Online Terms and Conditions for Trainees
Online Acknowledgment Letter
You acknowledge and agree that you are in compliance with, and will continue to comply with the applicable data protection laws with respect to any personal data or personally identifiable information. We understand that your privacy is important and we value your privacy.
TERMS AND CONDITIONS
I hereby acknowledge and agree to the terms and conditions stated in this document.
I in the capacity of Trainee hereby acknowledge and agree to the terms and conditions stated hereunder.
Please note that BCG may, in its discretion, amend these terms from time to time. To ensure you are able to remain informed about the information we collect and how we use it, material changes to our statement will be reflected here and we will notify you whenever we make a material change to these terms.
- Cooperation. I will cooperate with BCG’s personnel and will not interfere with the conduct of BCG’s business, will observe all rules, regulations and security requirements of BCG, and will keep BCG updated on any progress, problems, and/or developments of which I am aware regarding the training program (“Program”).
- I understand and agree that BCG as Program Partner is in compliance with its core values i.e. INTEGRITY, DIVERSITY, PARTNERSHIP, SOCIAL IMPACT, VALUE DELIVERED, CLIENTS COME FIRST, RESPECT FOR THE INDIVIDUAL, THE STRATEGIC PERSPECTIVE, EXPANDING THE ART OF THE
1.2. Compliance with Laws
I warrant and represent that I will comply with all applicable laws and regulations governing the Program. My activities during the course of Program are in compliance with the applicable laws, including without limitation, securities laws, rules and regulations, laws governing the trading of securities by insiders, and laws prohibiting bribery and corruption, including the Foreign Corrupt Practices Act and the Bribery Act of 2010. Further, if I witnesses or has cause to suspect that any third party associated with BCG may be engaged in conduct amounting to corruption or bribery, whether directly or indirectly, I will report this to BCG without delay. If BCG has reasonable grounds to suspect that I may or will breach the terms of this section, BCG shall be entitled to terminate my participation in Program with immediate effect for cause.
1.3. Program Requirements
- I agree to fulfill all the training requirements including not limiting to minimum attendance (achieve at least a 75% attendance rate), maintain the integrity of login credentials and achieved the required marking for passing of the assessment which forms part of the training. I agree that if I do not meet 75% attendance of overall hours of the classroom sessions and achieved the required marking for passing of the assessment, I will be ineligible to receive the Certificate of Completion.
- I agree to submit the any documentation or material requested by BCG and or any relevant party pursuant to this Program including not limiting to full name, NRIC number, mobile telephone number, and email address to BCG.
- It is hereby agreed that if payment is required from me as the Trainee for the Programe BCG is eligible to raise invoice by virtue of this terms and conditions and I shall pay to BCG in full amount as per the invoice issued within 30 days of the invoice date. BCG reserves the right to withhold the issuance of any Certificate of Completion or remove me from the Program in the event of any late payment or non-payment. Further, BCG reserves the right to impose a 2% per month late payment fee for invoices that remain unsettled after the 30 days period referred to above and in the absence of any written explanation as to the reason the invoice remains unpaid.
- I further agree that all obligations of BCG with regards to the Program is deemed completed upon the completion of the Program. For the avoidance of doubt, there shall not be any claims made by me against BCG and I shall keep BCG indemnified against any third party claims arising from my decision not to complete the required training or any failure to achieve the required marking for the passing of the assessment as part of the Program.
1.4. BCG Rights
Please note that BCG may, in its discretion, amend the terms applicable to this Program including not limiting to module design, assessment criteria, replacement of trainers from time to time. I agree that Program curriculum incorporates learning, assignments and assessments conducted in groups, and full participation in group work is required. Any requests to modify curriculum and assessment criteria will not be entertained by BCG.
