Job Offer
Job Offer: Terms and Conditions
TERMS & CONDITIONS
The provision of the Services by Job Offer through the Site and the mobile application, as well as the use of the Site, mobile application and Services by the Users shall be governed by the terms and conditions set out below.
The provision of the Services by Job Offer through the Site and the mobile application, as well as the use of the Site, mobile application and Services by the Users shall be governed by the terms and conditions set out below.
1. Definitions
1.1The following terms shall have the respective meanings specified below unless the context otherwise requires:
(a)"Employers" means a User who places a job advertisement, uploads recruitment information or promotes any employment related activities on the Site.
(b)"Agent" means a User who acts as an agent by introducing or referring companies (i.e. employers) to our company.
(c) "Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.
(d)"HKD" means the lawful currency of Hong Kong.
(e)"Intellectual Properties" means all contents of the Site and the mobile application, including without limitation any information, data, text, graphics, images, layouts, designs, pictures, trademarks, logos, HTML and other proprietary information, which are intellectual properties owned by, licensed to or used by Job Offer with permission from its owners.
(f)"Intellectual Property Rights" means all rights, title and interest in and to the Intellectual Properties.
(g)"Job Offer" means Quality People Resources Limited, the provider of the Site and the holder of the Employment Agency Licence No. 55991 pursuant to Section 5(1) of the Employment Ordinance.
(h)"Job Seeker" means a User who intends to seek employment by using the Site.
(i)"Employment Ordinance" means the Employment Ordinance, Cap. 57 of the laws of Hong Kong.
(j)"Privacy Policy" means the privacy policy which governs the collection and use of personal data through the Site, provisions of which are set out in this link. Job Offer shall have the right to delete or revise the provisions of the Privacy Policy from time to time without prior notice.
(k)"Services" means the services provided by Job Offer to the Users on the Site for recruitment/job seeking purposes, including without limitation (i) development, operation and maintenance of the Site as an electronic platform for use by Users in providing and exchanging recruitment/job seeking related information; (ii) provision and maintenance of various functions on the Site
(l)"User" means any user of the Services and the Site including Employers, Job Seekers and Agents, whether or not such User is registered as a Member of the Site.
1.2 The terms "you", "user" and "users" contained herein refer to all individuals and/or entities using the Site at any time for any reason or purpose.
1.3Any reference made to times of the day are to Hong Kong time.
1.4Any document expressly referred to in the Terms and Conditions, including without limitation the Privacy Policy, shall form part hereof.
2. Use of the Site and the Services
2.1 Employers
(a)The employer shall only use the Site and the Services for lawful and purposes relating to recruitment.
(b)Upon successful registration as a Member, an employer may, for recruitment purposes, use the Site to (i) upload recruitment information and advertise job vacancies; (ii) access the Database and search for suitable Job Seeker candidates;
(c)Any information provided by the employers will be examined by Job Offer before formal publication is allowed. Job Offer may refuse to publicize any contents on the job vacancies page, or require the employer to remove or amend any contents thereon from time to time as Job Offer deems appropriate. Employers shall be solely responsible for the information they post on the site, and no approval for publication of any contents on the Site and the mobile application, or omission to require the removal or amendment of any information thereon shall be deemed to be an endorsement by Job Offer of any of such information provided by the employers. Upon request by Job Offer, the employer shall forthwith remove or amend the relevant information on the Site.
(d)The Advertiser agrees that all information, including without limitation the Personal Information (defined below) obtained from the Site and the mobile application shall be used for recruitment purposes only. All such information shall be handled by the employers in strict compliance with the Terms and Conditions and the Privacy Policy and shall not be disclosed to any third parties (except as provided under Disclosure or Transfer of Data in the Privacy Policy) unless a prior written consent is obtained from the relevant Job Seeker. The employer acknowledges and agrees that it shall disregard any information from Job Seeker (either from the Job Seeker's Page or otherwise) which is irrelevant to recruitment purposes.
2.2Job Seeker
(a) The Job Seeker shall only use the Site and the Services for lawful and job seeking purposes.
