Last Update: 23 February 2019
A.1 This document is an electronic record. This electronic record is computer system generated and does not require a physical or electronic signature.
B.1 The Website is owned by [RepairCarJobs.com] a business registered under the laws of Singapore with its registered address at [21 Woodlands Close #08-44 Singapore 737854] (hereinafter referred to as “RCJ”, “We” or “Us”).
B.3 All data usage, internet, telephony, hardware, software, maintenance and such associated charges connected with Your accessing the Website or the Services, shall be wholly to Your account and shall not be borne in any way, shape or form by RCJ.
B.4 Where You access Service that is provided against payment of a fee, You agree that You will responsible for all such payments as well as any associated taxes. Where you chose to pay such fee through a credit card, bank transfer or other similar methodology, You warrant that You are authorised to use such payment services and that You will indemnify and hold harmless RCJ against any unauthorised use of such services by You.
B.6 The terms “You”, “Your” or “User” is a reference to you the person using this website for any purpose whatsoever, whether you are a natural or legal person irrespective of whether or not you have registered on the Website. These terms include both customers who wish to get their vehicles repaired, serviced, modified or to avail such other services that may be provided by Service Providers (“Customers”) as well as businesses providing vehicle repair, modification, servicing and associated services who wish to provide such services (“Repair Services”) to Customers (“Service Provider”), unless expressly specified otherwise.
C. THE SERVICE
C.1 This Website is a marketplace platform enabling Customers to connect with Service Providers, who are independent contractors and not affiliated or employed by RCJ, and provide Repair Services at their service centres, at Customer locations or as otherwise agreed to between Customers and Service Providers (“Service”).
C.1 A Customers understand that RCJ is not providing the vehicle repair services directly and that the Website is only a marketplace to connect Customers with Service Providers. All transactions for Repair Services are by and between Customers and Service Providers directly. RCJ is not a party to such transactions. Further, both parties are advised to exercise independent due diligence when dealing with other parties on the Website.
C.2 The Service is not chargeable to Customers.
Service Providers are charged for the Service by way of:
1. A monthly membership subscription fee (“Monthly Fee”); and
2. A success fee payable in respect of each successful quote selected by a Customer (“Success Fee”).
chargeable in accordance with the terms as they appear hereto, as modified from time to time.
The quantum of the payment for each of the above means of accessing the Service is updated from time to time; for the latest rates please refer to the Website.
C.3 Subscriptions shall not be liable for refunds.
C.4 The monthly membership for Service Providers shall be automatically renewed every month and the monthly fee shall be auto charged to Your selected payment method unless You provide a notice of at least 5 (five) days prior to the date of renewal, expressing your desire not to renew the subscription. This information can be conveyed via phone or email [email protected]
C.5 It is hereby expressly clarified that no other requests for refund shall be processed or entertained by RCJ.
D. THE SERVICE – Service Provider
D.1 The Website is a platform for Service Providers to list their services on the online marketplace and make such services available to Customers.
D.2 Service Providers are liable to pay fees in accordance with paragraph C.2.
D.3 The fees shall be payable as follows:
1. Monthly fees – by the 2nd of each English calendar month; and
2. Success fees – this shall be payable as a pre-requisite to the sharing of details of the Customer with the Service Provider.
D.4 Any transfer charges, processing charges, transfer fees, transaction charges etc., by whatever name called, charged by banks or payment services shall be borne by the Service Provider. RCJ shall be entitled to add such amounts towards such transaction charges from the any payments due from the Service Provider.
Membership etc – Customers
E.1 Use of the Website is available to all persons who are at least 21 years of age.
Users may register either directly with the Website.
E.2 If You are a person under the age of 21 years (“Minor Users”) and you do not have consent to use this Website from your parent or legal guardian, your use of this Website will be deemed unauthorised and you are required to stop using the Website and the Services provided hereon.
E.3 Minor Users can access the Website upon having obtained consent from their parents or legal guardians who must then accept these terms on your behalf and take the entire responsibility for your actions on the Website.
E.4 Even other than in circumstances where You are found to have declared your age incorrectly, RCJ reserves the right to unilaterally terminate your Account and refuse access to any Service offered on the Website without providing You with any reasons or explanations.
E.5 You shall refrain from transferring, selling or trading your Account to any third parties. Any such actions on your part that comes to RCJ’s notice shall result in the immediate termination of your Account.
