Reviewing the Laws

Terms of Use

1. General Information

 

1.1) Please review these Terms of Use carefully before using this Site or the Services.

 

1.2) This agreement constitutes a binding contract on You and governs the use and access to the Services by You.

 

1.3) By registering with us or using any part of the Site or Services, You shall be deemed to have accepted to be legally bound by these Terms of Use and Privacy Policy without limitation or qualification. If You do not agree to these Terms of Use and Privacy Policy, please do not access or use the Site or Services.

 

 

2. Definitions

 

2.1) In these Terms of Use, unless the context otherwise requires, the following words or expressions shall have the following meanings:

a) “Authorised Individuals” means users within a Party environment who have been granted access to shared User Content by the environment administrator.

b) “Client” means any organisation using the Site to manage their Declarations. 

 

c) “Content” means the materials located on this Site, including the text, information graphics, audio, video and software programs, as well as any third-party application program interface information (“APIs”) available on or through the Site​.

 

d) “Declaration” means the information relating to the posted worker(s) and their liaison collected for the purpose of a submission.

 

e) “EEA” means the European Union, European Economic Area and Switzerland.

 

f) “GDPR” means the General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016.

 

g) “Parties” or “Party” means collectively the Clients and Providers.

 

h) “Posting” means the entire period the Client’s worker is working in the host country.

 

i) “Privacy Policy” means the privacy policy found on this link which provides details of how we collect and store personal information.

 

j) “Provider” means any existing corporate or private service providers using the Site to manage the provision of their Services for Clients.

 

k) “ReloTalent” means ReloTalent Pte Ltd.; the owner, developer and administrator of http://www.powo.eu/.

 

l) “ReloTalent Fees” means the fees payable by the Parties who are using the Site and our Services to manage their Declarations.

 

m) “Services” means all our services, software and the Site provided or made available to You.

 

n) “Site” or “Website” means the website at https://www.powo.eu/ its sub-domains, and any associated web-based applications as owned and operated by ReloTalent Pte Ltd.

o) “Terms of Use” or “Terms” means the Terms of Use herein, as well as our Privacy Policy.

 

p) “User”, “Users”, “You” or “Your” means the users who are registered with us for the use of the Site and Services.

 

q) “User Content” means the content which a User posts, uploads, displays or otherwise makes available, whether privately or publicly, on or through the Site.

 

3. Scope

 

3.1) These Terms of Use establish the conditions under which:

a) organisations (“Clients”) manage their compliance and posted worker Declarations for workers throughout the European Union, European Economic Area and Switzerland (“EEA”).

 

b) service providers (“Providers”) provide Declaration Services for individuals seconded to the European Union, European Economic Area and Switzerland (“EEA”), specifically to employers of posted workers (the “Client” or “Clients”), who request such Services online at http://www.powo.eu/ (the “Website”).

 

3.2) Depending on the country of destination of the Declaration, the Client may nominate one or more Providers as representatives or contact persons in that country to submit and complete the mandatory Declaration. When ordering a service, Clients should be vigilant as to the identity of the representative or contact person who will act as a liaison and represent their interests.

 

3.3) These Terms of Use supersede all prior agreements between ReloTalent and the Parties, and between the Parties, with regards to http://www.powo.eu/.

 

3.4) These Terms of Use applicable to Services shall be those in effect at the time of payment of the order. All information and pricing are indicative and subject to change at any time. Providers may make changes to these at their discretion.

 

3.5) In accordance with applicable law and regulations, these Terms of Use are provided to all Parties on request and are available on the Website. 

 

3.6) The Website is provided in English, French, Italian and Spanish. Only the English version of the Website and shared documentation shall be deemed valid.

 

 

 

4. Provision of Services

 

4.1) The Services offered to Clients by Providers are a legal and regulatory requirement across many jurisdictions. The Client is hereby made aware of the possible mandatory nature of these Services and is free to order some or all Services on the Website; ReloTalent accepts no responsibility for any failure on the part of the Client to perform its obligations.