(b)Upon successful registration as a Member, a Job Seeker may use the Site to (i) create his/her own profile page to upload personal information such as personal particulars, education background, work experience, qualifications and other relevant information (collectively, the "Personal Information") ;
(ii) search for job vacancies, obtain employment related information and access the Advertiser's Page(s); and
(iii) submit job applications through the Job Application System, subject however to the Terms and Conditions, restrictions and/or requirements imposed thereon by Job Offer from time to time.
(c)Any information provided by the Job Offer will be examined by Job Offer before formal publication is allowed. Job Offer may refuse to publicize the Job Seeker's Page or any contents thereon, or require the removal or amendment of any contents thereon from time to time as Job Offer deems appropriate. The Job Seeker shall be solely responsible for the information contained on the Job Seeker's Page and no approval for publication of any contents, or omission to require the removal or amendment of any information thereon shall be deemed to be an endorsement by Job Offer of any of such information provided by the Job Seeker. Upon request by Job Offer, the Job Seeker shall forthwith remove or amend the relevant information on the Site.
(d)The employer, the Job Seeker and the agent shall, upon registration as a Member, keep his/her Member's login-ID and password confidential in order to prevent any leakage of confidential and personal information to any third party, and Job Offer shall not be liable for any leakage thereof caused by the Job Seeker's own inattention, acts or omissions.
(e)The Job Seeker confirms and acknowledges that he/she provides the Personal Information to Job Offer and the employers of his/her own volition by using the Site and the Service, and further: (v) acknowledges that he/she uploads his/her Personal Information on the Site at his/her own risk;
(i)acknowledges that he/she uploads his/her Personal Information on the Site at his/her own risk;
(ii)authorizes Job Offer to store his/her Personal Information in the database system of Job Offer (the ÒDatabaseÓ), and until and unless such Personal Information is deleted or de-activated by the Job Seeker, the same will be stored in the Database and remains active for view by Job Offer and/or Advertisers;
(iii)agrees that Job Offer may use the Personal Information (however without his/her name, contact information, address, date of birth and other personally identifiable information) for marketing purposes which may be directed to any Users on the Site; and
(iv)agrees, subject however to Job Offer's following of the Privacy Policy, that Job Offer shall not be responsible for any loss or damage arising out of or in relation to the view, transfer or use of the Personal Information in whatever manner by the Users.
2.3Prohibited Use
All Users of the Site, whether or not registered as a Member, shall be prohibited from using the Site in any manner which:
(a)contains or involves information which is incomplete, false, inaccurate, misleading, fraudulent, defamatory, libellous, obscene, discriminatory, harassing, threatening, abusive, hateful, racist, illegal, improper, offensive, or otherwise unrelated to recruitment/job seeking purposes (including without limitation by soliciting donations or businesses, launching irrelevant advertisements, sending unsolicited e-mails or conducting direct or indirect marketing);
(b)infringes the Intellectual Property Rights or proprietary rights of Job Offer, other Users or any third parties, or violates the privacy, publicity or other personal rights of others;
(c)does not have the permission from the owner of the information, the account or the system;
(d)causes viruses, corrupted files or other materials to interrupt, damage or limit the operation, or violate the security of the Site, or tamper or interfere with the Services to any User;
(e)violates the Terms and Conditions, the Privacy Policy or any applicable laws and regulations of Hong Kong or other relevant jurisdictions, and without prejudice to Clause 2.4 below, Job Offer may, without notice, disable the publication of, or remove or amend any information provided by such User, if the information is considered to be in violation of any of the restrictions stipulated under this Clause 2.3.