E.6 You undertake that:
1. You will use your actual identity when registering on the Website. And that you shall produce government issued identification if demanded by Us for the verification of your identity at any time;
2. The personal data that you have provided Us is true, accurate and complete;
3. You will update your personal data from time to time to ensure that it is accurate and complete.
Your failing to comply with any of the above provisions shall result in the termination of your membership solely at RCJ’s discretion.
E.7 Customers shall have access to certain features of the Website only after registration. This would include the ability to post vehicle service requests.
E.8 Customer expressly undertakes to use the ‘feedback’ feature only in respect of Service Provider’s whose service they have used and to post genuine and honest feedback about their experience of such service.
E.9 Customer understands that any quote received from a Service Provider on the Website is not a binding contract. A binding contract only comes into effect between the Customer and Service Provider once they agree to such terms between each other and independently, it is recommended that Customer’s enter into written contracts with Service Providers that describe all terms clearly.
E.10 Customer’s understand that RCJ does not verify any information that is provided by Service Providers listed on the Website nor is liable for the actions of the Service Provider in any manner whatsoever. Customers should independently verify the antecedents of any Service Providers that they contact through the Website.
Membership etc – Service Provider
E.11 Service Provider Accounts will only be permitted to be created and operated through the sign up methodology on the Website and not through third-party means of access. This will include verification of certain credentials as may be required from time to time by RCJ
E.12 Service Providers will be required to be Accounting and Corporate Registration Authority (ACRA) registered. Registration numbers/certificates may be required to be produced at the time of registration.
E.13 Service Providers will not be permitted to post their contact details either directly on the Website. The contact details shall be conveyed by us to the Customer upon the Customer selecting the Service Provider for work. A failure to abide by this condition shall result in the immediate termination of the Service Provider account.
E.14 This requirement for eligibility will be subject to modification at the sole discretion of RCJ. The above is only indicative and not an exhaustive list of all criteria taken into consideration by RCJ. RCJ’s decision to permit or refuse a person a Service Provider Account shall be final and not subject to any kind of dispute or challenge.
E.15 You undertake to have appropriate mechanism and technology in place to protect Customer data made available to you in accordance with the Personal Data Protection Act (“PDPA”). You also undertake to be solely liable, to the extent permitted under law, for any breach of Customer data in your control and possession. You also agree to indemnify and hold harmless RCJ against any such breach.
E.16 You undertake to be compliant with all applicable laws in Singapore that would apply to a business of your nature. You further undertake to be solely liable for any breaches of such law by You and to hold RCJ indemnified and harmless against all such breaches caused for any reason whatsoever.
E.17 As a Service Provider registered on our Website you undertake to be wholly responsible and liable for all Repair Services undertaken by you on Customer vehicles. Further, you agree to indemnify and hold harmless RCJ against any liability that may arise due to any reason whatsoever connected with the Repair Services in respect of Customer vehicles including but not limited to damages, losses whether direct or indirect, fines, legal proceedings, attorney’s fees etc.
E.18 You are independently responsible and liable for agreeing to and codifying Repair Service terms with Customers. RCJ will neither be a party to such agreements nor be responsible for any obligations contained therein.
E.19 You undertake to not hold Us responsible or liable for any reviews that may be written with regards to your service by Customers on the Website. These reviews are an integral part of the online marketplace process of ranking vendors and are independently written by Customers. RCJ is in no way involved in the process of raking or rating Your services and thus, cannot be held liable for any remarks that you may deem unflattering or harmful to your business. In case of genuine concern on your part that a review may be defamatory and not just a review of your services, you may contact customer support with the specifics of your concern. The final decision with regards to whether the review may be retained or removed shall be RCJ’s and this will be binding on You.
F. ACCOUNT AND SECURITY OBLIGATIONS
F.1 The full use of the Website is only available to You upon providing certain required information, which facilitates the creation of Your account (“Account”). To have access to your Account You will choose your own use name and password for access. You shall yourself be responsible for maintaining the confidentiality of your username and password and shall be responsible for all activities that occur under your username and password. In the alternate, except as otherwise provided for Service Providers, You may also access the website by logging on through your LinkedIn, Facebook or Google+ accounts.
F.2 You also consent to the suspension and termination of Your Account and permanent refusal of access to the Website to You in case it comes to RCJ’s notice at any point of time that the information you have provided is incorrect, incomplete, misleading or is provided in impersonation of another person.
F.3 You are obliged to immediately inform RCJ of any unauthorised use of Your Account or any other breach of security that comes to your notice.
F.4 You are also obliged to logout of Your Account at the end of each session.
F.5 RCJ shall not be liable for any loss or damage occurring as a consequence of Your failure to comply with the aforementioned conditions. Further, You may be held liable for losses incurred by RCJ or third-parties as a consequence of Your failure to comply with the aforementioned conditions.