 

4.2) Services proposed by Providers to address the Client's requirements are identified based on the details that the Client provides.

 

4.3) The designated liaison or contact person alone, whether they be a Provider or not, shall be responsible for communications between the Client and public authorities, and for dealing with the documents of declared workers.

 

4.4) The Provider shall assist the Client with any labour inspectorate audits by receiving and forwarding all documents, requests, queries and correspondence regarding the declared workers, translated into the language of the host country. 

 

4.5) ReloTalent accepts no responsibility for any failure on the part of the Provider to perform its obligations.

 

 

5. Registration

 

5.1) You will need to register an account with us before using our Services.

 

5.2) To register, You must be [18] years old and above and must complete the registration process. You confirm that all information provided by You is true, accurate, correct and up to date. If You are registering on behalf of Your company, You represent and warrant that You are duly authorised to enter into this agreement on behalf of Your company. 

 

5.3) You are responsible for the confidentiality of Your username and password and shall take ownership of all activity and transactions under Your account and managing access to Your account.

 

6. Access

 

6.1) Access to the Website, as is the case of the internet more generally, cannot be guaranteed. By using the Website, Parties therefore understand and accept the properties and limitations of the internet and related technology, the absence of protection for some items of data against misuse or piracy, and the risk of infection from viruses present in the network.

 

6.2) As ReloTalent is also dependent on internet service quality, it cannot guarantee the continuity of the Website or ensure that faults to internet services are rectified. ReloTalent accepts no responsibility for unavailability of the Website, connection issues, or interruptions to service (e.g. faults with servers, telephone lines or any other technical connections) when using the Website or, more generally, any interruption to internet services that affect the use of the Website. As such, ReloTalent accepts no responsibility for any computer system errors or faults identified on the Website.

 

6.3) As far as possible, access to the Website is permanent, notwithstanding interruptions to or restriction of access to facilitate repairs, maintenance, and the addition of new functional features, products or Services. ReloTalent shall make every effort to minimise the frequency and duration of interruptions or restrictions.

 

6.4) ReloTalent shall not be held liable for incidents arising from force majeure, incidents that are attributable to the actions of the Parties or malicious third-parties, or incidents that might occur during or after the order process that result in a fault with the Website or server.

 

 

7. Ownership and Processing of User Content

 

7.1) You retain ownership of Your User Content.

 

7.2) User Content will be used or otherwise processed only to provide the User and any Authorised Individuals the online Services including purposes compatible with provided those Services. ReloTalent will not use or otherwise process User Content or derive information from it for any advertising or similar commercial purposes. ReloTalent gains no rights in User Content, other than the rights User grants to ReloTalent to provide the Services to User. 

 

7.3) ReloTalent owns any aggregated and statistical data derived from the operation of the Site and Services, including but not limited to the number of records in the Services and the number and types of transactions, configurations and reports processed in the Services (“Aggregated Data”). Nothing in this agreement shall be construed as to restrict ReloTalent from using the Aggregated Data for the purposes of operating its business and improving our Services, provided that such use will not reveal, whether directly or indirectly, any personal data. For the avoidance of doubt, the Aggregated Data does not include any personally identifiable information.

 

7.4) ReloTalent will only use the User Content to provide or improve the Site and Services, to prevent or address any service or technical issues, to fulfil its obligations herein, in accordance with these Terms of Use, or otherwise as authorised or instructed by You. ReloTalent will not disclose User Content outside of ReloTalent except as the User directs, as described in the Terms of Use, or as required by law:

a) ReloTalent will not disclose User Content to law enforcement unless required by law. If law enforcement contacts ReloTalent with a demand for User Content, ReloTalent will attempt to redirect the law enforcement agency to request that data directly from User. If compelled to disclose User Content to law enforcement, ReloTalent will promptly notify Customer and provide a copy of the demand unless legally prohibited from doing so.