2. CONFIDENTIAL INFORMATION; SECURITY REQUIREMENTS
- I will or may have access to information of a special and unique nature and value to BCG and/or its clients (“Confidential Information”). Confidential Information means any and all information, whether or not patentable and whether or not copyrightable, owned, possessed or used by BCG which is denoted confidential, which I am informed is confidential, either verbally or in writing, or which the nature of, or the circumstances surrounding the disclosure, development, treatment by BCG, or receipt, reasonably suggest ought to be treated as confidential, including, without limitation, any client’s or BCG’s Work Product, training materials, modules, manuals, invention, formula, vendor information, customer information, trade secret, process, research, report, technical data, know-how, computer programs, software, code, technology, marketing or business plan, forecast, unpublished financial statement, budget, license, price, cost and employee list that is communicated to, learned of, developed or otherwise acquired by me while participating in Program to BCG. Any information and materials received by BCG from third parties in confidence will be included in the definition of Confidential Information.
- I will not, during the course of this Program or at any time, thereafter, disclose to others, or use for my or the benefit of others, any Confidential Information. I will not copy, alter, modify disassemble, reverse engineer or decompile any Confidential Information unless permitted in writing by BCG. BCG holds all right, title, and interest in and to all tangible and intangible incidents of the Confidential Information, including, without limitation, all trade secrets, copyrights, patent rights and derivative works pertaining thereto, and this engagement conveys to me only a limited right to use the Confidential Information as necessary for me to perform the specified activities under the Program. Such right is fully revocable in accordance with the provisions of this Agreement. Except for such right of use, I will not assert any right, title, or interest in or to the Confidential Information and will hold all Confidential Information in strict confidence.
- Confidential Information will not include any information that (i) is or becomes known to the general public under circumstances involving no breach of these terms, (ii) is generally disclosed to third parties by BCG without restriction on such third parties, or (iii) is approved for release by written authorization of a BCG authorized representative provided, however, that if I seek to disclose, divulge, reveal, report, publish, transfer or use any Confidential Information to any third party, I must prove that the information became publicly available without any breach of these terms. Disclosure of Confidential Information will not be prohibited if made directly pursuant to a valid and existing order of a court or other governmental body or agency provided, however, that (i) I shall first promptly notify BCG of such possible or prospective order and (ii) BCG has a reasonable opportunity to prevent or limit disclosure. I will return all Confidential Information in my possession or under my control at BCG’s request or, in the absence of such a request, upon termination or expiration of my participation in the Program.
- I will not use, process or transfer or transport BCG’s Confidential Information in unencrypted electronic format (including but not limited to unencrypted computers or laptops, data tapes, USB keys or drives, hard drives and similar devices) and will implement Full Disk encryption on all workstations and laptops, such that no unencrypted workstations or machines are used in conjunction with BCG’s Confidential Information.
- From time to time, BCG may have agreements with other persons, entities or with the United States Government, or agencies thereof, that impose obligations or restrictions on BCG regarding inventions made during the course of work under such agreements or regarding the confidential nature of such work. I agree to be bound by all such obligations and restrictions that are made known to me and to take all action necessary to discharge the obligations of BCG under such agreements.
- I will not, without BCG’s prior written consent in each instance, (i) use BCG’s name or likeness, or the name or likeness of any BCG client(s), in any advertising, publicity, client list, website or otherwise, or (ii) represent, directly or indirectly, that BCG or BCG’s client.
3. OWNERSHIP OF INFORMATION
- All rights, title, and interests in any findings, reports, inventions, writings, disclosures, discoveries, computer code, developments, and improvements written, invented, made or conceived (whether or not patentable and whether or not copyrightable) by me solely or jointly with others in the course of or arising out of this Program (referred to herein as “Work Product”) and is the sole and exclusive property of BCG. I HEREBY ASSIGNS ALL RIGHT, TITLE, AND INTEREST IN WORK PRODUCT TO BCG AND WAIVES IN FAVOR OF BCG ALL MORAL RIGHTS TO WORK PRODUCT THAT MAY VEST WITH ME. I will promptly disclose all Work Product to BCG and to maintain adequate and current written records (in the form of notes, sketches, drawings and as may be specified by BCG) to document the conception and/or first actual reduction to practice of any Work Product.
- All rights, title, and interests in Confidential Information shall vests with BCG and is the sole and exclusive property of BCG.
