General

1.1.  This Agreement constitutes the entire agreement between the parties in relation to Singapore Green Building Product Certification (“SGBP”) / Singapore Green Building Services (“SGBS”) Certification and Renewal, and supersedes any and all other agreements, oral or in writing. For avoidance of doubt, this Agreement is in addition to the SGBC Mark User Agreement (for products or services), which may be entered into or has been entered into (as the case may be) between the Applicant and SGBC Pte Ltd (“SGBC”). Any amendment of this Agreement sought by the Applicant shall not be effective unless it is made in writing and signed by the duly authorised representatives of both the Applicant and SGBC. SGBC may at any time vary the terms of this Agreement by providing the Applicant with notice in writing in accordance with Clause 1.3.

1.2.  The Applicant shall not assign or transfer this Agreement, any SGBP/SGBS Certificate or other rights granted under or pursuant to this Agreement, nor shall the Applicant sub-contract or delegate any duty or obligation under this Agreement to any third party, except with the prior written consent of SGBC. This Agreement shall be binding upon and for the benefit of the parties hereto and their respective successors, administrators, heirs, executors and personal representatives.

1.3.  Any notice or communication to be given by SGBC to the Applicant under this Agreement shall be communicated via email or the SGBC online portal and shall be deemed to be served on the Applicant if sent to the Applicant at the email address as provided by the Applicant in its application for SGBP/SGBS Certification or to the Applicant’s account on SGBC’s online portal.

1.4.  The failure of SGBC to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term.

1.5.  Nothing in this Agreement creates a joint venture, partnership, relationship of employment or agency between the parties. Neither party has authority to contract on behalf of or bind the other.

1.6.  The rights and remedies under this Agreement are cumulative and not exclusive of any other right or remedy provided by law or equity.

1.7.  Any person who or which is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any of the terms and conditions herein.

1.8.  If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

1.9.  This Agreement shall be governed by the laws of the Republic of Singapore. The parties submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore.

1.10.  All references to “SGBC” herein shall refer to SGBC Pte Ltd (UEN: 201025079H).

1.11.  All references to “SGBC Parties” herein shall refer to SGBC Pte Ltd (UEN: 201025079H) and all its directors, servants, agents, committees, committee members and employees, and, members of SGBC, each an “SGBC Party”.

Agreement for Certification

2.1.  In applying for SGBP/SGBS Certification or Certificate Renewal, the Applicant agrees to be bound by these terms and conditions.

2.2.  The Applicant should read and accept this Terms and Conditions before proceeding with the online application of each applicable product categories/ Services types.

2.3.  Making an application under this Agreement does not automatically entitle an Applicant to SGBP/SGBS Evaluation, Certification or Certificate Renewal. SGBC may accept or reject any application at its sole discretion and without liability to the Applicant or any other person.

2.4.  The final decision as to the applicable evaluation criteria for a Products/Services sustainability and environmental attributes for SGBP/SGBS Certification of any Products or Services shall lie solely with SGBC.

Confidentiality

3.1.  SGBC hereby confirms that all documents submitted by the Applicant shall be used solely for the purpose of SGBP/SGBS Evaluation, Certification, and Certificate Renewal. SGBC acknowledges that such documents may contain confidential information and, subject to Clause 9.1, shall not use the documents or information for any other purpose, and shall not, directly or indirectly, disclose, publish or otherwise make known to any third party the documents or information, unless compelled by law or any regulatory body.

3.2.  The Applicant acknowledges that in connection with this Agreement, it may have access to and possession of confidential or proprietary information relating to the business affairs, property, methods of operation, processing systems or other confidential or proprietary information belonging to the SGBC Parties (“Confidential Information”). The Applicant agrees that this clause shall survive expiry or termination of this Agreement, and, agrees to maintain, or cause to be maintained, the confidentiality of such Confidential Information, and undertakes that it shall:

• 3.2.1. use and apply the Confidential Information solely in accordance with the purpose and terms of this Agreement;
• 3.2.2. keep the Confidential Information confidential and not disclose the Confidential Information to any person, unless compelled by law or any regulatory body; and
• 3.2.3. not use the Confidential Information in any way that may be detrimental to either party.