 

b) Upon receipt of any other third-party request for User Content, ReloTalent will promptly notify User unless prohibited by law. ReloTalent will reject the request unless required by law to comply. If the request is valid, ReloTalent will attempt to redirect the third-party to request the data directly from the User.

 

c) ReloTalent will not provide any third-party: (i) direct, indirect, blanket or unfettered access to User Content; (ii) platform encryption keys used to secure User Data or the ability to break such encryption; or (iii) access to User Content if ReloTalent is aware that the data is to be used for purposes other than those stated in the third-party request.

 

7.5) Personal Data provided to ReloTalent by, or on behalf of, User through the use of the Services is also User Content. Pseudonymised identifiers may also be generated through User’s use of the Services are also Personal Data. To the extent ReloTalent is a processor or subprocesses of Personal Data subject to the GDPR, the GDPR terms in ReloTalent’s Data Protection and Processing Agreement govern that processing.

 

7.6) To the extent that any User Content is subject to United States or European Union data protection laws, or any other data protection and transfer laws, policies or regulations which may be applicable, the User acknowledges and agrees that they will comply with such laws, policies and regulations when using the Site and Services.

 

 

8. Pricing

 

8.1) ReloTalent Fees

ReloTalent pricing is delivered in Euro (‎€) on per worker, per month basis for each Declaration, as per the rates displayed on the Website or in Your account. Users will be charged from the time of creating a Declaration to the Declaration being in status Archived or deleted.  

 

The Declaration can be Archived at any time and essential documents required for potential audit and authority review can be held for an additional per worker, per month fee, as per the rates displayed on the Website or in Your account.

 

Monthly terms are measured on an in advance basis. I.e. 1 day is equivalent to 1 month; 1 month and 1 day is equivalent to 2 months.

 

ReloTalent Fees are billed on a monthly basis according to the number of workers per Declaration active during that month. By default, a Declaration is considered to include one worker unless otherwise specified. By default, the ReloTalent fees are only paid by one User account (Clients or their Providers).

 

8.2) Provider Pricing

If a Client wishes to employ a Provider to outsource Declarations, any payment between the Parties for provision of agreed Services are in addition to the ReloTalent Fee.

 

Provider pricing is agreed separately and may be changed at any time without prior notice. Services are charged at the rates applicable at the time of payment.

 

Clients should take necessary steps to ensure that the Provider You employ is suitable for Your needs and is of sufficient quality and reliability.

 

Service fees are billed on a monthly basis. 

 

 
9. Payments

 

9.1) All updates, upgrades and service enhancements will be delivered free of charge. Additional paid features may be added and charged for.

 

9.3) You agree to pay ReloTalent Fees and any other applicable fees stated in our monthly invoice or otherwise specified in these Terms of Use. All fees paid are non-refundable. Unless otherwise stated, the ReloTalent Service Fees are payable in arrears on a monthly basis.

 

9.5) ReloTalent Fees may be paid via credit card. By providing Your credit card information, You represent and warrant that You are authorised to use the credit card and You authorise ReloTalent to charge the card for all payments stated herein. By submitting payment information, You authorise ReloTalent to provide that information to third-parties for the purposes of facilitating payment. You agree to verify any information requested by ReloTalent for purposes of acknowledging or completing any payment.

 

9.6) Any amounts payable which are not received by ReloTalent by the applicable due date may be subject to late payment interest at 1.5% per month, or the maximum interest permitted by applicable law, whichever is less. Any costs and expenses incurred by ReloTalent in recovering any outstanding amounts from You shall be payable on an indemnity basis.

 

9.7) Any amounts payable which are not received by ReloTalent within thirty (30) days after the applicable due date will be deemed a material default under these Terms of Use, and ReloTalent shall be entitled to suspend, delete or terminate Your account or the provision of the Services to You, at its sole discretion.

 

9.8) In the event that Your account is terminated for any reason, whether due to breach of any of the Terms, or whether for convenience in accordance with Clause 16 (Termination), there will be no refund of any fees which have been paid pursuant to this Clause 9 (Fees).

