JobTotal Limited - Terms and Conditions
Employment Agency
License No.: 64616
Last
modified: March 29, 2021
Services provided by
JobTotal Limited through the App and/or the Web Site therein shall be available
to Job Seekers or other users such as Advertisers. Access to and use of the contents and
services provided shall be subject to the terms and conditions which are set
out below (‘Terms and Conditions’) and the privacy policy
(‘Privacy Policy’). If you do not accept either or both of the
Terms and Conditions and/or the Privacy Policy, please do not join, access,
view, download or otherwise use any services offered by Us via the App and/or
the Web Site. By Your continued use of
the services, You acknowledge that You have read and understood the Terms and
Conditions and the Privacy Policy and that You agree to be bound by all of its
provisions. We reserve the right to
amend, add to, delete or revise the Terms and Conditions and the Privacy Policy
at any time without prior notice. You
are advised to periodically review the Terms and Conditions and the Privacy
Policy. Your access to our services will
be terminated upon your notice to Us that any change is unacceptable; otherwise
Your continued use shall constitute Your acceptance of all changes and they
shall be binding upon You.
Definitions
The words of which the initial letter is
capitalized have meanings defined under the following conditions.
The following definitions shall have the
same meaning regardless of whether they appear in singular or in plural.
·
You/User
means the individual accessing or using the Service, or the
company, or other legal entity on behalf of which such individual is accessing
or using the Service, as applicable.
·
Job Seeker
means users who seeking
employment.
·
Company
(referred to as either "the Company",
"We", "Us" or "Our" in this Agreement) refers to JobTotal
Limited, Room 1008, 10/F, New East Sun Ind Building, 18 Shing Yip Street, Kwun
Tong, Kowloon, HK.
-
Application
means the software program
provided by the Company downloaded by You on any electronic device, named JobTotal/JobTotalEmployer.
-
Service
means any
website, job portal or mobile application owned and operated by the
Company and is affiliates/subsidiaries or its service providers.
-
Advertiser
means user who places a job
advertisement or promotes any job related activities in Our Service.
Acceptable
Service Uses
a. Specific Uses – Job Seeker
Job Seeker agrees that he/she shall only
use the Service for lawful purposes and seeking employment.
Job Seeker agrees to keep his/her login
name and password with care and not to disclose them to any other person. Job Seeker is solely responsible for
maintaining the confidentiality, safekeeping and security of such login name
and password and shall notify Us immediately of any unauthorized use of the
same.
Job Seeker confirms and acknowledges that
he/she discloses his/her personal data and all other information to the
Advertisers and/or the Company of his/her own volition when he/she applies for
available job vacancies posted on or through the Service, and/or when Job
Seeker uses the Service for purposes of submitting, uploading or posting
his/her resume on the Service. By
submitting, uploading or posting his/her resume on the Service, Job Seeker
authorizes the Company to store his/her resume and information or data related
thereto in the database of Us (‘Database’).
Job Seeker may send his/her resume and the related information or data
directly to any Advertiser who advertises on or through the Service. Alternatively, Job Seeker may send his/her
resume and the related information or data to the Company through the Service
in reply to any job advertisement. In
such event, Job Seeker’s resume and the related information or data will remain
active and be stored in Database at his/her own risk unless and until he/she
chooses to delete them. Job Seeker
acknowledges and agrees that his/her resume and the related information or data
may be accessed by the Advertisers who have subscribed to the Service for the
sole purpose of recruiting and assessing the suitability of Job Seekers. We also reserves the right to reject,
disapprove or edit any part of the Job Seeker’s resume and the related
information or data as it sees appropriate and to erase any personal data which
We reasonably believes that such data are inaccurate, false, illegal, unlawful,
infringe copyright/trademark/trade name/trade secret or infringe any other
intellectual property rights or invade the privacy of the other having regard
to the purpose (including any directly related purpose) for which the data are
or are to be used.
Job Seeker acknowledges and agrees to the
Company’s practice of charging Advertiser a fee for access to the Service, the
Database and/or Job Seekers’ resumes, details and the related information or
data for the sole purpose of recruiting and assessing the suitability of Job
Seekers and subject to the terms herein.
Job Seeker also recognizes that he/she shall have no claims to any such
fee received by the Company.
We will not release Job Seeker’s personal
data to any Advertiser without his/her permission unless required by any
authorized institution or obliged under the prevailing laws and
regulations. Job Seeker acknowledges and
agrees that the Company will, if he/she so authorizes, release his/her resume
(without his/her personal and contact information and name of his/her current
employer) to Advertiser through the use of the Company’s search engine or any
other means for the sole purpose of enabling Advertiser to recruit and assess the
suitability of Job Seekers in relation to any job vacancy. Job Seeker agrees that the Company and its
associated companies may use his/her personal data (without his/her name,
address and other personal identifiable information for marketing purposes which
may be directed to either potential Advertisers, their respective agents or
anyone under their employ.
Although We shall use its reasonable
endeavors to restrict access to the Database only to the Advertisers and
personnel of Us, it does not guarantee that other parties will not, without Our
consent, gain access to the Database.
Job Seeker may disable searching or viewing of his/her resume by the
Advertisers at any time. However, Job
Seeker acknowledges that the Advertisers and other parties who have otherwise
gained access to the Database may have retained a copy of Job Seeker’s
resume. We are not responsible for the
retention, use or privacy of resumes in these instances, or for the use or
privacy of resumes by any of such parties while the resumes are in the
Database. We will not be responsible or
held liable in any way if any Advertiser or other user, in breach of the Terms
and Conditions, whether in Hong Kong or materials for any purpose other than
for recruiting potential employees. Job
Seeker accepts that all personal data, information or materials given to
Advertiser or other users, or submitted on or through the Service, are given
entirely at his/her own risk.
b. Specific
Uses – Advertiser
Advertiser agrees that it shall only use
the Service for lawful purposes and promoting any job related activities. If Advertiser has elected to Our products (“
JobTotal
Products
”), these Terms and Conditions are to be read in conjunction with JobTotal
Products’ specifications, which will be provided on request.