- I will execute any instruments and do all other things reasonably requested by BCG (both during and after my Program by BCG) in order to vest more fully in BCG all ownership rights in Work Product. I hereby acknowledge that Work Product is expressly included within the meaning of “Confidential Information”
- I expressly agree that any breach of the terms of this Program will result in serious and irreparable injury to BCG for which BCG cannot be adequately compensated by monetary damages alone. Therefore, in addition to any other remedy it may have, BCG may enforce the specific performance of this Program by me and seek both temporary and permanent injunctive relief, to the extent permitted by law, without needing to post a bond or prove actual damages.
5. LIMITATION OF LIABILITY
- In no event will either party be liable to the other party for any special, exemplary, incidental, or consequential damages, or for any direct or indirect loss of data, profits, goodwill, whether arising out of contract, tort (including negligence), strict liability or otherwise, resulting from or related to an Program (whether or not such party knew of should have known of the possibility of any such damages).
- With the exception of my indemnification obligations hereunder, or my liability for breach of confidentiality, breach of data privacy, or damages arising from my gross negligence or willful misconduct under no circumstances will either party’s aggregate liability to the other for any claim arising from or in connection with or relating to this agreement (whether in contract, tort (including negligence), strict liability or otherwise) exceed an amount equal to the grants paid to BCG by me for the program that gave rise to the claim.
- In respect of either party, nothing in these terms limits or excludes such party’s liability for: (i) personal injury or death suffered by the other party caused by such party’s negligence; (ii) fraud; or (iii) any matter for which it would be illegal for such party to exclude or limit or to attempt to exclude or limit its liability under applicable law.
- BCG shall not be liable for my or other participants acts or omissions arising under this Program.
6. TERMINATION BY BCG
- BCG may terminate this Program for convenience upon written notice to you.
- BCG may, upon three written warnings, terminate the Program in whole or in part if any of the following events occur: (a) the Trainee is in material breach of any Program provision provided that BCG has in writing requested the Trainee to cure and the Trainee has not done so within thirty (30) days of receipt of notice; (b) the Trainee acts or omissions; (c) the Trainee fraudulent misrepresentation or illegal activity; or (d) if the Trainee fails to meet the training requirements.
- Upon receipt of notice of termination from BCG, unless otherwise advised by BCG, my participation in the Program shall cease with immediate For the avoidance of doubt, I hereby agree that I shall not be entitled to terminate the Program or cancel my participation in the Program. Should I decide not to complete or participate in the Program, BCG remains entitled to request for full payment for the Program (if applicable) and any payment made for my participation in the Program shall be non-refundable. I further agree that there shall be no further claims against BCG due my non-completion / non-participation in the Program.
7. INDEPENDENT STATUS
- I understand and agrees that I am not BCG’s employee and is not entitled or guaranteed to benefits provided by BCG including but not limited to workers’ compensation, unemployment, vacation, sick leave, holiday pay, medical, dental, accident and life insurance. I am solely responsible for complying with all applicable employment tax and income tax laws.
- I understand and agrees that I am not permitted to represent myself as BCG’s employee internally or externally for the purposes of soliciting work or otherwise for my personal benefit.
8. GOVERNING LAW & DISPUTE RESOLUTION
- Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of the country where the relevant BCG host office has organised the Program. The governing law of the contract shall be the substantive law of the country where the relevant BCG host office has organised the Program.
- Dispute Resolution. If any dispute arises out of or in connection with an Program, either Party will be entitled to refer the dispute by written notice (a “Dispute Notice”) for resolution and will meet to resolve the dispute within 15 Business Days of the date of such notice. BCG shall notify the Trainee the reasons for the delay in resolving the dispute within 15 Business Days. If the dispute cannot be resolved in accordance with this clause within 15 Business Days of the date of the Dispute Notice, either Party will be entitled to refer the dispute to a mediation provider agreed by the Parties, such mediation to be held as soon as possible but in any event within two months of the date of the Dispute Notice unless otherwise agreed between the Parties. If the Dispute is not resolved within three months of the date of the Dispute Notice, then either Party may start proceedings in accordance with above clause.
- Nothing in these Terms will limit or in any way restrict the ability of either Party to seek injunctive or other equitable relief in a court or other judicial body.