Read I Want Helper's Terms of Use

SPECIFIC TERMS OF USE

Thank you for using www.iwanthelper.com ("I Want Helper").

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Orange Door Pte. Ltd. governing your access to and use of the I Want Helper website, including any subdomains thereof, and any other websites through which I Want Helper makes its services available, our mobile, tablet and other smart device applications, and application program interfaces and all associated services (collectively, "Services").

When you use our Services, you acknowledge that you have read, accepted and agreed to the terms below.

Please note that you are entering into a legally binding agreement.

1.0 I Want Helper is an online platform connecting users with a network of employment agencies and domestic helpers.

We are an online platform

1.1 I Want Helper is an online platform that enables users (“Users”) to search for and connect with domestic helpers (“Job Seekers”), employment agencies (“Agencies”) and employers. We may in time to come, provide other related services and apps.

1.2 Using the search fields in I Want Helper, you will be able to filter your search for a job seeker and agency and find one within our database that may suit your needs. There is an option for you to submit information on the type of domestic services you are seeking, should you wish to post jobs or enquire directly with an agency or job seeker.

1.3 I Want Helper is not an employment agency. We are not responsible for any advice or services you may receive from any individual or agency you connect with via I Want Helper.

When you use our Services, you enter into a legally binding agreement

1.4 You are required to accept these Terms of Use before you can access and use the Services. By accessing and/or using the Services, you are consenting to be bound by the Terms.

1.5 You agree that by clicking "Sign Up", "Login", "I’m Interested", "Enquire" or similar buttons, accessing, registering or using our Services in any way, you are entering into a legally binding agreement with Orange Door Pte Ltd. For clarity, these Terms of Use also apply to unregistered visitors.

1.6 You expressly acknowledge, agree, and understand that: (a) I Want Helper is merely a service which connects employers, job seekers and agencies; (b) I Want Helper is not a party to any service contracts and/or agreements between employers, job seekers and agencies; (c) I Want Helper does not, in any way, supervise, direct, or control other users; (d) I Want Helper will not have any liability or obligations under or related to service contracts for any acts or omissions by you or other users; and (e) I Want Helper makes no representations as to the reliability, capability, or qualifications of any job seeker and/or agency and/or the quality, security, or legality of any job seeker and/or agency, and I Want Helper disclaims any and all liability relating thereto.

You have also agreed to our Privacy Policy.

1.7 By doing the above, you also agree that you have accepted our Privacy Policy and other terms that may be displayed to you at the time you access the Services.

We may change the Terms of Use.

1.8 These Terms of Use and our Privacy Policy may be changed by us at any time, which will be effective when posted on I Want Helper or when you are reasonably notified by other means. If you do not wish to be bound by such change, you may discontinue using and terminate the Service before the change becomes effective. Your continued use of the Service after the change becomes effective, indicates your agreement to the change. We strongly advise you to review I Want Helper and/or the Terms on a regular basis to ensure you understand all terms and conditions governing use of our Services.

We may change the Services and/or prices.

1.9 We may change, suspend or end any Service and/or prices for any or all of the Services without notice, to the extent allowed under law.

We do not promise to maintain, keep or provide any Content

1.10 We are not obliged to maintain, keep or provide a copy of any Content (even if provided by you), save as required under the relevant law and as provided for in our Privacy Policy. If you wish to be provided a copy of Your Content, and we are agreeable to providing such a copy, you agree that an administration fee (the sum of which is to be determined by us) may be charged. You also agree that we will not provide you with a copy of Content other than Your Content that can no longer be found on I Want Helper at the time of your request.


2.0 Eligibility

You are eligible to enter into this agreement

2.1 You confirm that you are (i) more than 18 years old, (ii) will only have registered account with us, in your real name, (iii) you have not been restricted by us in using any of the Services and (iv) otherwise fully able and competent to accept, abide and comply with these Terms of Use.

2.2 If you are agreeing to these Terms and/or using the Services on behalf of a business entity (be it a sole proprietorship, partnership, company etc), you represent and warrant that you have authority to bind that business to these Terms, and your agreement to these Terms will be treated as the agreement of that business entity. In this event, "you" and "your" refer to that business entity.