 

 

10. Taxes

10.1) The Subscription Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction.

 

10.2) You shall pay all applicable goods and Services tax, duties or levies whatsoever at the rate which may from time to time be imposed or charged at any time by any government statutory or tax authority on or calculated by reference to the amount of any sums payable by You hereunder or to reimburse us for the payment of such taxes, duties or levies immediately on receipt of written notice from us.

 

10.3) If we shall at any time be compelled by any applicable law to withhold or deduct any tax on Your behalf from any amount payable to You hereunder, we shall, when making payment to You, make payment of such tax at the applicable rate to the appropriate tax authority and shall promptly furnish to You written receipts from the appropriate tax authority certifying that such payments have been made.

 

 

11. Responsibility

 

11.1) Notes and documentation available on the Website, including the blog, are provided for information purposes only. Knowledge of such information should in no way substitute for seeking legal advice. Information provided on the Website should not be cited, regarded or used as tax or legal advice. Parties therefore acknowledges that it alone is responsible for the use of such information. ReloTalent accepts no responsibility for the use made by the Client of this information.

 

11.2) Responsibility of ReloTalent

ReloTalent undertakes to ensure that Services provided via the Website comply with applicable law in Singapore and the EEA. ReloTalent shall not be subject to any provision applicable in countries from which the Website is accessed.

 

ReloTalent shall not be held liable in the following instances:

  1. Faults, loss of access, misuse, unsuitable computer system configuration, or use by the Parties of a browser other than Google Chrome, Mozilla Firefox or Microsoft Edge.

  2. Content available on other websites or online sources that can be accessed by hyperlinks included on the Website (including advertisements, products, Services or any other information). Damages or loss of any kind that might be caused on account of the Client's visiting such websites shall not be attributable to ReloTalent;

  3. Errors, inaccuracies, shortcomings, delays or omissions in information provided by the Parties on the Website or in the Parties’ personal account space;

  4. Inaccuracies, shortcomings or omissions in documents sent by the Parties;

  5. Delays on the part of the Parties in sending documents, prior to the Declaration or during the Posting in the event of audits by public authorities;

  6. Administrative fines levied on the Parties by authorities;

  7. Articles published on the Website are purely for information purposes only and shall in no way exempt the Parties from seeking legal or any other form of relevant professional advice.

 

ReloTalent shall not operate in an advisory capacity vis-à-vis the Parties.

 

ReloTalent’s role shall be limited to providing a platform for those involved in a Posting, so that they can establish how they are connected. ReloTalent accepts no responsibility for failure on the part of the Parties to comply with the law of the source country or host country of the posted worker. 

 

11.3) Responsibility of Providers

Providers are bound by a best efforts obligation and as such shall make every effort to provide a service that meets professional quality standards. Providers shall strive to complete assignments requested by their Clients to the highest standard.

 

Providers shall not be held liable in the following instances:

  1. Errors, inaccuracies, shortcomings, delays or omissions in information provided by the Client on the Website or in the Client's personal account space;

  2. Inaccuracies, shortcomings or omissions in documents sent by the Client;

  3. Delays on the part of the Client in sending documents, prior to the Declaration or during the Posting in the event of audits by public authorities;

  4. Administrative fines levied on the Client by authorities.

 

As with ReloTalent, the Provider shall not be held liable, insofar as the Website sends regular reminders to the Client to provide the necessary documentation to the authorities in a timely manner.

 

Neither ReloTalent nor the Provider is obligated to ensure that the Client complies with the law. Unless otherwise agreed between the Parties, the Provider’s role shall be limited to ensuring that documents provided by the Client contain the required information (e.g. date, posted worker) and not to ensure compliance with relevant legislation. Furthermore, the Client must notify each worker of how Provider will use and process their personal data using this platform.

