Terms and Conditions of Service for Using AnyTalent
AnyTalent Services (hereinafter referred to as “AnyTalent”) are the series of HR software services on AnyTalent Platform provided by AnyMind Group Pte. Ltd. and its subsidiaries (hereinafter referred to as “AnyMind”) to the Client, its employees or its affiliate companies (hereinafter referred to as “Client”), including but not limited to the software as follows:
-AnyTalent People: Online Employee Attendance System that enables employers to manage attendance and leave application process through building the employee database and online Payroll System that enables employers to calculate the salary and compensation of the employees due to the regional regulations.
By using AnyTalent, the Client acknowledges that the Client has read, understood, and agree to be bound by these Terms and Conditions for using AnyTalent (hereinafter referred to as “T&C”) as set forth below, and to comply with all applicable laws, rules and regulations of a country where performance is to be expected. If the Client does not intend to be legally bound to T&C, the Client may not access or otherwise use AnyTalent.
TERMS AND DEFINITIONS Client (s): the legal or natural person(s), Client’s employees, or Client’s affiliate companies that are using AnyTalent.AnyTalent:the series of HR software services on AnyTalent Platform provided by AnyMind including but not limited to AnyTalent People
AnyTalent In consideration of T&C. Client and AnyMind agree to enter into T&C whereby AnyMind shall provide access to AnyTalent. By using AnyTalent, AnyMind will provide Software Order (“SO”) and Client also agrees and acknowledges terms and conditions stated under SO and shall sign on SO or authorized director of Client shall sign on SO (as a case may be) before accessing AnyTalent. SO shall be an integral part of this T&C. In the event of cancellation of SO after Client signed, Client agrees and acknowledges that Client shall subject to the full amount of the service fee as stated under SO.By using AnyTalent, Client agrees and acknowledges that Clients has read and understood all chapters, sub-chapters, provisions of T&C and certifies and guarantees that Client has the right, authority, and capacity to enter into T&C. If Client does not meet all of these requirements, Client must not access or use AnyTalent.
Client accepts these T&C by executing these T&C electronically and by accessing AnyTalent thereafter. Client agrees to use AnyTalent at his/her/ its own risks and shall be responsible for accessing AnyTalent.
TRADEMARKS AnyMind’s name, logo, and all related names, logos, product and service names, designs, and slogans including but not limited to AnyTalent are trademarks of AnyMind or its Affiliates. Client must not use such marks without prior written permission from AnyMind. All other names, logos, product and service names, designs, and slogans on AnyTalent are the trademarks of their respective owners.
SERVICE FEE AND PAYMENT Client agrees to pay for the Service Fee as specified under SO, AnyMind shall issue an invoice to the Client. Client agrees to pay an undisputed amount under the invoice within 30 days from the date stated under the invoice to the bank account provided by AnyMind.The Service Fee is exclusive from applicable taxes and transaction fees (if any), Client shall pay the Service Fee without any deduction.
If Client delay the payment, Client agrees to pay the interest at a rate of 1% per month from the end of credit term period above until AnyMind receives the full payment.
CLIENT’S RESPONSIBILITIES AND LIABILITIES Client’s responsibilities and liabilities are as follows:5.1 Upon the acceptance of SO, Client shall pay all Service Fee as stated under the invoice within 30 days from the date stated under the invoice to the bank account provided by AnyMind. Client agrees and acknowledges that the Service Fee is non-refundable in all events;
5.2 Client shall provide accurate registration details for the user accounts and other information as requested by AnyMind to use AnyTalent. Client certifies and guarantees that all information provided to AnyMind are correct, current, complete, and up to date;
5.3 In the case where the defect or error of AnyTalent occurs, Client must promptly inform AnyMind. Client agrees and allows AnyMind to repair the defect or error within 30 days from the date Client informed AnyMind;
5.5 Client agrees to notify AnyMind immediately of any unauthorized access to or use of its user name or password or any other breach of security. Client also agrees to ensure that Client shall exit or sign out from the member account at the end of each session. Client should use particular caution when accessing the member account from a public or shared computer so that others are not able to view or record the password or other personal data;
5.6 Client shall be responsible and ensure that the material posted on AnyTalent, any social media, and any internet linked to comply with the applicable laws and regulations (if any);
5.7 Client agrees to use AnyTalent only for this T&C and agrees not to change any appearance and functions. Client shall ensure that any equipment prepared by Client including computers, hardware, internet access, a fingerprint machine or system, face recognition system or any other devices are in good condition and Client shall maintain it at its own expenses;
5.8 Client agrees not to use AnyTalent for the purpose of causing problems for social order, national security and safety, illegal, immoral, and violating business code of conduct or illegal businesses;
5.9 Client agrees to comply with all applicable laws, regulations, personal data protection laws enforceable in Client country and not to infringe any rights, intellectual property rights including but not limited to against public order and/or morality; and
5.10 Client represent to AnyMind that neither he/she/it/they nor his/her/its/their representatives, officers or other persons substantially involved in his/her/its/their management currently fall under an organized crime group, an organized crime group member, a quasi-member of an organized crime group, an enterprise associated with an organized crime group, a corporate racketeer (sokaiya), a social campaign advocate racketeer (shakai-undo-hyobo-goro), a political campaign racketeer (seiji-katsudo-hyobo-goro), an organized crime group with special intelligence, or a person having a close relationship with such entities or persons equivalent thereto, and affirm that he/she/it/they will not fall under any of the foregoing in the future.
If Client breaches the above representations, AnyMind may immediately cancel to provide AnyTalent without warning.
