. By accessing and/or using AutoBenchmark, the Account Holder agrees that Singapore law (including without limitation the Electronic Transactions Act, Chapter 88) shall govern such access and the service.
13.1. In the event of any dispute, claim, question or disagreement arising out of and relating to this Agreement or the breach thereof, no party shall proceed to litigation or any other form of dispute resolution unless the parties have made reasonable efforts to resolve the same through mediation in accordance with the mediation rules of the Singapore Mediation Centre. A party who receives a notice for mediation from the other party shall consent and participate in the mediation. Any failure to comply with this clause shall be deemed to be a breach of the Agreement.
14.1. MOM may vary the terms and conditions of this Agreement and/or create new terms or conditions at any time by notifying the Account Holder of the changes. The changes shall take effect on the date specified on the notice. Should the Account Holder continue to use the Services after the specified time, the Account Holder shall be deemed to have accepted the changes. MOM shall notify the Account Holder of any changes via online message broadcast on AutoBenchmark system or in such manner as MOM deems appropriate.
15. Exclusion of Liability
15.1. MOM shall in no event be liable for any damages, loss or expense including without limitation, direct, special or consequential damage or economic loss arising from or in connection or referable to:
a) any access, the use or inability to access or use of the AutoBenchmark or the services, or reliance on the information on the AutoBenchmark;
b) any system, server or connection failure, error, omission, interruption or delay in transmission;
c) any computer virus or other malicious, destructive or corrupting code, programs or macro that may affect the computer equipment, program or other property of the Account Holder’s.
16.1. Account Holder agrees not to hold MOM liable for any claims or legal action, resulting from his/her use of the Services or from his/her breach of the terms and conditions of use.
16.2. The Account Holder agrees to fully indemnify MOM and to hold the MOM harmless from any and all claims, demands, losses, liabilities, costs and expenses (including but not limited to legal costs) against the Singapore Government and its Statutory Boards arising directly or indirectly from:
a) The Account Holder’s use of the data;
b) The Account Holder’s breach of Account Holder Terms and Conditions;
c) The Account Holder violation of any rights of another; or
d) Any claim made by a third party in connection with the third party’s use of the data or any derived analyses or applications which the Account Holder has provided.
17.1. All feedback given to MOM including questions, comments, suggestions or the like regarding or in response to the content of this or the AutoBenchmark shall be deemed to be non-confidential. MOM shall be free to use, for any purpose, any ideas, concepts, techniques or know-how contained in such feedback. MOM shall not be subject to any obligation with respect to such feedback and shall be free to reproduce, use, disclose and distribute to others without limitation.
18. Severance of Terms
18.1. If any provision of this Account Holder Agreement is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of this Account Holder Agreement, all of which shall remain valid and enforceable.