2.3Prohibited Use
(a) Job Offer shall have the right to partially restrict, temporarily suspend or permanently terminate the User's right of access to the Site and to use the Services without prior notice, if:
(i)the User is in material breach of any provisions of the Terms and Conditions, the Privacy Policy or any restrictions imposed by Job Offer from time to time, and where the default is remediable, such User in default fails to remedy its breach within three (3) days upon receiving a warning letter from Job Offer;
(ii)a petition has been presented to wind up the User (if such User is a corporate entity) or for bankruptcy against the User (if such User is an individual);
(iii)the measure to restrict, suspend or terminate is considered necessary and reasonable by Job Offer in its sole discretion;
(iv)situation stipulated under Clause 13 below occurs, provided that the above measures shall not affect any other rights and remedies available to Job Offer, or any obligations owed by such User to Job Offer under the Terms and Conditions and the laws of Hong Kong or other jurisdictions, where applicable.
(b)For the avoidance of doubt, upon termination of the User's right of access to the Site and use the Services contemplated under Clause 2.4(a) above, Job Offer may also, without notice, (i) determine the membership of the User permanently; (ii) remove or de-activate any information uploaded or posted by such User on the Site; (iii) demand immediate payment of the Service Fee and/or any other fees or costs incurred and owing to Job Offer by such User together with any interest thereon; and (iv) make a public announcement of the termination of membership of such User on the Site.
3. Fees
3.1 A Job Seeker who successfully registers as a Member on the Site may use the Site and the Services at no charge. In consideration of the Services provided by Job Offer, the Job Seeker agrees to be bound by the Terms and Conditions and all other restrictions imposed by Job Offer from time to time when using the Site.
3.2 Before posting job vacancies online, the employer is required to select (a) suitable package(s). If any paid package(s) is selected, he/she is able to post job vacancies online after receiving the email confirmation from job offer, subsequent to his/her payment.
3.3 Agent will only be paid in the following month after his/her referred company has subscribed to a package. The agency fee of the first year is 20% per package, while that of the second year is 5% per package.
4.Intellectual Property Rights
4.1 In consideration of the Services provided by Job Offer, a User who uploads information on the Site and the mobile application agrees to grant to Job Offer and/or its affiliate(s), at no cost, the right to use, amend, remove, publish, distribute, license or sub-license, sell and store such information, including all Intellectual Properties contained therein, for the purposes of providing Services to the Users and carrying out other business activities in relation thereto.
4.2 Job Offer, either as an owner or licensee of the Intellectual Properties, shall have all rights in relation thereto, and any party obtaining information from the Site or the mobile application shall not, without prior consent from Job Offer in writing, use, amend, remove, publish, distribute, license or sub-license, sell or store any such information in whatever manner.
5. Warranty and Disclaimer
5.1 The User fully understands Job OfferÕs role as a service provider of a communication medium between the Users and acknowledges and agrees that:
(a)it uses the Site and the mobile application at its own risk, and shall be fully and absolutely responsible for its own activities and any loss, damages and/or liabilities arising therefrom;
(b)it is solely and fully responsible for the accuracy, truthfulness and legality of any information uploaded on the Site and the mobile application, and further undertakes and represents to Job Offer that all information provided or to be provided thereon are in compliance with the Terms and Conditions and the laws in Hong Kong or other relevant jurisdictions;
(c)all information on the Site and the mobile application is for reference only and Job Offer shall not be liable for any loss or damage arising from the inaccuracy, falsity, invalidity, illegality, unsuitability, incompleteness, untimeliness or unreliability of the information;
(d) The submission of a job application by a Job Seeker, making of an employment offer employment contract between the Employer and Job Seeker through the Site are independent activities between the Employer and Job Seeker. Job Offer is not a party to any such relationship and shall not be deemed to have endorsed or recommended any such application or offer, or have offered any employment opportunity or entered into any contract with any such party because of these activities. Job Offer shall not be bound by any terms and conditions therein, nor shall it be liable for any loss or damage suffered by any party due to such activities;
(e) Job Offer shall not be liable for any loss or damage arising from or in relation to, and suffered by the User or any third party as a result of the use of the Services, reliance on any information on the Site or failure to provide the Services to the User for whatever reason.
6.2 Further and without prejudice to other rights and remedies available to Job Offer, the User undertakes to indemnify, and hold harmless Job Offer and its affiliate(s), shareholders, directors, officers, employees, agents, representatives, attorneys, advisers and successors from and against all claims, actions, demands, liabilities, losses, damage, costs and expenses arising from or relating to its use of the Site and the Services, to the fullest extent permitted by the laws in Hong Kong or other relevant jurisdictions.
