Staffie's Terms of Service

By clicking "Accept" and/or ticking the checkbox at the time of account creation or in the Conditions of Service which appears on Staffie's website (the "Website") and/or the Staffie application (the "Application") (the Website and Application are collectively referred to as the "Platform"), you hereby irrevocably consent and agree to Staffie's Terms of Service herein, as these terms may be changed from time to time. You also irrevocably consent and agree that certain features of the Application may be subject to additional terms and conditions and/or registration requirements.

1. Staffie's Services and Responsibilities

   1.1. Staffie is an Internet and mobile application owned and operated by Staffie Pte. Ltd. which provides a referral service allowing food & beverage business (the "Customer") to hire temporary workers on an assignment basis (the "Service") via the Platform for a service fee (the "Service Fee"). Currently the Service is only offered in Singapore.

   1.2. After the Customer has created a Staffie account, the Customer may post an assignment request on the Platform (also known as a "Shift"). Each Shift posting will include the pay to be paid to the Worker ("Pay"). Interested applicants who have registered with Staffie (referred to as "Workers" or "Pros") may sign up for Shifts with the Customer through the Platform.

   1.3. By signing up for a Shift, a Worker has agreed to receive the Pay. Any other terms relating to the performance of the Shift shall be concluded directly between the Customer and the Worker.

   1.4. Staffie will introduce the eligible Workers to the Customer via the Platform and the Customer will provide further information to the Worker pertaining to the terms and conditions of the Shift.

   1.5. All Workers who are eligible to work on Staffie are Singapore citizens or permanent residents who are legally allowed to work in Singapore. All Workers who registered with Staffie represent and warrant that they meet any of the aforesaid criteria and are eligible to work in Singapore.

   1.6. All Customers who register with the Platform are incorporated companies and are responsible for obtaining and keeping in force all necessary approvals, permits and licenses required by law for the operation of its business at its own cost and expense, and must ensure that the terms and conditions of such approvals, permits and licenses are strictly complied with.

2. Fees and Payment

   2.1. Staffie charges the Customer a Platform Service Fee from the second Shift onwards at S$10 per Worker per Shift. The Service Fee is a fee paid to Staffie for its services, including hosting, administering and providing the Platform.

   2.2. On a weekly basis, the Customer undertakes to provide Staffie, by means specified by Staffie, which may be, for example, via direct messaging or via the Platform, the total number of Shifts and hours completed by any and all Worker it has requested and the Pay due to the Worker.

   2.3. On a weekly basis at Monday 6PM (Singapore Time), or the following business day if Monday is a public holiday, Staffie will release payment of the Pay to the Worker by direct bank transfer/PayNow on the same day and thereafter issue an invoice to the Customer, said invoice to include the Service Fee and Pay associated with the Worker and completed Shifts or parts thereof. If and when Staffie is registered for GST, GST will be added as required by law.

   2.4. The Customer will pay Staffie the invoice amount in full within three (3) days from the date of its issuance, unless otherwise agreed upon in writing. If a payment card is provided, Staffie will charge the invoice amount to the card as authorized.

   2.5. Customer has the duty to:

   • 2.5.1. Keep and maintain information records pertaining to the Worker as required by law.

   • 2.5.2. Pay all other fees, dues, taxes, CPF, approved schemes, cooperative society fees or deductions and like payments payable by an employer or a sub-contractor in connection with Shifts performed by the Worker, in cases when any of the aforesaid payments fall due.

   2.6. The Worker has the duty to:

   • 2.6.1. Provide complete and accurate information to Staffie and the Customer.

   • 2.6.2. Pay all other fees, dues, taxes, CPF, approved schemes, cooperative society fees or deductions and like payments payable by an employee, independent contractor, or a sub-contractor in connection with Shifts performed by the Worker, in cases when any of the aforesaid payments fall due.

3. Relationships between Customers, Workers and Staffie:

   3.1. Staffie operates as an independent contractor acting as a referral medium between the Customers and Workers through the Platform. Staffie is neither an employer of the Workers nor an employee of the Customers.

   3.2. The Customer acknowledges that the Worker is an independent contractor of the Customer who is not eligible for employee benefits mandated under the Employment Act Cap. 91. However, if an employer-employee relationship does exist in connection with the Shifts, the Customer is the sole employer of the Worker.

   3.3. The Customer, Worker and Staffie (collectively, the "Parties") agree that there is no express or implied employment, agency, joint venture or partnership agreement or other relationship between the Parties arising from the use of the Platform, except that the parties are all independent contractors under the terms herein.

4. Misrepresentation

   4.1. Customer and/or Worker are only allowed to register a Staffie account for themselves.

   4.2. No party may attempt to use another Customer or Worker's Staffie account. Accounts registered on behalf of another will be cancelled and deleted.