3.0 Definitions

Some phrases commonly referred to are defined here

3.1 Account means the account you opened with us for the provision of the Services.

3.2 Billing Account means the payment account linked to your registered account on I Want Helper.

3.3 Confidential Information means any and all proprietary information labelled as "confidential" or which a reasonable person would regard as confidential information, including but not limited to, Personal Data, financial reports, quotations, price lists, client lists and other client information.

3.4 Content includes without limitation, information, data, text, messages, writings, articles, responses, business profiles, photographs, videos, audio clips, software, scripts, graphics and interactive features generated, or other materials provided or otherwise made accessible on or through our Services including Content that you choose to provide, submit or transmit through our Services.

3.5 Intellectual Property Rights includes all the worldwide rights, titles and interests in and to the Services and I Want Helper, applications, text, pictures, videos, graphic, user interface, trade marks, logos, applications, programs, software and platform that we use to provide the Services and in all Content.

3.6 Paid Services means Services that require the payment of fees.

3.7 Payment Processor means a Third Party Service Provider appointed by us to process your credit and/or debit card payments on behalf of a bank.

3.8 Personal Data means any data, whether true or not, about an individual 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, including data in our records as may be updated from time to time. Examples of such Personal Data include an individual's name, NRIC, passport or other identification number, telephone number(s), residential address, email address and any other information relating to any individual which you provide to us.

3.9 Services means the provision of a search portal through I Want Helper and/or any other services and apps provided by us.

3.10 Territory means the country in which you live in (or if you are a business entity, the country in which your principal place of business is).

3.11 Terms of Use and/or Terms means the terms and conditions set forth herein that govern your access to and use of I Want Helper and/or Services which may be modified, amended or replaced by us from time to time at our sole discretion. Our up-to-date Terms of Use are accessible on the I Want Helper and it is your duty to refer to it from time to time to review changes, if any.

3.12 Third Party Services means Services that may be provided by or may incorporate the services provided by Third Party Service Providers.

3.13 Third Party Service Provider means any third party service provider, which includes but is not limited to a Payment Processor, supplying services which are necessary in order for us to provide the Services and/or any third party service provider which we are in Content partnership with.

3.14 Unpaid Services means any service, website and app provided by us that are not Paid Services.

3.15 We and/or us means Orange Door Pte Ltd.

3.16 Your Content shall include Content that you choose to provide to us through any form including but not limited to web forms within I Want Helper, emails to us, messages through our chat function and in your conversations with any of our employees and/or agents, and any Content submitted to Third Party Service Providers that may be transmitted through us.

3.17 You confirm that you have obtained the relevant written consent for disclosure and usage any Confidential Information provided to us, from the relevant parties and any use by us, will not lead to a breach of confidence on our part, subject to the relevant data privacy laws within your Territory including not limited to the Personal Data Protection Act 2012.

4.0 Registration

Restricted access

4.1 To provide, submit or transmit Content to I Want Helper and to use our Services other than browsing the websites published by us, you must first register and create a User Login ID and password. We reserve the right to restrict access to other areas of I Want Helper, or the entire website, at our discretion.

You promise to provide us with true and accurate information

4.2 When registering to access and use the Services, you agree to provide us with true, accurate, current and complete information and details and other information that we may reasonably require to provide you with the Services. You also agree to keep your contact information up to date.

You allow us to use your information

4.3 Your registration constitutes consent to use any Personal Data which you provide us in such registration for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied.

4.4 Save that we will comply with the relevant data privacy laws within your Territory including not limited to the Personal Data Protection Act 2012, nothing in these Terms of Use shall be deemed to impute an obligation of confidentiality on us with respect to your registration information and the Content. If required by law (including a court order and a government or regulatory demand or requirement having the force of law), we will disclose such information, including but not limited to your registration information, as so ordered.

You will keep your password confidential and ensure the Account is for your own use

4.5 If we provide you with or if you generate a User ID and Password to enable you to access I Want Helper or other Content or Services, you must ensure that the password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of the Account or password. You agree that the Account will be used by you only and will not be shared with or transferred to others.

4.6 You will keep your password confidential and ensure the Account is for your own use.

5.0 Don'ts

You agree not to do the following.