 

11.4) Responsibility of Clients

The Client agrees to:

  1. Stay informed, with regard to worker secondments, through his/her own efforts or by seeking an advice from a qualified individual in order to become familiar with all obligations to which the it is bound. The Client alone is responsible for complying with the law of the country where the service is provided and in his/her country of residence;

  2. Take note of all notices published on the Website;

  3. Provide all documents requested by the Provider in connection with audits carried out by authorised officials;

  4. Provide only correct information and ensure the accuracy of details and documents sent to the Contact before the Declaration and during the Posting;

  5. Pay for the service in accordance with the Terms of payment;

  6. Pay all administrative fines that might be levied by the relevant authorities;

  7. Comply with and follow instructions from the Provider in good faith, including ensuring that the Declaration is consistent with the details given at the time of order;

  8. Forward required information in connection with the Declaration and Posting to the Provider, translated into the language of the host country of the posted workers. The Client may translate this material or request the Provider to arrange this as per an additional agreement.

  9. Not to falsify or make inappropriate use of documents relating to the Declaration or Posting that are shared by the Provider;

  10. Make all communication with the Provider by email or directly via the Website through the personal account space;

  11. Complete all formalities incumbent upon companies headquartered outside the European Union to obtain work permits for seconded staff.

 

 

12. Proprietary Rights

 

12.1) The Site is owned and operated by ReloTalent. The Content located on the Site is protected by copyright, trademark and other forms of proprietary rights. Unless expressly stated, all rights, title, benefit and interest in the Content are owned by, licensed to or controlled by ReloTalent.

 

12.2) You acknowledge and agree that we own, or have the licence to use, the Site and the Content, including the source and object codes, pages, documents and online graphics, audio, video and such other content found in the Site and any and all intellectual property rights used or embodied in or in connection thereto. Unless expressly stated, all rights, title, benefit and interest in the Site and the Content are owned by, licensed to or controlled by ReloTalent. The Site and the Content shall not be reproduced, republished, transmitted or distributed in any way, without our prior written permission.

 

12.3) You are granted limited access and use our Services in accordance with these Terms of Use and the Privacy Policy. This access shall automatically terminate if You violate any of the restrictions, breach any of the Terms of Use, or if Your account or access to the Site is restricted, suspended, deleted or terminated by ReloTalent. This access may be terminated by ReloTalent on written notice at any time. Upon termination of this access, You must destroy any downloads or copies of the Content in Your possession whether in electronic or printed format.

 

12.4) You agree that we may, at our sole and absolute discretion and to the extent permitted by law, access, preserve or disclose Your account information, usage history and activity in order to:

a) provide the Services to You;

b) comply with any applicable law, regulation, legal process, or government request;

 

c) respond to claims that any Content or User Content violates the rights of third-parties;

 

d) enforce these Terms and investigate potential violations thereof;

 

e) detect, prevent, or otherwise address fraud, security, or technical issues; 

 

f) protect the rights, property, or personal safety of ReloTalent, its Users, or the public

 

 
13. Use of Site and Services

 

13.1) You agree that You will not:

a) use the Site for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email or sending any duplicative or unsolicited messages;

 

b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others; 

 

c) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, tortuous, indecent or unlawful material or information;

 

d) use any material or information available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any Party; 

e) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

 

f) knowingly disseminate information that You know, or reasonably ought to know, to be confidential in nature, in violation of any duty of confidentiality which You are subject to;

 

g) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software or other products or processes accessible through the Site;

 

h) frame or “mirror” any portion of the Site, Services or Content on any other server or into any product or service;

 

i) make improper use of the Site or the Services, or for any purpose not reasonably intended by ReloTalent; or

 

j) use the Site or the Services in violation of these Terms of Use, or in violation of any applicable laws, rules or regulations.

 

13.2) By transmitting and submitting any User Content, You further acknowledge and agree that:

a) by uploading, submitting or making available User Content on the Site, we have the right to use, process or share such User Content on our platforms or with such Parties as may be appropriate for the provision of our Services; 

 

b) You are solely responsible for (and that we have no responsibility to You or to any third-party for) any data that You transmit, update or upload while using the Site and Services, and for the consequences of Your actions (including any loss or damage which we may suffer) by doing so;

 

c) You grant ReloTalent the right to name Your company by name and also pictorially by using Your company’s logo as a reference for ReloTalent’s own advertising purposes.