6.3 In the event that AnyTalent is unavailable due to technical issues or any reasons, AnyMind shall use reasonable efforts to resolve the issues as soon as possible, AnyMind shall not be liable for such temporary unavailability of AnyTalent;
6.4 AnyMind reserves the right to take appropriate actions for the improper use of AnyTalent;
6.5 AnyMind shall not liable for any damages caused by Client and shall have no responsibility for Client actions; and
6.6 Without limiting the foregoing, AnyMind has the right to fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of the identity or other information of anyone using AnyTalent. Client waives and indemnifies AnyMind and its affiliates, licensees and service providers from any claims resulting from any action taken by AnyMind any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either AnyMind or law enforcement authorities. However, AnyMind does not undertake to review material before it is posted on AnyTalent, and therefore cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, AnyMind assumes no liability for any action or inaction regarding transmissions, communications or contents provided by any user, or Client. AnyMind has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section either by AnyMind or Client.
CONFIDENTIAL INFORMATION 7.1 Confidential Information includes but is not limited to information of a commercial, technical or financial nature whether or not designated “Confidential” or under any similar legend indicating the confidentiality of the information as disclosed by one Party (“Disclosing Party”) to the other Party (“Receiving Party”) or any of its employees or agents of the Receiving Party, except such information as is previously known to the Receiving Party without an obligation of confidentiality or is public knowledge or publicly disclosed by the Disclosing Party either before or after the Receiving Party’s receipt of such information from the Disclosing Party.7.2 Client shall hold such Confidential Information in trust and confidence for AnyMind and shall not use it except in furtherance of the purpose outlined in this T&C. Client shall further be responsible for the compliance of the foregoing by its employees or agents.
7.3 Client acknowledges that Client account is personal to Client and agrees not to provide any other person with access to AnyTalent or portions of it using the Client’s username, password, or other security information.
7.4 AnyMind has the right to fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure or deletion of the identity, contents, or other information of anyone posting any materials on or through AnyTalent.
7.5 Client acknowledges that Client must treat all private information received from AnyMind as confidential andClient must not disclose it to any other person or entity or third-party without prior written consent from AnyMind.
WARRANTY AND INDEMNIFICATION 8.1 AnyMind has made every attempt to ensure the reliability and the sustainability of AnyTalent, but as such AnyTalent is provided without warranty of any kind. AnyMind does not accept liability and/or responsibility of any manner for the completeness, accuracy, content, legality, or reliability of the information provided byClient. AnyTalent as well as all information, products, content, and other services included are made available to Client on an “as is” basis unless specified in writing.8.2 Client agrees to defend, indemnify and hold harmless AnyMind, its Affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to the Client’s violation of T&C or the Client’s use of AnyTalent, including, but not limited to Client content, any use of AnyTalent’s content, services and products other than as expressly authorized in T&C or the Client’s use of any information obtained from AnyTalent.
LIMITATION OF LIABILITY AnyMind will not be liable for any damage incurred by Client or third parties from the use of AnyTalent, unless such damage is attributable to the intentional or grossly negligent acts of AnyMind; provided, however, that in the case that AnyMind commits intentional or grossly negligent acts, AnyMind responsibility for the damages shall be limited to the Service Fee received from Client on a case by case basis.
TERMS AND TERMINATION This T&C’s terms and terminations shall be following SO on a case by case basis and shall be automatically renewed for the same period as stated in SO, unless otherwise, Client or AnyMind notify the other Party 30 days prior to the end of each period.
WAIVER AND SEVERABILITY No omission or delay on AnyMind’s part in exercising any or part of its rights under the provisions of T&C shall operate as a waiver thereof.If any provisions of T&C is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of T&C shall remain intact and continue in full force and effect.
MODIFICATION AnyMind is entitled to add and revise the contents in this T&C at its sole discretion. Revisions of this T&C is displayed on the appropriate location on the website and shall be delivered to Client in the proper communication method. When, following a revision to this T&C or an additional provision, Client use AnyTalent subject to such revision, such revision shall constitute a part of the agreement between AnyMind and Client. If Client does not agree to such revisions, Client shall cease use AnyTalent.
NOTIFICATION Any communication from Client to AnyMind concerning AnyTalent is to be carried out by transmission of an inquiry form posted at an appropriate location on a website operated by AnyMind, or by such other method as AnyMind may designate and inform Client.Communication from AnyMind to the Client concerning AnyTalent is to be carried out by public posting to an appropriate location on a website operated by AnyMind, or by such other method as AnyMind deems appropriate.
EXCLUSION OF ANTI-SOCIAL FORCES Client and AnyMind represent to each other that neither he/she/it/they nor his/her/its/their representatives, officers or other persons substantially involved in his/her/its/their management currently fall under an organized crime group, an organized crime group member, a quasi-member of an organized crime group, an enterprise associated with an organized crime group, a corporate racketeer (sokaiya), a social campaign advocate racketeer (shakai-undo-hyobo-goro), a political campaign racketeer (seiji-katsudo-hyobo-goro), an organized crime group with special intelligence, or a person having a close relationship with such entities or persons equivalent thereto, and affirm that he/she/it/they will not fall under any of the foregoing in the future.If Client or AnyMind breaches the above representations, the other party may immediately cancel use of AnyTalent and T&C relating to AnyTalent without warning.
FORCE MAJEURE Except for payment obligations, neitherClient nor AnyMind shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond either Client’s or AnyMind’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lock-outs, or labor disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
GOVERNING LAW AND JURISDICTION Any disputes arising out of or in connection with this T&C shall be referred to and finally resolved by arbitration in Singapore following the Arbitration Rules of Singapore.All the matters concerning this T&C, additional provisions, and use of AnyTalent shall be governed by, and construed and interpreted under the laws of Singapore.