Terms and Conditions for Participation
(The Agreement between NTU and the Health Coach)
Each health coach participating the research programme shall be bound by the following terms and conditions which are treated as the agreement being signed between Nanyang Technological University, Singapore, acting through Centre for Healthy and Sustainable Cities, Wee Kim Wee School of Communication and Information (hereinafter “the University”), and you (the “Health Coach”). The health coach has agreed to participate in the study on the terms set out as follows.
1.
Interpretation
“Confidential Information” means the following, whether oral, written, electronic or in other form:
(a) The terms of this Agreement and its subject matter;
(b) All information, intellectual property rights, know-how, technology, trade secrets, proprietary information, proposals, tenders, contracts, plans, goals, objectives, personal information, specifications, drawings, data, software, manuals, diagrams, graphs, charts, projections, specifications, formulae, estimates, concepts, documents, accounts, plans, designs, techniques, processes, client lists, correspondence, letters and papers of every description (and copies and extracts made of or from such information) relating to:
(i) The University or any of its associated entities, suppliers, business associates, customers or potential customers;
(ii) The operations, dealings, organisation, business, processes, dealings, finance, strategies, policies, transactions, prospects, markets, customers, know how of the University;
and including without limitation that which is not specifically marked or identified as such would reasonably be regarded as secret commercial information of the owners, but excluding any such information which:
(i) Was lawfully known to or in the health coach’s possession or control without restriction prior to the health coach performing the health coaching work; or
(ii) Is in the public domain or subsequently enters the public domain other than as a result of a breach of this Agreement.
“Intellectual Property Rights” means all intellectual and industrial property rights, including without limitation copyright, trademarks or trade names, patents, designs (whether registered or pending registration), goodwill, trade secrets, secret processes, moral rights, the right to have confidential information kept confidential and other like rights whether arising by common law or by statute;
“The University’s Intellectual Property” means all intellectual and industrial property rights owned or licensed to the University at the time of entering this Agreement or subsequently acquired or developed (directly or indirectly) by or for the University or licensed to the University during the term of the Agreement;
“Works” means all Intellectual Property Rights and any Documents created by the health coach (if any) during the course of the attachment of the health coach with the University;
2.
Nature of the Health Coach Work
The University and the health coach agree that the participation in the coaching Work by him/her is carried out on the basis of their own interest, and there is no affiliation between him/her and the University arising out of his participation. The health coach will not for any purpose become an employee of the University as a result of performing the health coaching Work.
3
Health Coach Period
(a) The health coach’s participation shall take place over a period of 6 months (“Term”), and the health coach will tentatively commence on a date to be mutually agreed by the University and you (“Tentative Commencement Date”).
(b) The health coach’s participation period may not be extended beyond the Term except by further Agreement in writing executed by the Parties.
(c) The participation of the health coach may be terminated prior to the completion of the Term in accordance with clause 5 of this Agreement.
4
Health coach’s Obligations and Acknowledgements
(a) Comply with any and all the University policies and procedures that apply, or may apply, to him/her during the course of the health coaching Work;
(b) Only participate in a literary review expressly directed by the supervisor, or other allowed work areas expressly agreed in writing by the University;
(c) While performing the health coaching Work for Uberising Health Coaching Addressing the Increasing Demand of Just-in-Time, Bite-Sized and Affordable Health Coaching for Older Adults (
ARISE/2017/09), he/she shall only collect, use, disclose and process personal data of individuals, in full compliance with the Singapore Personal Data Protection Act (“PDPA”) and with any policies, compliance manuals, guidelines and/or checklists issued by the NTU relating thereto. In this respect, he/she agrees that he/she will:
(i) Use the Personal Data collected by him/her or disclosed to him/her in the course of this study solely for the purposes of this health coaching Work;
(ii) Cease use of the Personal Data if the individual to whom the Personal Data relates withdraws his or her consent;
(iii) Take appropriate measures to protect the Personal Data from unauthorised disclosure;
(iv) Give NTU notice as soon as reasonably practical should I be aware of any unauthorised disclosure;
(v) Not retain the Personal Data for any longer than is necessary for this Assignment;
(vi) Destroy the Personal Data as soon as possible, upon NTU’s request;
(vii) Not disclose the Personal Data to a third party without authorisation from NTU; and
(viii) Not transfer the Personal Data outside Singapore without authorisation from NTU.
The provisions of this clause shall apply during the continuance of his/her health coaching Work and indefinitely after the completion or termination of his/her health coaching Work. Personal Data shall have the same meaning as defined in the Singapore Personal Data Protection Act. Note that Personal Data of individuals include pictures and videos of the individuals.
5
Termination of Health Coaching Work
The health coach accepts that the health coaching Work may be terminated prior to the completion of the Term, at the University’s sole discretion.
6
Insurance
The health coach acknowledges that, for the duration of the health coaching Work, he/she is not an employee within the meaning of the Employment Act and is not entitled to claim under the University’s employee’s compensation and insurance.
7
Indemnity
The health coach hereby indemnifies and unconditionally releases the University and its officers, employees and agents from any Claims against the University and its officers, employees and agents that may be made by:
(a) The health coach, in relation to the health coach’s performance of the coaching Work; or
(b) Any other person who makes any claim that relates to the health coach’s conduct in the course of the health coaching Work.
8
General
(a) This Agreement is governed by the laws of Singapore and the parties submit to the exclusive jurisdiction of the courts of Singapore.
(b) This Agreement constitutes the entire Agreement between the Parties as to its subject matter to the exclusion of any prior Agreement whether written or oral, express or in
any way implied.
(c) This Agreement may only be varied by amendment in writing and executed by both Parties.
(d) In this Agreement a reference to the University shall be read as a reference to and including as appropriate, the University’s successor, transferee and assignees.
9
Execution
This Agreement be regarded as executed once you tick the box of “I agree to terms and conditions” when submitting your registration and agreement form on line before participating in this programme.
I agree to Terms and conditions.