 

d) You will not submit User Content or other information that is protected by intellectual property rights such as copyrights, or subject to third-party confidentiality or proprietary rights, unless You are the owner or have the appropriate permission from the rightful owner to submit and control such Content and grant us a licence to display, use and process such Content;

 

e) You understand and agree that ReloTalent does not research, verify, endorse, represent, warrant or guarantee the truthfulness, completeness, accuracy, reliability, or veracity of any Content on the Site, including but not limited to User Content, and that we have no liability in respect of any such Content.

 

 

14. Personal Data

 

14.1) ReloTalent undertakes to comply with applicable data protection legislation and regulations, in particular the GDPR.

 

14.2) ReloTalent undertakes to use personal data shared by the Parties solely for the purpose of processing the Client's order. Personal data may be shared with subcontractors based within or outside the European Union, and with companies engaged in delivering the service, processing and/or handling orders, or processing payment. ReloTalent shall, to the furthest extent possible, ensure that information systems are secure and that all shared data are kept confidential.

 

14.3) Clients have a right of access, rectification, erasure and portability of their personal data which they can exercise by request to ReloTalent.

 

14.4) As part of the representation with respect to the Declaration of workers, the Parties may allow the principal, contracting authority or beneficiary of the secondment (to whom the workers are posted) to access the data of the workers in order to ensure that the Client is fulfilling their obligations under the Declaration. Where the Client allows the principal, contracting authority or beneficiary of the secondment access to this service, the Client must issue an information notice to posted workers indicating that their personal data are being processed in accordance with the General Data Protection Regulation of 27 April 2016.

 

14.5) ReloTalent undertakes to destroy all personal data that it might obtain from the Client for the purpose of managing the order and the service and delivering the Services in accordance with the statutory time frames for social matters.

 

14.6) Where the Client wishes to dispute the collection and management of their personal data, they may lodge a complaint with the French Data Protection Authority (CNIL).

 

14.7) To exercise their rights or raise a query regarding personal data, Parties may contact ReloTalent by email at feedback@relotalent.com including "PoWo processing of personal data" as the subject.

 

 

15. Confidentiality

 

15.1) All information and documentation shared by the Parties with ReloTalent, or which ReloTalent was or became aware of in connection with the provision of Services, including, but not limited to, information relating to the business activity, Clients, suppliers, expertise or market opportunities of the Client, which were not in the public domain at the time of disclosure, are confidential and shall be treated in the strictest confidence.

 

15.2) ReloTalent undertakes only to use such confidential information for the purpose of effective service provision and undertakes only to disclose this confidential information to those employees authorised to receive it, except where an obligation of disclosure applies under applicable law or regulations.

 

16. Termination

16.1) The term of this agreement commences when You register Your account with us, and will continue in effect until terminated by You or ReloTalent as set out in these Terms.

 

16.2) You may terminate this agreement at any time, for any reason or no reason, immediately by deleting Your account with us. If You have ongoing Postings or outstanding payments, You may terminate this agreement at any time, for any reason or no reason, by giving us thirty (30) days’ prior written notice at contact@relotalent.com. Upon termination of this agreement You will retain Your payment obligations. 

 

16.3) We may terminate the agreement with immediate effect without any written notice to You if we cease to provide the Site or the Services at our sole discretion, or if You have breached or violated any of these Terms or the Privacy Policy, or where otherwise provided for in these Terms.

 

16.4) In the event of any termination, You will have no rights to the continued use or access to the Site, the Services, or Your account, except as expressly provided in Clause 16.6. ReloTalent will have no obligation to maintain Your account or to retain or forward any information in Your account, except as required by the applicable law.