F.6 Restricted access to the Website may also be provided to unregistered Users.
G. CONTENT AND USE
G.1 You give RCJ an automatic non-exclusive, non-transferable right over all works of authorship whether through text, images, videos, audio etc., (“Content”) that you upload, provide, transfer or otherwise make available (“Post”) on the Website. Such rights given to RCJ do not include the ownership of the Content, which remains vested in the author or the appropriate copyright holder, however, they include an unrestricted, perpetual, irrevocable, non-exclusive, fully paid and royalty free licence with the right to unrestrictedly sub-licence, to use copy, perform, display, distribute, derive works from and distribute such Content in any and all media, whether known or unknown, throughout the world. You shall not be liable to receive any payment or compensation from RCJ for Content posted on the Website, unless provided otherwise herein.
G.2 For sharing of Content by users inter-se or on third-party websites or platforms, all Content shall be governed strictly by the following creative commons licence regime – http://creativecommons.org/licenses/by-nc-nd/3.0/ .
G.3 For all other content, posted by RCJ or its third-party service providers, (“RCJ Content”) RCJ shall retain all proprietary rights. You as the User shall be granted a limited, revocable, non-licensable licence by RCJ to view the RCJ Content. You shall use the RCJ Content only for your personal use and never for any commercial or related purposes. You agree not to reproduce, modify, publish, distribute, transmit, perform, display, sell or create any derivate works based on the RCJ Content.
G.4 The same limitations that apply to Your use of the RCJ Content also apply to Content posted by other Users.
G.5 You further agree that in respect of third party Content, including but not limited to Content uploaded by other Users, that RCJ shall be in no way responsible or liable for any such Content. RCJ assumes no responsibility for objectionable, unlawful, incorrect, misleading or unintended Content made available by other Users, advertisers or third-parties.
G.6 You represent and warrant that:
(a) you own the Content posted by you on the Website;
(b) your Content does not violate the privacy rights, copyright rights, or other rights of any person;
(c) by posting the Content, You do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party;
(d) any information you provide as a part of the Content is correct and true to the best of your knowledge and is provided by You in good faith; and
(e) Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible to every User of the Website, except as provided herein.
G.7 Any interactions, agreements between You and other Users or advertisers are made completely independent of RCJ. RCJ is not a party to any such arrangements and shall not be liable for or a party to any disputes arising out of such agreements nor for any loss incurred by You thereunder. You shall indemnify and hold harmless RCJ against any such disputes.
G.8 In order to protect Users from unwanted advertising and solicitation, RCJ may, as and when deemed appropriate by Us, restrict the volume of messages Users in general or in particular may send one another. Information obtained by you as a User of the Website shall not be used in any manner to abuse, harass or harm any other Users or third-parties using the Website.
G.9 You are solely responsible for any and all Content that is posted through your Account on the Services and for your interactions with other Users.
G.10 In addition to the Content prohibited by law, You agree that you will not post any Content that:
(i) is offensive or denigrates any religion, caste, creed, nationality or similar affiliations;
(ii) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature;
(iii) harasses or advocates stalking or harassment of another person;
(iv) involves the transmission of “junk mail” or unsolicited mass mailing, or “spamming”;
(v) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by intellectual property law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
(vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
(viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code;
(ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
(x) except as expressly approved by Us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(xi) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or
(xii) posts or distributes information which would violate any confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers; or
G.12 We have the right (but not the obligation) to review any Content and delete (or modify) any Content that in our sole discretion violates these User Terms or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of these Terms, including without limitation, removing Content from the Website (or modifying it), terminating Your membership and Account, reporting you to appropriate legal authorities, and taking legal action against You. We shall not be liable for any loss of data or information as a consequence of Your use of the Website.
G.13 You will use the Website in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Website is, except for the exceptions carved out herein, for the personal use of Users except the Service Providers. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your Account.
G.14 You will not attempt to impersonate another User or person, including any of our employees. You will use the Services in a manner consistent with any and all applicable laws and regulations.
H. THIRD-PARTY INTELLECTUAL PROPERTY
H.1 We take intellectual property protection very seriously and it is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. If you believe that your intellectual property rights are being used on the Website in a way that constitutes an intellectual property infringement, please provide us the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
(ii) an identification of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Website;
(iv) your address, contact number, and e-mail address;
(v) a written statement that you have a bona fide belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
(vi) a statement by you in a sworn affidavit – please note that executing a sworn affidavit with the knowledge that the information contained therein is false, is a criminal offence punishable by law – that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
H.2 Contact information for notice of claims of intellectual property infringement is as below:
Your use of the Website or communications with RCJ are a form of electronic record. You understand and as a consequence, consent to receiving electronic or other communication from RCJ as and when required.