SGBP/SGBS Certification & Renewal

4.1.  Without prejudice to Clause 4.2, an Applicant whose Products/Services have undergone SGBP/SGBS Evaluation based on the environmental, sustainable and green attributes shall be issued with an SGBP/SGBS Certificate by SGBC where the following conditions are met:

• SGBC is satisfied that the Products/Services comply with the applicable evaluation criteria which will provided by SGBC upon the acceptance of the application (which may be amended from time to time) as at the date of the application. Without prejudice to the generality of the above, the environmental performance standards of the Products/Services must meet the prevailing standard set by SGBC as at the date of the application;
• The Applicant has made full payment of all requisite fees in respect of the application and does not owe SGBC any other monies; and
• The Applicant has fully complied with all the terms of this Agreement and any other requirements and conditions stipulated by SGBC, to the satisfaction of SGBC.

4.2.  As a condition of certification, the Applicant must sign an SGBC Mark User Agreement (for products or services) governing the use of the SGBP/SGBS Mark upon issuance of the SGBP/SGBS Certificate.

4.3.  The SGBP/SGBS Certificate shall be valid for an initial period of 2 years from the date of issuance, unless otherwise stated.

4.4.  SGBP/SGBS Certificate may be renewed, provided the following conditions have been satisfied:

• A renewal application is to be completed with SGBC no later than 6 months after the expiry date of the SGBP/SGBS Certificate;
• The Products/Services undergo SGBP/SGBS Evaluation and SGBC is satisfied that the Products/Services comply with the applicable evaluation criteria which will provided by SGBC upon the acceptance of the application (which may be amended from time to time) as at the date of the renewal application. Without prejudice to the generality of the above, the environmental performance standards of the Products/Services must meet the prevailing standard set by SGBC as at date of the renewal application.
• The Applicant has made full payment of all requisite fees in respect of the application and does not owe SGBC any other monies; and
• The Applicant has fully complied with all the terms of this Agreement and any other requirements and conditions stipulated by SGBC, to the satisfaction of SGBC.

4.5.  Upon renewal of SGBP/SGBS Certificate, SGBC shall issue a fresh SGBP/SGBS Certificate to the Applicant.

4.6.  As part of SGBP/SGBS Certification or SGBP/SGBS Certificate Renewal, SGBC may require the Applicant to submit the Product for further assessments to verify the satisfactory fulfilment of any further conditions required of the Applicant pursuant to SGBP Evaluation, at the Applicant’s expense.

4.7.  The Applicant shall ensure that the Product complies at all times during the validity period of the SGBP/SGBS Certificate with the SGBP Evaluation criteria which was used to evaluate the product or services through a scheme of inspection and testing and logging data, if required by SGBC.

4.8.  The Applicant acknowledges that there is a degree of subjectivity involved in the SGBP/SGBS Evaluation which may result in different SGBP/SGBS Evaluation outcomes for individual Products or Services. All decisions by SGBC in respect of SGBP/SGBS Evaluation or SGBP/SGBS Certification shall be final, conclusive and binding on the Applicant, including without limitation decisions as to the applicable evaluation criteria for SGBP/SGBS Certification of any Product or Services and decisions on the outcome of any SGBP/SGBS Evaluation. SGBC is under no obligation to make available to the Applicant the detailed SGBP Evaluation scores or any other information or decisions pertaining to the SGBP/SGBS Evaluation. In the event that the Applicant wishes to appeal SGBC’s decision, kindly write in to SGBC via email at [email protected].

Limitation of Liability

5.1.  The Applicant acknowledges and accepts that:

• SGBP/SGBS Certification is limited only to the sustainability and environmental aspects of a Products/Services which have undergone SGBP/SGBS Evaluation based on the prevailing criteria required;
• SGBP/SGBS Certification deems that a Products/Services have complied to its required Products/Services conformance standards for fit for use according to applicable legal and statutory requirements;
• SGBP/SGBS Evaluation is conducted in accordance with evaluation criteria required as at the date of the application;
• SGBP/SGBS Evaluation and SGBP/SGBS Certification do not absolve the Applicant from any responsibility to comply with applicable legal and statutory requirements;
• SGBP/SGBS Certification shall not be construed as a representation by SGBC or any other person in any way of the value or worth of the Products/Services or as a recommendation by SGBC or any other person to buy, sell or otherwise deal with the Products/Services;
• In conducting SGBP/SGBS Evaluation, SGBC is entitled to rely on test results issued by independent third-party testing laboratories without itself conducting any independent testing or inspection of the Product; and,
• The SGBP Certification is not a guarantee by SGBC or any other person that all units of the Product will at all times comply with the applicable SGBP Evaluation criteria or any revisions of such criteria. SGBP Certification and the SGBP Certificate shall not constitute any representation that the Product originates from, or is otherwise associated with, SGBC; the SGBP Certification and the SGBP Certificate merely signify that SGBC is satisfied that the Product, identified and described in information, documents and materials provided by the Applicant or shown to SGBC by the Applicant, met the SGBP Evaluation criteria applicable at the date of the application for SGBP Certification or SGBP Certificate Renewal, as the case may be.