5.1 You will not use the Services other than in accordance with these Terms of Use;

5.2 You will not copy the Content or use the Services for any other purpose save for the specific purpose of searching for job seeker and/or connecting with suitable agent(s) to facilitate the employment of job seekers;

5.3 You will not copy or use the Content in connection with a service deemed competitive by us;

5.4 You will not copy, modify or create derivative works of our Content and/or Services;

5.5 You will not send spam or other unwelcome communications to others, or act in an unlawful, defamatory, libellous, abusive, discriminatory or otherwise objectionable manner as determined by us, through the use of our Services;

5.6 You will not disclose information that you do not have the right to disclose (for example, job seekers’ and/or clients’ information that you have not obtained written permission to disclose from said parties);

5.7 You will not use any device, software, or routine that interferes with any application, function, or use of the Services, or is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication;

5.8 You will not sell, sublicense, time-share, or otherwise share the Services with any third party;

5.9 You will not frame or mirror the Services;

5.10 You will not decompile, disassemble or reverse-engineer the underlying software or application that is part of the Services or otherwise attempt to derive its source code;

5.11 You will not use the Services either directly or indirectly to support any activity that is illegal and/or amoral including but not limited to violating our Intellectual Property Rights or that of others;

5.12 You will not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or

5.13 You will not override any security feature of our Services; and

5.14 You will not authorize any third parties to do any of the above.

6.0 Content and Intellectual Property Rights

You promise to provide information that is true, accurate and lawful and that you have the right to provide and share this information

6.1 Subject to clause 6.3, you must ensure that all Content provided is timely, true, complete, current and accurate and complies with the relevant laws and/or regulations of the relevant jurisdictions. You will not provide, submit or transmit any Content through our Services that is false, intentionally misleading, defamatory, offensive, violates third party rights or contains Content that is unlawful or violates any law. You also warrant that (i) you are the sole legal and beneficial owner of and own all rights and interests in your Content, (ii) where you are not the sole legal and beneficial owner of rights and interests of your Content, you have obtained the necessary written permission from the relevant parties to use, disclose and share such Content, and (iii) no third party has any rights, title and interests, including all intellectual property rights in your Content.

You agree to indemnify us for losses sustained arising out of Your Content you provide or submit or transmit through our Services

6.2 You undertake to keep us and our affiliates, officers, agents, partners, and employees indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of Your Content you provide or submit to or transmit through I Want Helper or Services, or your violation of any rights of another as a result of the provision, submission of transmission of Your Content through I Want Helper or Services.

6.3 You are solely responsible for and assume all risks for any Content posted or supplied by you to I Want Helper and you agree that we have no control over the Content and its veracity. Save for Personal Data required from you for purposes of the registration of the Account and for the creation of user profiles and posting of job requests, you must ensure that all Content provided by you does not contain any information that personally identifies third parties without their consent and complies with the relevant data privacy laws of the relevant Territories including but not limited to the Personal Data Protection Act 2012.

Your Content is yours but you grant us a non-exclusive licence to use it

6.4 When you provide, submit or transmit Your Content to us for the purpose of it being used on I Want Helper or via the Services, including messages and sharing of information with other third parties (including Third Party Service Providers) through the Services, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt, and create derivative works of Your Content, without any further consent, notice and/or compensation to you or others, subject to the relevant legislations.

Termination of your licence to us

6.5 You may terminate the non-exclusive licence for specific portion of Your Content by deleting it from the Services, or do so generally by closing the Account and/or by the termination of this agreement, except (a) to the extent that Your Content has already been shared with others as part of the Services and they copied or stored it and (b) for a reasonable period of time we require to remove from backup and other systems.

Content provided by others is to be used or viewed at your own risk.

6.6 All Content transmitted through the Services is the sole responsibility of the person from whom such Content originated. We do not verify the veracity of nor do we validate or endorse any Content posted or supplied by you, or job seekers or employment agencies or any third party provided to us. We assume no responsibility for the content of websites linked on I Want Helper. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

6.7 You acknowledge you are solely responsible for evaluating all risks associated with the access, use, accuracy, usefulness, completeness, appropriateness or legality of any Content conveyed through the Services.

6.8 If you dispute any Content or feel that the Content is false, intentionally misleading, defamatory or offensive, you may communicate directly with us for the purposes of verifying the Content or taking down the Content from I Want Helper.

Removal of Content

6.9 We reserve the right to, but do not have any obligation to, remove any Content from I Want Helper at any time, and for any reason, without notice.

Our Intellectual Property Rights

6.10 We own all Intellectual Property Rights, except those pertaining to Your Content. These Terms of Use do not convey any proprietary interest in or to our Intellectual Property Rights or entitlement to the use therefore, save for the specific purpose of searching for and/or connecting with job seekers and/or employment agencies.