J. EXPRESS DISCLAIMERS
J.1 RCJ does not make any warranty regarding the truthfulness or veracity of any Content on the Website or of any claims of quality or workmanship by any third-party. RCJ expressly disclaims that the views expressed by Users on the Website are their own and RCJ does not endorse the same merely because they are posted on the Website. Further, RCJ shall in not be liable for any false, libellous or mala fide views expressed in the Content on the Website. In the case of such Content that is malicious, false, inflammatory, libellous or in violation of third-party intellectual property rights (as addressed above) or is in any other manner in violation of RCJ’s policies, affected parties are advised to contact our customer service team at [email protected] with the details of such violation to enable us to take appropriate action.
J.2 We are further not responsible for:
i. any incorrect or inaccurate Content (including any information in User profiles) posted on the Website, whether caused by Users or by any of the equipment or programming associated with or utilized in the Website.
ii. the conduct, whether online or offline, of any User of the Services.
iii. any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users.
iv. any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials from the Website.
v. any loss or damage, including personal injury or death, resulting from use of the Website or from any Content posted on the Website or transmitted to Users, or any interactions between Users whether online or offline.
J.3 The Website and Service are provided on an “As-Is” basis. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Website and Service will meet Your requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Website will be accurate or reliable.
K.1 You agree, undertake and confirm that Your use of Website shall be strictly governed by the following statutory and non-statutory principles:
K.1.1 You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women or children;
(c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harasses or advocates harassment of another person;
(e) involves the transmission of “junk mail” or unsolicited mass mailing;
(f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(g) infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
(i) violates or promotes the violation of a third-persons intellectual property rights;
(j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(l) contains video, photographs, or images of another person (with a minor or an adult);
(m) tries to gain unauthorized access or exceeds the scope of authorized access to the Website ;
(n) solicits gambling or engages in any gambling activity which RCJ in its sole discretion, believes is or could be construed as being illegal;
(o) interferes with another User’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
(q) harms minors in any way;
(r) violates any law for the time being in force;
(s) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(t) impersonates another person;
(u) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(v) threatens the unity, integrity, defence, security or sovereignty of Singapore, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
(w) directly or indirectly offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
K.2 You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. RCJ reserves the right to bar any such activity.
K.3 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
K.4 You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
K.5 You shall not misuse or otherwise violate the intellectual property rights of RCJ or any third-party User of the Website. Further, you also agree not to take any action that has a negative impact on the infrastructure and operation of the Website.
K.7 You shall at all times ensure full compliance with the applicable provisions of the all domestic laws in force in Singapore as applicable and as amended from time to time and also all applicable rules and regulations and international laws, foreign exchange laws, statutes, ordinances and regulations regarding Your use of the Service. You shall not engage in any activity which is prohibited by the provisions of any applicable law for the time being in force.
K.9 It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
L.2 You may be required to register a mobile number with us at the time of registration. By providing us with this mobile number, You consent to receive calls and text messages from us in relation to the Website and any offers and promotions that we may operate from time to time. We will never share your mobile number with third-parties for promotional purposes.
M. DISCLAIMER OF WARRANTIES AND LIABILITY
M.1 This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, RCJ does not warrant that:
a. This Website will be constantly available, or available at all; or
b. The information on this Website is complete, true, accurate or non-misleading.
M.2 RCJ will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. RCJ does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
M.3 Nothing on Website constitutes, or is meant to constitute, advice of any kind.
O. APPLICABLE LAW
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in Singapore. RCJ makes no representation that materials on the Website are appropriate or available for use in other locations/countries other than Singapore.
Q. OUR INTELLECTUAL PROPERTY
This site is controlled and operated by RCJ. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Website is solely for Your personal, non-commercial use, unless specified otherwise. You must not directly or indirectly, or conspire with or enable a third party to – copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly
R. LIMITATION OF LIABILITY
The failure to enforce our rights with respect to any violation by you will not be seen as a waiver of our rights in any manner.
Should any provision of these terms be found to be unenforceable by a court, such unenforceable term(s) shall be severable from the remainder of the provision of these terms of service thereby the remainder of the terms shall continue to be valid and enforceable.
U. CONTACT US
Please send any questions, comments or complaints regarding this Website to [email protected]