5.2.  The Applicant applies for SGBP/SGBS Evaluation and receives and makes use of SGBP/SGBS Certification at the Applicant’s own risk. No SGBC Party shall be liable (whether under the express or implied terms of this Agreement, at common law or in any other way) to the Applicant, the owner or manufacturer of the product, service provider of the service, or to any other persons for any loss, damage or injury of whatever nature arising out of or in connection with any act, neglect, omission or default on the part of an SGBC Party, or any information or opinion given or expressed by an SGBC Party, whether in the SGBP/SGBS Certificate, the formal evaluation report or elsewhere or from any other causes or acts.

5.3.  Without prejudice to the generality of the above, the SGBC Parties shall not be liable for any direct, indirect, special, consequential loss or damage including without limitation loss of profits and loss of business opportunities arising out of or in connection with any act, neglect, omission or default on the part of an SGBC Party, or any information or opinion given or expressed by an SGBC Party, whether in the SGBP/SGBS Certificate, the formal evaluation report or elsewhere or from any other causes or acts.

5.4.  The Applicant shall fully indemnify, defend and hold harmless the SGBC Parties from and against any loss, damage, costs or expense (including legal costs on an indemnity basis), arising out of or in connection with any claim, demand, action or proceeding is made or commenced against any of the SGBC Parties by the any person(s) in relation to:

• the SGBP/SGBS Evaluation, the SGBP/SGBS Certification or any information or opinion given or expressed therein or elsewhere in relation thereto by SGBC, or any sale, purchase or use of or other dealings with the Applicants;
• any breach or alleged breach of any of the Applicant’s representations and warranties under this Agreement;
• any breach by the Applicant of the Applicant’s obligations under this Agreement; or
• the conduct of any activities by the Applicant pursuant to this Agreement and/or the Applicant’s use of the SGBP/SGBS Certification and SGBC’s intellectual property.

5.5.  SGBC makes no representations or warranties to the Applicant.

Fees & Payments

6.1.  The fees payable for applications for SGBP/SGBS Certification and SGBP/SGBS Certification renewal shall be according to the fee structure specified by SGBC from time to time.

6.2.  SGBC reserves the right to revise the fee structure from time to time. The revised fee structure will only apply to Applicants who submit applications for SGBP/SGBS Certification or SGBP/SGBS Renewal following the effective date of the fee revision.

6.3.  SGBC’s computation of any fees payable under this Agreement shall be final and conclusive and binding on the Applicant.

6.4.  After the completion of SGBP/SGBS Certification, an official invoice for the certification fee will be sent to the applicant. The full certification fee is payable to SGBC Pte Ltd and shall be paid prior to the issuance of certificate. No refunds or void payment will be provided in the event that the Applicant wishes to return or otherwise not require the SGBP/SGBS mark following certification respectively.

6.5.  All payments to be made by the Applicant to SGBC under this Agreement shall be made without any demand, set-off, counter-claim or deduction whatsoever, free and clear of and without any deduction or withholding on account of any tax, duty or other imposition that may be levied by any government from time to time, except to the extent required by law.

6.6.  Payment is to be made in accordance to the payment method as directed by SGBC from time to time.

Rights & Duties of Applicants

7.1.  The Applicant shall make available to SGBC all documents detailing the environment-friendly features of the Products/Services and all relevant and necessary documents and materials of any other nature concerning the Products/Services as are necessary to enable SGBC to conduct the SGBP/SGBS Evaluation, or otherwise determine whether an ongoing SGBP/SGBS Evaluation or an SGBP/SGBS Certification is affected in any way whatsoever.

7.2.  The Applicant shall render his full cooperation to SGBC and its Assessors in the performance of the Evaluation, including without limitation in the following ways:

• the Applicant shall comply with all requirements, procedures, directions and requests of SGBC;
• the Applicant shall procure the cooperation of its employees and agents in complying with the requirements, procedures, directions and requests of SGBC;
• the Applicant shall not in any way interfere, hinder or seek to influence the conduct and/or outcome of the Evaluation; and
• the Applicant shall attend such meetings or sessions with SGBC as SGBC may require from time to time.