Confidential Information received by you

6.11 You acknowledge that as a result of using the Services, you may from time to time, gain access to Confidential Information, including but not limited to the prices for Paid Services, profiles and biodatas of the site’s users.

6.12 You agree to hold any and all Confidential Information you obtain as a result of using the Services in confidence and, unless required by law, not to make the Confidential Information available to any third party or to use or exploit the Confidential Information for any purpose other than in accordance with these Terms of Use.

6.13 You warrant that you will protect Confidential Information from unauthorised use, access, or disclosure by third parties and apply the same security measures and degree of care to the Confidential Information as you would use to protect your own confidential and proprietary information of a similar nature. If you are a business entity, you warrant that you will take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by your employees or agents in violation of these Terms of Use.

6.14 Your obligations in this clause 6 shall remain in effect and shall survive termination of these Terms of Use, except to the extent that (a) such Confidential Information becomes generally available to the public other than as a result of unauthorised disclosure by you, (b) such Confidential Information has been released by us or such other relevant disclosing party to another person or entity without restriction or (c) such Confidential Information is required to be released by law, pursuant to an order of court, provided that you notify us in writing as soon as reasonably possible.

7.0 Service and Access

We will try our best to ensure uninterrupted access to I Want Helper

7.1 We will endeavour to the best of our abilities, within reasonable means, to ensure that I Want Helper and the Services are available at all times.

7.2 Notwithstanding the foregoing, we (a) do not warrant that your use of the Services will be uninterrupted or error-free; or that the Services will meet your requirements; and (b) are not responsible for any delays, delivery failures, or any other

7.3 You acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

8.0 Payment

We will try our best to ensure uninterrupted access to I Want Helper

8.1 Some of the Services require payment of fees (the "Paid Services"). You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.

We do not promise refunds

8.2 Purchases of Paid Services are final and non-refundable, except at our sole discretion and in accordance with the terms governing each Paid Service. Termination under this Terms of Use may result in forfeiture of purchased Paid Services.

We may increase the prices of Paid Services (you have not already paid for)

8.3 We may change prices of any unpurchased Paid Services at any time. To the extent applicable, we will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase.

We use a third party payment processor, whom we may change at any time

8.4 We use a Payment Processor to bill you through a payment account linked to your Billing Account.

You allow us to provide your information to the Payment Processor and agree to the latter's terms

8.5 By making use of these payment services on I Want Helper you agree to be bound by terms as laid down from time to time by the Payment Processor and hereby consent and authorise us to delegate the authorisations and share information you provide to us with our Third Party Service Provider to the extent required to provide the Paid Services to you. We may change a Payment Processor at any time and if so, we will inform you of the terms of the new Payment Processor.

8.6 The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

9.0 Third Party Service Providers

You allow us to provide your information to the Payment Processor and agree to the latter's terms

9.1 You acknowledge that we may engage and incorporate the services of Third Party Service Providers to assist in providing and/or enhancing the Services. You hereby consent and authorise us to delegate the authorisations you provide to us to such Third Party Service Providers as we deem necessary to provide the Services to you.

You will enjoy Third Party Services only if you agree to their terms and conditions

9.2 Your use of certain Services may be provided by or may incorporate the services provided by Third Party Service Providers ("Third Party Services"). The use of Third Party Services will require your agreement to certain additional terms and conditions provided by the applicable Third Party Service Provider. These additional terms and conditions will be made available to you when, and if, you use the Third Party Services.

You acknowledge to use Third Party Services at your own risk and we will not be liable for their breaches

9.3 You acknowledge that Third Party Service Providers are independent contractors as stipulated and we do not provide, or exercise any control or oversight over the performance of Third Party Service Providers in providing the Third Party Services to you. You also acknowledge we are not responsible for any activity occurring within Third Party Services, even if logged in through or linked to our Site. In the event the performance of Third Party Services requires disclosure to and/or access of Your Content, you agree that you will not hold us responsible for any breach on the part of the Third Party Service Providers, including but not limited to losses and/or damages suffered by you arising out the disclosure and/or access of Your Content by the Third Party Service Providers.

9.4 You also acknowledge and accept that a Third Party Service Provider may change, modify or discontinue, temporarily or permanently, any Third Party Services used by you, without notice to you. We will use our best endeavours to provide notice to you within a reasonable period of time if and when we become aware of such change, modification, suspension and/or discontinuance of Third Party Services.

