Terms & Conditions (Rider)

INDEPENDENT CONTRACTOR AGREEMENT
WHYQ PTE. LTD.

This Independent Contractor Agreement (“Agreement”) is entered into as of ____________ (Day and Date) by and between WhyQ Pte. Ltd. (“Company”) (UEN 201407191M), with a principle place of business at 22B TEMPLE STREET, SINGAPORE 058567 and “Contractor”

• 1. Services
  
  
  • 1.1. Nature of Services
    Contractor will perform services for delivery of hawker food for the Company as an independent contractor (the “Services”). The Services have been specially ordered and commissioned by Company. To the extent the Services include materials subject to copyright, Contractor agrees that the Services are done as “contract for services” as that term is defined under Singapore law. Contractor will perform such services in a diligent and workman-like manner and in accordance with the schedule, if any. The content, style, form and format of any work product of the Services shall be completely satisfactory to Company and shall be consistent with Company’s standards.
    
    
  • 1.2. Relationship of the Parties
    Contractor enters into this Agreement as, and shall continue to be, an independent contractor. Only Contractor shall perform all Services. Under no circumstances shall Contractor, look to Company as his/her employer, or as a partner, agent or principal. Contractor shall not be entitled to any benefits accorded to Company's employees, including without limitation worker's compensation, disability insurance, vacation or sick pay. Contractor shall be responsible for providing, at Contractor's expense, and in Contractor's name, unemployment, disability, worker's compensation and other insurance, as well as licenses and permits usual or necessary for conducting the Services.
    
    
  • 1.3. Compensation and Reimbursement
    Contractor shall be compensated and reimbursed for the Services as on a per job basis that will be reflected in WhyQ Rider app. Company shall determine completeness of work product in its sole discretion, and Contractor agrees to make all revisions, additions, deletions or alterations as requested by Company. No other fees and/or expenses will be paid to Contractor, unless the appropriate Company executive in writing has approved such fees and/or expenses in advance. Contractor shall be solely responsible for any and all taxes, disability insurance, unemployment taxes, and other payroll type taxes applicable to such compensation. Contractor hereby indemnifies and holds Company harmless from, any claims, losses, costs, fees, liabilities, damages or injuries suffered by Company arising out of Contractor's failure with respect to its obligations in this Section 1.3.
    
    
• 2. Rules and Regulations
  
  
  • 2.1. Payment Cycle Format
    WhyQ Pte. Ltd. follows a payment cycle once per 2 weeks, with the week starting on Monday and ending on Sunday. Salary will be completed via bank transfer within 7 working days from the end of pay cycle. Contractor shall be notified that any late cancellation or failure to turn up for a booked shift will result in a $2 reduction in pay rate. Following which, $1 further reduction for every subsequent late cancellation. Company also reserves the right to apply the late cancellation fee to the previous, current or next pay cycle. If Contractor ceases doing jobs without one month prior notice or is removed due to disciplinary actions, Company can take up to 1 month to tally their final off-boarding accounts.
    
    
  • 2.2. Company Float
    Company reserves the right to adjust Contractor’s float at any time, with the float in system taken as accurate unless proved by Contractor otherwise. The float can also be deducted at any time from eventual salary. Also, upon discontinuation of working with WhyQ, Contractor is required to send all existing float back to the Company within 14 working days.
    
    
  • 2.3. Clock-in and Clock- Out Hours
    Company reserves the right to adjust Contractor’s clock-in timings at any time, given sufficient evidence. Contractors will only be paid from the official starting time onwards and will be clocked out should there be no orders for the shift. Contractors are assigned specific roles per shift and they must provide sufficient evidence if they claim they are working extra hours to assist their peers during the shift.
    
    
  • 2.4. Late Penalty
    Company may reduce contractor pay for showing up late for their respective shifts at the hawker centers if they are late for 15 minutes or more.
    
    
  • 2.5. Reporting of Price Discrepancies of Menu
    Contractors are required to inform the Company if they are ever able to purchase food at lower price that are mentioned on the WhyQ Rider App. If they are aware that they have paid lesser retroactively, they must inform the Company of this as well so it can be adjusted.
    
    
  • 2.6. Attire
    Contractors are required to clock in with a proper selfie. A selfie may be reasonably considered proper if we are able to, (1) see your whole face, (2) see part of the yellow WhyQ shirt, and (3) see a discernable part of the Hawker Centre.
    