7.3.  The Applicant shall appoint one of its staff members as a co-ordinator to liaise with SGBC for the duration of the SGBP Evaluation. The co-ordinator shall have the qualifications and experience necessary to communicate meaningfully with SGBC on all matters relating to the Evaluation. Any change of co-ordinator shall be subject to SGBC’s prior written approval.

7.4.  The Applicant shall comply with all applicable laws and obtain and maintain all licences, consents, permits, approvals, waivers and authorisations necessary in relation to the Product and the performance of the Applicant’s obligations under this Agreement.

7.5.  The Applicant shall not make any representation that the Product is in any way guaranteed by SGBC or that the Applicant is empowered to give guarantees on behalf of SGBC.

7.6.  For SGBP/SGBS Certification, the Applicant shall ensure that all information, documents and materials it provides about itself and the Product are true, accurate and complete and promptly provide updates as and when necessary. Without prejudice to the generality of the above:

• The Applicant shall notify SGBC, in writing, at least 7 days in advance, of any changes to the Product, including without limitation to any features of the Product and the manufacture of the Product, that would in any way affect an ongoing SGBP Evaluation or a completed SGBP/SGBS Certification; and
• The Applicant shall notify SGBC in writing of any new factory which produces or utilises a Product for which SGBP/SGBS Certification has been granted, of any change in the name or address of the Applicant, and of any change made to an existing factory that produces or utilises a Product for which SGBP/SGBS Certification has been granted, all within 7 days of the effective date of the change.

7.7.  The Applicant will not commit any act or make any statement or allow any of its staff, directors, contractors or representatives to commit any act or make any statement or behave in a manner that damages or is likely to damage or bring into disrepute the name and reputation of any SGBC Parties or the SGBP/SGBS Scheme.

7.8.  SGBC shall have authority to communicate with the Applicant’s contractors and customers concerning their complaints about or disputes with the Applicant. The Applicant shall provide SGBC with such particulars as SGBC shall reasonably require and provide such reasonable assistance as may be necessary for this purpose. The Applicant shall submit to any procedure implemented by or for SGBC from time to time for the resolution of disputes between Applicants and their contractors or customers.

7.9.  If requested by SGBC from time to time, the Applicant shall participate at its own expense in surveys or other research, fact-finding or information sharing initiatives relating to the certification of green building products. SGBC may use and allow other parties to use the data provide by Applicants for analysis and research purposes.

Applicant’s Warranties

8.1.  The Applicant warrants, represents and undertakes to SGBC as follows:

• The Applicant shall promptly provide the SGBC with such information, documents and other materials as SGBC may require from time to time in connection with SGBP/SGBS Evaluation or SGBP/SGBS Certification; and
• All information and documents provided by the Applicant to SGBC are true, accurate and complete to the best of the Applicant’s knowledge, and the Applicant has not wilfully suppressed any material facts.

Rights of SGBC

9.1.  SGBC reserves the right to maintain a register of Applicants, setting out the details of Applicants and Products/Services, and the details and status of SGBP/SGBS Evaluations and SGBP/SGBS Certifications, including without limitation results of the SGBP/SGBS Evaluations and SGBP/SGBS Certifications that have been terminated by SGBC, and, SGBC shall be entitled to make the register available to the public.

9.2.  SGBC reserves the right to publish statistical and/or other information in relation to Products/Services. SGBC reserves the right to use any information, documents and materials provided by the Applicant (including but not limiting to photographs and presentation slides) for the purposes of maintaining the register referred to above in Clause 9.1 and for the purposes of publicity and promotion of the Scheme.

9.3.  SGBC reserves the right to, at any time without notice in the course of SGBP/SGBS Evaluation or during the period of SGBP/SGBS Certification, perform inspections of the Applicant’s Product or Services’ Operations, place of business and the factory or factories at which the Product or any part thereof is, or is proposed to be, designed, manufactured, processed, tested or stored. Any cost and expenses incurred in relation to such inspections shall be paid by the Applicant. The Applicant shall ensure that the Assessors are granted, at all times, during normal business hours, without any advanced notice, free and immediate access to any of these premises and that the Assessors shall receive the full cooperation of the Applicant and (if applicable) the owners and occupiers of such premises to facilitate the inspection.

SGBC’s Intellectual Property

10.1.  The Applicant acknowledges that the entire right, title and interest (including without limitation intellectual property rights) in and to SGBC’s intellectual property belong solely to SGBC and/or its licensor(s). The Applicant shall not challenge their validity or SGBC’s ownership of or right to SGBC’s intellectual property. Subject to Clause 10.2, the Applicant is not licensed hereunder to use any of SGBC’s intellectual property for any purpose whatsoever, and nothing in this Agreement shall be deemed to grant an Applicant any right, title or interest in or to SGBC’s intellectual property.