   4.3. Impersonating others on Staffie is strictly prohibited. Customers and Workers may not mislead, confuse, or deceive others, including as to their correct identity, background, qualifications, type and size of business, true nature of Shift, work to be done, conditions associated with the Shift or Pay and any other material fact, but for which the Customer and/or Worker would not enter into an agreement therebetween.

   4.4. Use of someone else's name, image, or other personal information to deceive others and falsifying associations with a business or organisation when you are not associated in any way is strictly prohibited. Pretending to be someone else or to be representing a business or organization when you are not associated, constitutes fraudulent behaviour and is not allowed under any circumstance.

   4.5. Any misrepresentation will lead to Staffie terminating the relevant account immediately without providing any notice and will reserve all its rights against such person/entity.

   4.6. Criminal behaviour will be reported to the relevant authorities and all relevant information Staffie has about such behaviour and the relevant parties will be delivered to the relevant authorities.

5. Intellectual Property & Confidentiality

   5.1. The names, trademarks, service marks, button icons, and logos (the "Trade Marks") which appear on the Platform are registered or unregistered trade marks of Staffie, its affiliates or licensors. Nothing stated herein should be construed as granting, indirectly, by estoppel, or otherwise, any license or right to use the Trade Marks, and the like appearing on the Platform, without Staffie's prior written consent.

   5.2. All content and materials on the Platform, such as graphics, user interfaces, visual interfaces, photographs, Trade Marks, logos, videos, images, sounds, applications, programs, software, computer code and other information (the "Content"), as well as the collection, arrangement, layout, design, and assembly of all content on the Platform (the "Compilation") is provided by and exclusively belongs to Staffie and is protected by copyrights and other Intellectual Property rights. You may only download or print or otherwise use the Platform's Content and Compilation for personal non-commercial, non-transferable, temporary use only.

   5.3. You may not use the Platform's Content or Compilation in any manner that defames, disparages or discredits Staffie or any other person or entity, or in any way that is likely to cause confusion or violation of any applicable laws or regulations.

   5.4. You may not use, reproduce, copy, modify, translate, transmit, upload, post, display, publish, republish, sell, license, publicly perform, distribute or commercially exploit any of the Content and Compilation or otherwise dispose of any of the Content and Compilation in a way not permitted by Staffie, without the Staffie's express prior written consent.

   5.5. You may not decompile, disassemble, reverse engineer or otherwise attempt to derive the source code and technology that operates the Platform or create derivative works based thereon.

   5.6. Staffie recognizes and respects intellectual property. As such, any usage of brand names, trademarks, logos, company names, or other names or pictures, titles or texts within the Platform, which are not connected and/or produced by Staffie, are the property of the respective copyright or trademark holders. The rights of these third parties are strictly reserved.

   5.7. The use of data mining, robots, or similar data gathering and extraction tools on the Platform as well as the use of Staffie's Trademarks in meta-tags is strictly prohibited. You may view and use the Content and Compilation only for your personal use and information and for performing the act the Platform were designed for.

   5.8. You undertake to fully respect Staffie's Intellectual Property rights, including but not limited to its patents, Trademarks, designs, copyrights, goodwill, and any other registered or unregistered right now existing or later developed in any jurisdiction.

6. Indemnity

   You agree to defend, indemnify and hold harmless Staffie, its affiliates, its directors, officers, employees, agents, assigns and third party contractors, from and against any and all losses, damages, costs (including legal costs), expenses, claims, demands, actions, fees, proceedings and other liabilities, including legal fees, due to or arising from your use of the Platform; your access or connection to the Platform; your violation of these Terms of Service; your violation of any rights of another, including your breach of any agreement you may have with Worker or Customer; your failure to comply with any applicable law, rule or regulation; your non-payment of any fee, payment, due, fine, which is imposed by law on you; your non-payment of the Pay or Service Fee; any other act, errors or omission in the performance of your duties except where such result solely from gross negligence, fraud or intentional misconduct by Staffie. For avoidance of doubt, these obligations will survive the termination of your relationship with Staffie or your use of the Platform. For the purpose of this clause 6, the words "you" and "your", when referring to Customer shall include employees, directors, agents and assigns.

7. Limitation of Liability

   7.1. Staffie does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Platform or other contents accessible from the Platform.

   7.2. In no event shall Staffie be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Platform, delays, inaccuracies or errors in the information or in the transmission of the Platform, or any information or transactions provided on or over the Platform or downloaded or hyperlinked from the Platform, or performance of the contents on this Platform, even if Staffie has been advised of the possibility of such damages, or any interaction between Customer and Worker, including any agreement that the Customer and Worker may enter into, even if Staffie has been advised of terms and conditions of such agreement and/or the possibility of such damages that arise in relation to such agreement.

   7.3. If you are dissatisfied with any portion of the Platform, or with any of the Terms of Service, your sole and exclusive remedy is to discontinue using the Platform.