 

16.5) In the event of account termination the respective Parties maintain full liability with regards to their ongoing Postings and the legal commitments of posted worker Declaration and subsequent document retention. 

 

16.6) Upon written request by You within thirty (30) days following any termination, and provided that there are no outstanding amounts payable from You to ReloTalent, ReloTalent will make the data in Your account available to You through the Site for a period of up to thirty (30) days after receipt of such notice, subject to an additional fee. After such thirty (30)-day period, ReloTalent will have no further obligations to retain or provide Your data to You.

 
17. Restriction, Suspension or Deletion of Account or Services

 

17.1) We shall have the right to restrict, suspend or delete Your account or access to the Site, or to restrict, suspend or cease to provide any Services to You at any time at our sole discretion for any reason or no reason. Where such restriction or suspension of Services is due to planned downtimes for maintenance of the Site and the Content, this will be communicated in advance on or through the Site, or by email.

 

 
18. Communications

 

18.1) All communications between You and ReloTalent may be retained by us for our internal records. Save as where expressly provided for in these Terms and our Privacy Policy, we will not reveal such communications to any person, firm or company and shall not use or attempt to use any such communications in any manner without Your permission, unless the disclosure is necessary to comply with a legal process; protect the rights, property or safety of ReloTalent or another Party; enforce this agreement; or respond to any complaints.

 

18.2) You agree and acknowledge that communications between You and ReloTalent may be by way of email or by ReloTalent uploading notifications on the Site or through its Content, and that such communication will satisfy any notification requirements in these Terms of Use and the Privacy Policy.

 

19. Electronic Delivery

 

19.1) Where appropriate, we use available technology to protect the security of communications made through the Site. However, as no data transmission over the internet can be guaranteed to be completely secure, we cannot guarantee the security of any information You transmit to us, and You transmit such information at Your own risk. We do not accept liability for the security, authenticity, integrity or confidentiality of any transaction and other communications made through the Site.

 

19.2) Internet communications may be susceptible to interference or interception by third-parties. Despite our best efforts, we make no warranties that the Site is free of viruses or other unauthorised software. You should take appropriate steps to keep Your information, software and equipment secure. This includes clearing Your browser cookies and cache before and after using the Services on the Site.

 

20. Acknowledgement

 

20.1) You acknowledge and agree that the Site may become temporarily unavailable for a number of reasons, including but not limited to, capacity constraints, transmission limitations, equipment modifications, upgrades, relocations, and repairs. Notwithstanding this, we will use reasonable commercial efforts to minimise such non-availability of the Site.

 

 
21. Disclaimer of Warranties and Liabilities

 

21.1) The Site, Services and Content are provided on an “as-is, where-is” basis without any warranties of any kind, express or implied. ReloTalent specifically disclaims implied warranties of title, fitness for a particular purpose, expectation of privacy, non-infringement of intellectual property or other violation of rights. We do not warrant the accuracy, adequacy or completeness of the Site and/or the Content, and expressly disclaim any warranty:

a) as to the accuracy, completeness, correctness, reliability, currentness, timeliness, non-infringement of the Services or Content;

 

b) that the Services or Content are free from any technical, typographical, photographic or any other errors or omissions;

 

c) that the Site and/or any Services will be provided uninterrupted or free from errors or that any identified faults will be corrected; further, no warranty is given that the Site is free from any computer virus or other malicious, destructive or corrupting code/program

 

21.2) We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by You or any third-party arising from or in connection with:

a) Your use of the Site, the Services or the Content;

 

b) any unauthorised access by any person of Your account with us;

 

c) any access, use or the inability to access or use this Site, or reliance on the materials and/or any information in this Site; 

 

d) any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus.

 

22. Representation and Warranty

 

22.1) You hereby represent and warrant that:

a) all information provided by You and/or Your representatives is accurate, complete and up to date, including any compliance with licences, governmental or third-party approvals and consents;

 

b) You and/or Your representatives are not contractually and/or legally restricted from performing Your obligations under the Site or any actions which You and/or Your representatives may take on the Site;

 

c) You and/or Your representatives will comply with all the applicable provisions of these Terms of Use and the Privacy Policy, and any applicable local, state, national and foreign laws, including those related to privacy and transmission of personal data;

 

d) You will notify ReloTalent promptly of any unauthorised access or use to the Site or the Content.