    
• 3. Protection of Company's Confidential Information
  
  
  • 3.1. Confidential Information
    Company now owns and will hereafter develop, compile and own certain proprietary techniques, trade secrets, and confidential information which have great value in its business (collectively, “Company Information”). Company will be disclosing Company Information to Contractor during Contractor's performance of the Services. Company Information includes not only information disclosed by Company, but also information developed or learned by Contractor during Contractor's performance of the Services. Company Information is to be broadly defined and includes all information which has or could have commercial value or other utility in the business in which Company is engaged or contemplates engaging or the unauthorized disclosure of which could be detrimental to the interests of Company, whether or not such information is identified by Company. By way of example and without limitation, Company Information includes any and all information concerning discoveries, developments, designs, improvements, inventions, formulas, software programs, processes, techniques, know-how, data, research techniques, customer and supplier lists, marketing, sales or other financial or business information, scripts, and all derivatives, improvements and enhancements to any of the above. Company Information also includes like third-party information which is in Company's possession under an obligation of confidential treatment.
    
    
  • 3.2. Protection of Company Information
    Contractor agrees that at all times during or subsequent to the performance of the Services, Contractor will keep confidential and not divulge, communicate, or use Company Information, except for Contractor's own use during the Term of this Agreement to the extent necessary to perform the Services. Contractor further agrees not to cause the transmission, removal or transport of tangible embodiments of, or electronic files containing, Company Information from Company's principal place of business, without prior written approval of Company. Contractor also agrees to refrain from posting any negative comments of the Company online.
    
    
  • 3.3. Company Property
    All materials, including without limitation documents, drawings, drafts, notes, designs, computer media, electronic files and lists, including all additions to, deletions from, alterations of, and revisions in the foregoing (together the “Materials”), which are furnished to Contractor by Company or which are developed in the process of performing the Services, or embody or relate to the Services, the Company Information or the Innovations (as defined below), are the property of Company, and shall be returned by Contractor to Company promptly at Company's request together with any copies thereof, and in any event promptly upon expiration or termination of this Agreement for any reason. Contractor is granted no rights in or to such Materials, the Company Information or the Innovations, except as necessary to fulfill its obligations under this Agreement. Contractor shall not use or disclose the Materials, Company Information or Innovations to any third party.
    
    
• 4. Assignment of Contractor's Inventions and Copyrights
  
  
  • 4.1. Disclosure
    Contractor will promptly disclose in writing to Company all works, products, discoveries, developments, designs, innovations, improvements, inventions, formulas, processes, techniques, know how and data (whether or not patentable, and whether or not at a commercial stage, or registrable under copyright or similar statutes) which are authored, made, conceived, reduced to practice or learned by Contractor (either alone or jointly with others) during the period Contractor provides the Services as a result of performing the Services including any concepts, ideas, suggestions and approaches related thereto or contained therein (collectively, the “Innovations”).
    
    
  • 4.2. Assignment
    Contractor hereby assigns and agrees to assign to Company, without royalty or any other consideration except as expressly set forth herein, all worldwide right, title and interest Contractor may have or acquire in and to (i) all Materials; (ii) all Innovations (iii) all worldwide patents, patent applications, copyrights, mask work rights, trade secrets rights and other intellectual property rights in any Innovations; and (iv) any and all “moral rights” or right of “droit moral” (collectively “Moral Rights”), that Contractor may have in or with respect to any Innovations. To the extent any Moral Rights are not assignable, Contractor waives, disclaims and agrees that Contractor will not enforce such Moral Rights. Contractor agrees that such assignment shall extend to all languages and including the right to make translations of the Materials and Innovations. Additionally, Contractor agrees, at no charge to Company, but at Company's sole expense, to sign and deliver to Company (either during or subsequent to Contractor's performance of the Services) such documents as Company considers desirable to evidence the assignment of all rights of Contractor, if any, described above to Company and Company's ownership of such rights and to do any lawful act and to sign and deliver to Company any document necessary to apply for, register, prosecute or enforce any patent, copyright or other right or protection relating to any Innovations in any country of the world.
    
    
  • 4.3. Power of Attorney
    Contractor hereby irrevocably designates and appoints each of Company and its Secretary as Contractor's agent and attorney in fact, to act for and in Contractor's behalf and stead, for the limited purpose of executing and filing any such document and doing all other lawfully permitted acts to further the prosecution, issuance and enforcement of patents, copyrights or other protections which employ or are based on Innovations with the same force and effect as if executed and delivered by Contractor.
    