10.2.  Upon the completion of SGBP/SGBS Certification, the Applicant shall enter into a separate written Mark User Agreement (for products or services) with SGBC governing the use of the SGBP/SGBS Mark.

10.3.  In this Agreement “intellectual property” refers to means all inventions (whether patentable or not, and whether or not patent protection has been applied for or granted), adaptations, modifications and improvements which subsist or will subsist now or in the future, discoveries, proprietary information, trademarks, trade mark applications, trade names, websites, Internet domain names, logos, art work, slogans, know-how, technical information, trade secrets, processes, designs (whether or not registrable and whether or not design rights subsist in them), works in which copyright may subsist (including computer software, codes, authors’ works, entrepreneurial works, neighbouring rights, and preparatory and design materials), rights and all forms of protection of a similar nature having equivalent effect anywhere in the world. And in relation to SGBC, includes but is not limited to the SGBP/SGBS Mark.

Termination or Suspension

11.1.  SGBC reserves the right to terminate this Agreement, or terminate or suspend any ongoing SGBP/SGBS Evaluation and any SGBP/SGBS Certification, forthwith upon notice in writing to the Applicant in the event that:

• the Applicant has not paid any sums due to SGBC within the time specified;
• the Products/Services do not meet, or no longer meets, conditions set out in this Agreement for SGBP/SGBS Certification;
• the Applicant has failed to comply with any of the terms and conditions specified in this Agreement or any requirements or further conditions specified by SGBC pursuant to this Agreement;
• the Applicant has failed to comply with any of the terms and conditions specified in the Mark User Agreement;
• the Applicant is in breach of any of its representations, warranties or undertakings under this Agreement;
• in SGBC’s sole opinion, the Product, defects in the Product, or the use of the Product poses a risk to the environment, health or safety; or
• any person making or selling the Product recalls, or requests the return of, the Product on the basis of defects or a risk posed to the environment, health or safety.

11.2.  SGBC reserves the right to terminate this Agreement, or terminate or suspend any ongoing SGBP Evaluation and any SGBP/SGBS Certification, upon at least 7 days’ notice in writing to the Applicant in the event that:

• there is a change in the Applicant’s ownership, shareholding, partners or management which in SGBC’s opinion would affect the Applicant’s current management or autonomy; or
• the Applicant ceases or threatens to cease to carry on business, or ceases to exist or is dissolved, liquidated or wound up, voluntarily or compulsorily or by order, or makes any offer of composition or compromise with its creditors, or is or has become insolvent or if distress or execution is levied on its goods or property, or if a receiver, manager (judicial or otherwise), trustee or similar officer is appointed in respect of the whole or any part of its assets or business.

11.3.  This Agreement or any SGBP/SGBS Certification(s) may be terminated by SGBC or the Applicant at any time upon at least 3 months’ notice in writing to the other party.

11.4.  In the event of any termination or suspension of this Agreement, all monies owing by the Applicant to SGBC under this Agreement shall immediately become due, and no monies paid by the Applicant to SGBC under this Agreement shall be refunded.

11.5.  Upon the expiry or termination of this Agreement, all SGBP/SGBS Certification(s) obtained by the Applicant shall be deemed likewise expired or terminated. Upon the termination or expiry of any SGBP/SGBS Certification for any reason whatsoever, the Applicant shall at its own expense:

• immediately cease the use of the SGBP/SGBS Mark associated with the expired or terminated SGBP/SGBS Certification;
• immediately cease to hold the Product out as having been granted SGBP/SGBS Certification and, if SGBC so requires, take the necessary steps to have the SGBP/SGBS Mark on such Products removed; and
• within 7 days, return to SGBC all documents and other materials provided by SGBC pursuant to this Agreement, including but not limited to the SGBP/SGBS Certificate and all labels and decals bearing the SGBP/SGBS Mark, or destroy the same if directed by SGBC.

11.6.  In the event of a suspension of any SGBP/SGBS Certification under this Clause 11, the Applicant shall comply with the requirements set out in Clause 11.5 until and unless notified by SGBC in writing that the suspension has been lifted.