10.0 Limitation of liability

We set out the limits of the legal liability we may have to you

10.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

10.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to:

10.2.1 I Want Helper or any Content on it, whether express or implied;

10.2.2 The quality, reliability, timeliness or accuracy of Services provided by or through Third Party Service Providers; and

10.2.3 Any employment and employment related services and/or advice of any agency or individual representing an agency whose profile was accessed by you through I Want Helper and Services, including the quality of such services and/or advice.

10.3 To the extent permitted by law, we shall not be liable for: (a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever; (b) loss of profits, sales, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services, our website and/or mobile application ; (d) damages arising out of your relationship with any party found through the Services and/or the services or advice obtained from said party, including but not limited to any and all malpractice claims; (e) damages relating to your access to, use of, or inability to access or use Services provided by or via any Third Party Service Provider, including but not limited to any misappropriation and/or misuse of your Content and/or other information by any Third Party Service Provider; and/or (f) damages in any manner relating to any Content.

10.4 To the extent permitted by law, our total liability for any claim under these Terms of Use, including for any implied warranties, is limited to the greater of S$200 or the amount you paid to use the applicable Services.

11.0 Termination

Termination of Unpaid Services

11.1 If you have not subscribed to any Paid Services, either party may terminate this agreement at any time without notice and without reason. Upon termination, your right to access and use the Services will automatically terminate, and you may not continue to access or use the Services.

Termination of Paid Services

11.2 If you have subscribed to Paid Services, either party may terminate this agreement with notice via email and/or through the IWH platform to the other party.

11.3 However, in the circumstance stated in clause 11.2, there is no need for us to furnish notice to terminate or temporarily suspend your access to the Services in the event that: (a) you breach any material provision of this Terms of Use that, (if it is capable of being cured) is not cured within 10 days from notice to you or (b) we determine that your actions are likely to cause legal liability for us or that you have misrepresented any data or information required by us to provide you with the Services or at any other time or (c) you refuse to make payment of fees accrued despite two written reminders from us. You agree to waive your right to pursue any costs, losses, damages, or liabilities arising out of or related to our temporary suspension and/or termination of your access to I Want Helper and/or Services as a result of this clause.

11.4 Regardless of whether the subscription period has ended, fees for the entire subscription period will not be pro-rated and not be refunded and shall be considered accrued and due on the day your request for subscription is accepted by us.

Termination shall not affect certain clauses or rights

11.4 Termination of this agreement shall not affect the following: Clauses 5, 6, 8, 10, 11.5, 12 and 13 of this agreement; and any fees accrued and unpaid by you prior to termination.

12.0 Governing law & Jurisdiction and Dispute Resolution

If we end up in a dispute, we will try to mediate before proceeding to the Courts of Singapore or your Territory, applying Singapore law

12.1 These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Singapore.

12.2 If you (a) live in Singapore or (b) are a business entity principally operating in Singapore:

12.3 Any dispute arising out of or in connection with this agreement must first be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC's Mediation Procedure in force for the time being, failing which the dispute shall be referred to and finally and conclusively resolved by the Courts of the Republic of Singapore.

12.4 Either/any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 90 days thereof. Every party to the mediation must be represented by senior executive personnel, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.

12.5 If you (a) live in Territories outside of Singapore or (b) are a business entity principally operating in Territories outside of Singapore:

12.6 Any dispute arising out of or in connection with this agreement must first be submitted for mediation at an accredited mediation body within your Territory in accordance with the relevant mediation body's rules and/or regulations in force for the time being, failing which the dispute shall be referred to and finally and conclusively resolved by the Courts in your Territory.

13.0 General Terms

Waiver

13.1 No failure or delay by a party to exercise any right or remedy provided under this Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Severance

13.2 If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

Entire Agreement

13.3 These Terms of Use constitute the entire agreement between the parties and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between them relating to its subject matter.

Assignment

13.4 You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms of Use. However, we may at any time assign, transfer, charge, subcontract or deal in any other manner, with all or any of its rights or obligations under these Terms of Use without your consent.

Third Party Rights

13.5 No one other than a party to these Terms of Use, their successors and permitted assignees, shall have any right to enforce any of its terms.

No Partnership or Agency

13.6 Nothing in these Terms of Use is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person, save for clause 2.2.