    
  • 4.4. Representations and Warranties
    Contractor represents and warrants to Company that (a) Contractor has full power and authority to enter into this Agreement including all rights necessary to make the foregoing assignments to Company; that in performing under the Agreement; (b) Contractor will not violate the terms of any agreement with any third party; and (c) the Services and any work product thereof are the original work of Contractor, do not and will not infringe upon, violate or misappropriate any patent, copyright, trade secret, trademark, contract, or any other publicity right, privacy right, or proprietary right of any third party. Contractor shall defend, indemnify and hold Company and its successors, assigns and licensees harmless from any and all claims, actions and proceedings, and the resulting losses, damages, costs and expenses (including reasonable attorneys' fees) arising from any claim, action or proceeding based upon or in any way related to Contractor's breach or alleged breach of any representation, warranty or covenant in this Agreement, and/or from the acts or omissions of Contractor.
    
    
• 5. Rules and Regulations of FoodPanda
  
  

  As a part of the job, Contractors may be required to manage Foodpanda orders for your hawker center. For Foodpanda orders, Contractors need to use the Foodpanda phone.

  • 5.1. As soon as you reach the hawker center, please collect the Foodpanda phone from the specific stall, put the Foodpanda phone on and send a screenshot of the phone. Make sure it is "Available" in the top corner. If you do not know which stall the Foodpanda phone is at, please ask on the WhatsApp group Chat.
  • 5.2. Check all Foodpanda stalls to make sure any closed stalls are marked as “unavailable for today” on Foodpanda phone.
  • 5.3. Please accept all Foodpanda orders as soon as you see them. Do not wait before accepting.
  • 5.4. Place food orders at stalls after accepting the order. If any item is suddenly not available then please inform on the WhatsApp group .Our admins will contact the customer and give you the replacement of that item.
  • 5.5. If only 1 item is not available in the entire order, and customer is not responding or the rider reached the hawker center, then send the order without that item.
  • 5.6. If no Foodpanda orders come in for 20 minutes, please call Foodpanda customer support (number is +65 31583673) to confirm is everything is functional on their side.
  • 5.7. You should not queue up at any stalls. We can cut queue at the stalls as long as you are wearing the WhyQ t-shirt.
  • 5.8. Buy only small size for everything. The cost of item on the Foodpanda phone will be higher than the cost at the stall. Do not follow the phone pricing.
  • 5.9. If you are working dinner shift, please make sure the stall you give the phone to opens by 11am the next day. Similarly, if you are doing lunch shift, please make sure the stall you give the phone to is open till 6pm on the same day.
  • 5.10. If any confusion regarding biker pick up area, location of Foodpanda phone, please ask on the hawker center WhatsApp group.
  • 5.11. Carry your own portable charger (Phone requires USB C type cable).
  • 5.12. For any cancelled order, send the picture of the item you have bought to admins. Only then float adjustments can be made.
  • 5.13. If no orders in 30 minutes from Foodpanda start time, call Foodpanda hotline and notify WhyQ admins on WhatsApp group.
  • 5.14. You will be clocked out after (1) your have cleared WhyQ orders, and (2) there are no new FoodPanda orders for consecutive 30 minutes.
  • 5.15. At any point of your Foodpanda shift, if no orders for 30 min you need to call Foodpanda and notify WhyQ admins on WhatsApp group.
  • 5.16. Please clock-out after another 30 minutes if there are no new orders.
  • 5.17. If you have no proof of calling Foodpanda hotline then you will be clocked out at the time WhyQ is cleared.
  • 5.18. If you are assigned to Foodpanda you are required to carry a charged power-bank. If you are not carrying a power-bank and unable to find a stall to charge the Foodpanda phone, management can dock your pay for the shift by 50%
  • 5.19. If any of the stalls listed under Foodpanda are found 'marked unavailable' on Foodpanda device without mentioning the reason on WhatsApp group and without an empirical evidence to prove your claim at any point of time during the shift, the company has right to dock your pay for the shift by 50% or take disciplinary action against you.
  • 5.20. You will never put Foodpanda phone availability to 'busy' or 'closed' without a prior notice on WhatsApp group and consent from any of the admin.

If Contractor does not follow any of the FoodPanda rules and it results in a loss to the company, Company has the right to deduct that amount from their pay.