 

23. Third-party Sites

 

23.1) The Site may contain links to other websites or resources on the internet, which are not produced or maintained by us. ReloTalent makes no representation and is not responsible for the Content of those websites and shall not be liable for any damages or losses arising from Parties’ access to those websites. Any Content, Services or representations made on such websites are solely the responsibility of the operator of those websites and we assume no responsibility for any Content provided thereon or the operation of such website. Use of the links and access to such websites are entirely at Parties’ own risk.

 

23.2) All links to other websites are provided as a convenience to You as a user of the Site and Services. In no circumstances shall ReloTalent be considered to be associated or affiliated in whatever manner with its operators or any trade or service marks, logos, insignia or other devices used or appearing on the websites to which the Site is linked.

 

24. Indemnity

 

24.1) You shall indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from all demands, claims, actions, proceedings, judgements, orders, decrees, damages, costs, losses and expenses of any nature whatsoever against us by any third-party due to or arising out of or in connection with any failure by You to comply with any of these Terms of Use, our Privacy Policy or otherwise by Your use of the Site or the Services.

 

24.2) You agree that this provision shall survive any termination of Your account on the Site.

 

 

25. General

 

25.1) ReloTalent reserves the right to make changes to these Terms of Use at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the ReloTalent Website. If an amendment to these terms is material, as determined in ReloTalent’s sole discretion, ReloTalent will notify You by email. Notice of amendments may also be posted to ReloTalent’s blog or displayed upon login to Your environment. Changes will be effective no sooner than the day they are publicly posted. By using the Site or Services on or after the date on which the Terms of Use have been revised, Your use would be deemed as acceptance of the revised Terms of Use.

 

25.2) Nothing contained in these Terms of Use shall be so construed as to create any agency, partnership or joint venture of any kind between the Parties hereto.

 

25.3) No failure by us to exercise and no delay by us in exercising any right, power or remedy under these Terms of Use will operate as a waiver. Nor will any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy by us.  No waiver shall be valid unless in writing signed by us. The rights and remedies herein are in addition to any rights or remedies provided by law.

 

25.4) All rights and obligations hereunder are personal to the Parties and each Party shall not assign any such rights and obligations to any third-party without our prior written consent.

 

25.5) Any one or more clauses, stipulations or provisions of these Terms of Use, or any part thereof, which is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable the remaining clauses, stipulations or provisions of these Terms of Use, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render unenforceable any such clauses, stipulations or provisions in any other jurisdiction.

 

25.6) ReloTalent shall store all contractual documents such as these Terms, schedules, purchase orders and invoices on a reliable, secure and durable medium from which copies can be made.

 

25.7) In the context of worker secondment, the Parties acknowledge that they are independent and undertake their respective business activities individually. The Parties accept no responsibility for failure of the other Party to perform an obligation.

 

 

26. Applicable Law and Jurisdiction

26.1) The Parties opt to use their respective registered offices as their address for service. All changes in this regard must be notified by registered letter with acknowledgement of receipt to the other Party, in order to be enforceable.

 

26.2) By express agreement of the Parties, these Terms shall be construed and its performance governed in accordance with the laws of the Republic of Singapore, unless specified otherwise. 

 

26.3) The Terms of Use are drafted in English. Should they be translated into one or more foreign languages, only the English version shall be authoritative.

 

26.4) Where a dispute arises regarding the interpretation or performance of these Terms, the Parties hereby agree to negotiate an amicable settlement in good faith. Otherwise, all disputes relating to the performance or interpretation hereof shall fall within the jurisdiction of the courts in Singapore.

Last Update: last update to our Terms of Use was posted on 31/08/2020

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