11.7.  Upon the occurrence of any of the events set out in Clause 11.1, SGBC may in its sole discretion, prior to exercising its right to terminate or suspend under Clause 11.1, give the Applicant a grace period of no less than 14 days to take such corrective action as SGBC may specify in order to avoid termination or suspension. SGBC may require the Applicant to provide a plan detailing the corrective action which will be taken by the Applicant. The acceptability of such plan is a matter solely within the discretion of SGBC. Nothing in this Clause shall be construed as a waiver of SGBC’s right to terminate or suspend SGBP Evaluation or SGBP/SGBS Certification if SGBC is for any reason not satisfied with the Applicant’s plan or the Applicant’s implementation of the corrective actions.

11.8.  The termination or expiry of this Agreement or of any SGBP/SGBS Certification is without prejudice to the rights of SGBC against the Applicant subsisting at the date of expiry or termination and without prejudice to any provision of this Agreement which by operation of law survives or is specifically stated to survive such expiry or termination. Without prejudice to the foregoing, Clauses 5 (Limitation of Liability), 8 (Applicant’s Warranties) and 10 (SGBC’s Intellectual Property) shall survive such expiry or termination.

Force Majeure

12.1.  Neither party to this Agreement shall be held responsible for any delay or failure in performance of any part of this Agreement to the extent that delay or failure is caused by causes beyond its reasonable control, including, but not limited to, fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, act of God, Act of Parliament, acts of public enemies, strikes or other labour disturbances, but the inability to meet financial obligations is expressly excluded. The affected party shall resume its obligations as soon as the event occasioning the delay or failure ceases or abates. In the event the affected party is unable to perform its obligations for more than ninety (90) days, the unaffected party may immediately terminate this Agreement.

Anti-Bribery & Corruption

13.1.  The SGBC Parties are committed to conducting its business in an ethical manner and expects all its employees and parties with which it has a contractual relationship to conduct themselves with high ethical standards and to comply with applicable laws for the suppression of corrupt practices (“Anti-Corruption Laws”). The Applicant represents and warrants that, to the best of its knowledge, neither it nor any person who (by reference to all relevant circumstances) performs services or acts for or on behalf of the Applicant in any capacity (including, without limitation, employees, agents, related corporations and subcontractors) (“Representatives”) has contravened, or procured or encouraged third parties (including, for the avoidance of doubt, the employees of or any person acting on an SGBC Party’s behalf) to contravene, any Anti-Corruption Laws in connection with this Agreement. The Applicant shall immediately notify SGBC Pte Ltd if any person employed by an SGBC Party or acting an SGBC Party’s behalf or any of Applicant’s Representatives, has contravened or attempted to contravene any Anti-Corruption Laws in connection with this Agreement, and shall take adequate steps to protect the interests of the SGBC Parties and the Applicant. All notices to SGBC Pte Ltd in this regard should be sent to the Executive Director, Singapore Green Building Council at the following email address [email protected]. SGBC Pte Ltd shall be entitled to terminate this Agreement forthwith if the Applicant or any of its Representatives has contravened or attempted to contravene any Anti-Corruption Laws, whether in connection with this Agreement or otherwise. Such termination shall be without prejudice to SGBC Pte Ltd’s and any SGBC Party’s other rights and remedies whether under this Agreement or otherwise.

Personal Data Consent

14.1.  SGBC reserves the right: to collect, use, disclose and/or process personal data about the Company/ Applicant have previously, now and may in the future provide to SGBC including but not limited to Company/ Applicant’s name, email address, telephone numbers, address, employment details for the following purposes:

• facilitating, processing, dealing with, administering, managing and/or maintaining the Company/ Applicant current employer’s relationship with SGBC’s;
• dealing in any matters relating to SGBC’s products, services and activities;
• carrying out due diligence and other screening activities, or to prevent or investigate any fraud or breach of contract or unlawful activity, or complying with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction;
• conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to enhance SGBC’s products, services and/or operations, and/or otherwise for SGBC’s business operations and purposes;
• storing, hosting, backing up (whether for disaster recovery or otherwise) of your personal data, whether within or outside Singapore, (collectively the “Purposes”),

14.2.  SGBC reserves the right: to disclose personal data about the Company/ Applicant to SGBC’s third party service providers and agents (“Representatives”) that are engaged by SGBC’s to perform certain functions in connection with the Purposes, so long as disclosure is necessary to enable such Representatives to perform the said functions. The Representatives may be located within or outside Singapore.

14.3.  Should you wish to withdraw your consent in part or whole, please send an email to SGBC at [email protected] and provide details of your withdrawal. Withdrawal of consent may impact or delay SGBC’s provision of products, services or activities to you and/or your employer.

Last updated: June 2024