6.3 Job Offer does not guarantee (i) the number of views to any information, or pages uploaded or created by the User on the Site or the mobile application; (ii) the type of Users who will be viewing such information, advertisements or pages; and (iii) any effect or outcome resulting therefrom.
6.4 Job Offer will use reasonable endeavours to ensure, however without guarantee, that (i) the Site and the mobile application will be operated free of error and viruses; (ii) the operation of the Site and the mobile application will be uninterrupted, timely and secured; or (iii) any defects or problems will be corrected in a timely manner.
7. Limitation of Liability
Subject to the applicable laws, the User agrees that the aggregate liability of Job Offer for all claims arising from or relating to its use of the Site and the mobile application, if any, shall be limited to the total amount of fees actually received by Job Offer in relation to its services provided to such User.
8. Privacy
8.1The provisions governing the collection and use of personal data through the Site and the mobile application are set out in the Privacy Policy which is incorporated into and forms part of the Terms and Conditions. All Users agree to be bound by and comply with the provisions therein when using the Site and the Services.
8.2Any person who receives any personal data when operating and using the Site and the mobile application, including without limitation Job OfferÕs affiliate(s) and business partner(s), acknowledges and agrees that it shall strictly comply with the relevant provisions relating to the protection of privacy and personal data protection under the Terms and Conditions and the Privacy Policy at the same standard applicable to Job Offer. Such person also undertakes to procure any persons under or related to it who receives any Personal Data, including without limitation its affiliates, directors, officers, employees, representatives or agents, to handle such Personal Data with the highest standard of confidentiality and security and not to use such Personal Data for purposes otherwise contained in this Privacy Policy.
9. Relationship of Job Offer and the Users
Job Offer shall not in any manner be considered an agent, joint venture, partner or employer of any User. No representation shall be made by any User which may establish any relationship of agency, joint venture, partnership or employment between Job Offer or any party unless otherwise agreed by Job Offer in writing. Job Offer shall not be bound by any agreement, warranty or representation made by such User to any other party or shall it be liable for any loss or damage suffered by any party in relation thereto.
10. Variation of Terms Job Offer shall have the right to amend or delete any provisions of the Terms and Conditions from time to time at its sole discretion without prior notice. Notification will be given to all Users in whatever manner Job Offer considers appropriate. After the notification is made, any continued use of the Site by the User will be deemed a consent and acceptance to all changes made to the Terms and Conditions, and the User shall be bound by the amended provisions therein.
11. Entire Agreement
The Terms and Conditions and all documents referred to herein, including without limitation the Privacy Policy shall constitute the entire agreement and understanding of the parties and shall supersede any previous agreement, undertaking, communications or discussions, whether oral or written, between the parties relating to the subject matters hereof.
12. Severability
If any provision herein is held to be illegal, invalid or unenforceable under any applicable law, the legality, validity and enforceability of the remaining provisions shall not in any way be affected or impaired.
13. Force Majeure
Job Offer shall not be liable for non-performance or delay in performance occasioned by any causes beyond its reasonable control, including without limitation failure of computer, telecommunication or other equipment, strikes, labour disputes, insurrections, fires, explosions, sabotage, insurrections, acts of God, acts of government or civil or military authorities, war, orders of courts and non-performance or delay in performance of any third parties. If the force majeure continues for more than six (6) months, Job Offer shall be entitled to exercise its right of termination stipulated under Clause 2.4 above.
14. Miscellaneous Terms
14.1 The failure of Job Offer to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right.
14.2 If the Terms and Conditions are written in more than one languages, and if, in the course of performance, there is any dispute or discrepancy between the different language versions, the English version shall always prevail (the other version(s) is/are for reference only).
15. Governing Law and Jurisdiction
The Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong and the parties agree to submit to the non-exclusive jurisdiction of the Hong Kong courts for hearing and/or settlement of all disputes arising out of or relating thereto.