8. Personal Data

   In accordance with the Personal Data Protection Act 2012 ("PDPA"), Staffie will endeavour to adhere to the following obligations:

   8.1. Staffie may collect, use and/or disclose your personal data only when you have consented to such collection, use and/or disclosure. You may also withdraw your consent at any time by giving reasonable notice of five (5) working days. Once such withdrawal request is received and processed, Staffie will cease the collection, use and/or disclosure of your personal data.

   8.2. You will not be required to consent to the collection, use and/or disclosure of personal data beyond what is reasonable for Staffie to provide its Service.

   8.3. Staffie will inform you the purpose for which your personal data is collected, used and/or disclosed at the point your consent is given. Typically, Staffie's purpose is for communication, liaison, identity verification, payments, and record-keeping purposes.

   8.4. You may send Staffie a request if you wish to know what personal data of yours is in Staffie's possession and how much personal data has been used or disclosed within one (1) year of the request. You may also send a request for Staffie to rectify any error or omission in your personal data and Staffie will process it as soon as reasonably practicable.

   8.5. Staffie will do its best to ensure that all personal data collected is accurate and complete.

   8.6. Staffie has put in place security measures to protect personal data in its possession or control to prevent any authorised access, collection, use and/or disclosure of such data.

   8.7. Staffie will only retain personal data for only as long as is necessary for business or legal purposes.

   8.8. In the event personal data has to be transferred overseas, Staffie will do its best to ensure that the country to which the data is being transferred offers a comparable level of data protection as provided by the PDPA.

   8.9. In the event Staffie has suffered a data breach that has caused (or is likely to cause) significant harm to affected individuals, or that has affected at least 500 individuals, Staffie will inform the Personal Data Protection Commission ("PDPC") and affected individuals of the breach as soon as practicably possible.

   8.10. If you wish to know more about Staffie's data protection practices, policies and complaints processes, you may contact Staffie's data protection officer at dataprotection@staffie.app.

9. Confidentiality

   The parties acknowledge that any oral or written information exchanged between the parties in connection with the Service are regarded as confidential information. Each party shall maintain confidentiality of all such confidential information, and without obtaining the written consent of the other Party, it shall not disclose any relevant confidential information to any third parties, except for the information that: (a) is already in the public domain (other than through the receiving party's unauthorised disclosure); or (b) is under the obligation to be disclosed pursuant to the applicable laws or regulations, or orders of the court or other government authorities. This Section shall survive the termination of the Terms of Service for any reason.

10. Termination

    Notwithstanding whatever may be provided herein to the contrary, Staffie has the right to terminate the Terms of Service at any time, without notice and without payment of any penalty, at its sole discretion.

    Customer and/or Worker may terminate the Terms of Service by giving Staffie fourteen (14) days written notice of termination.

11. Amendment

    Notwithstanding whatever may be provided herein to the contrary, Staffie has the right to add and/or amend from time to time the Terms of Service, without notice, at its sole discretion, and provided that such new and/or amended Terms of Service shall be published on the Platform.

12. Survival

    Clauses 2.5, 2.6, 5, 6, 7 and 15 and any remedies for the breach thereof, shall survive termination of these Terms of Service for a period of seven (7) years.

13. Remedies

    13.1 Any remedy or right conferred upon Staffie for breach of these Terms of Service will be in addition to and without prejudice to all other rights and remedies available to it by law.

    13.2 Any waiver of any breach of this Terms of Service shall not be deemed to apply to any succeeding breach of the provision or of any other provision of this Terms of Service. No failure to exercise and no delay in exercising on the part of any of the Parties any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

14. Entire Agreement

    14.1. The parties agree that this Terms of Service constitutes the entire agreement between them relating to the subject matter herein and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

    14.2. Each party acknowledges that it has not entered into this Terms of Service in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out herein. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in this Terms of Service.

    14.3. Nothing in this Terms of Service purports to limit or exclude any liability for fraud.

15. Governing Law and Jurisdiction

    15.1. The Terms of Service shall be governed by Singapore law.

    15.2. In the event of any dispute arising out of or in connection with this Terms of Service, any party may give Staffie written notice of such a dispute and the parties shall endeavour to resolve it by amicable negotiation within 30 days.

    15.3. If the dispute fails to be amicably resolved by way of negotiation within 30 days of the notice provided under clause 15.2, the dispute shall be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC's Mediation Procedure in force for the time being. Either party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 45 days thereof. Every party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator 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.

    15.4. If the dispute fails to be resolved by mediation within 120 days from the date of the request to mediate, the dispute shall be referred to the Singapore courts.

16. Contact and Notices

    Notices under these Terms of Service shall be in writing by email to the recipient's registered email address as per the registration record kept by Staffie. Notices shall be deemed received on the date they were sent by email.

    If you wish to send in a request, have any questions or need assistance in using the Platform, please contact Customer Support at support@staffie.app