Upon payment of the service fee to US
or upon acceptance of any free trial promotion offer, Advertiser will be
entitled to use the Service to advertise job vacancies and/or to create its own
web page on the Service for a predetermined period following agreement of the
predetermined service, save and except for free trial promotion offer. Subject to the conditions or requirements from
time to time stipulated by Us regarding the access to Job Seeker’s information
or data, Advertiser will be entitled to access the Database but agrees that all
information or data obtained as a result of such access shall only be used for
the sole purpose of recruiting and assessing the suitability of Job Seekers and
that such information or data shall not be disclosed to any other parties
without the prior consent of the Job Seeker concerned. Advertiser acknowledges and agrees that it
shall disregard any information or data received from Job Seeker which is
irrelevant to recruiting and assessing the suitability of Job Seekers.
Advertiser have to
guarantee that the person(s) recruited for the post is/are direct
employee(s) of you / your company and would come under the protection
of the
Employment Ordinance
, as well as that all activities
carried out by you / your company are lawful.
Advertiser should pay the employee(s), to whom the
Minimum Wage Ordinance
applies, hired
to fill this post wages no less than the Statutory Minimum Wage (SMW) rate as
specified in the Ordinance. Under
the
Employees’ Compensation Ordinance
, all
employers are required to take out employees' compensation insurance to cover
their liabilities both under the Ordinance and at common law for work injuries
sustained by their employees.
Advertiser agrees
that the terms of employment, entry requirements and job descriptions of the
post must NOT violate the
Sex Discrimination Ordinance
,
the
Disability Discrimination Ordinance
,
the
Family Status Discrimination Ordinance
and
the
Race Discrimination Ordinance
. Advertiser should consider the genuine job
requirements of the post and follow the relevant codes of practice against
discrimination in employment. Please do not specify any requirements on
the gender, age or race of the job seekers or any other discriminatory terms. Otherwise, We will not accept or display your
vacancy order concerned.
Advertiser must not
solicit money or other advantages in any form or under any title, no matter for
reasons of provision of services or training, selling of goods, referral of
service, guarantee deposit and so on from Job Seeker(s). We will not
process or display any vacancy orders which involve pre-employment or unpaid
training. To facilitate the
implementation of
Race Discrimination Ordinance
, please
complete the vacancy order in both Chinese and English as far as
possible. Advertiser submit no more than
30 vacancy orders in a calendar month.
Each vacancy order will remain valid for 1 month.
Advertiser shall be
solely responsible for the contents of and materials contained in its
advertisement and/or web page posted on the Service. We reserve the right to remove or edit, or
require the removal or amendment of, any advertisement or web page as it sees
appropriate, or to terminate or suspend the Advertiser’s access and use of the
Service and/or services offered on or through the Service, in accordance with
the agreement for such services between Advertiser and the Company.
We shall have the
right to terminate any services offered to any Advertiser and to remove any
advertisement and/or web page posted on the Service at the Company’s sole
discretion, without any compensation or recourse to Advertiser in the event
that the relevant Advertiser or the contents of the relevant advertisement
and/or web page is or are in breach of any of the provisions herein or any of
the provisions in the
TERMS AND CONDITIONS
or any JobTotal
Products’ specifications; whereas, in the event that We decides to remove an
advertisement or web page for any reasons not relating to any breach of the
provisions herein or any of the provisions in the
TERMS AND CONDITIONS
or any JobTotal
Products’ specifications, We may after deducting the fees charged for the
period that the advertisement or web page has been posted on the Service,
refund the remaining fees (if any) to the relevant Advertiser.
From time to time We
may invest in marketing campaigns to promote your employer brand (including but
not limited to Google ads and Facebook ads) and acknowledge that such promotion
may be outside the domain of the Company or its subsidiaries/affiliates.
We also reserve the
right to change the service fee or institute new charges or fees, from time to
time, as it deems appropriate. In the
event that any Advertiser fails to pay the service fee or any other fees or
charges due to the Company, We reserve the right to suspend or terminate the
Advertiser’s web page and/or advertisement and/or right to access the Database,
without prejudice to all other rights and remedies available to the Company.
c. Prohibited
Uses – Users
Users agree(s) that:
-
Job Seeker shall not post any
non-resume related information or data and/or incomplete, false or
inaccurate resume related information or data on the Service.
-
Job Seeker shall not respond to
any job vacancy advertisement for any reason other than to apply for the
job advertised, and Advertiser shall not respond to any Job Seeker other
than in connection with his/her application for a job. Any communications or use of the Service
for any purposes other than recruitment purposes, including but not
limited to soliciting of donations or business for any reason, are
strictly prohibited.
-
All users shall not use the Service
in any manner that infringes the intellectual property rights or
proprietary rights of others.
-
All users shall not print,
download, duplicate, transmit or otherwise copy, reproduce, re-distribute,
republish or use any personally identifiable information about other users
save and except that the Advertisers may use the Database and/or Job
Seekers’ resumes and the related information or data accessed by the
Advertiser pursuant to Clause 1.b. as above. All unsolicited communications of any
type to users are strictly prohibited.
-
All users shall not delete, revise
or remove any material posted by any other person or entity.
-
All users are prohibited from
violating or attempting to violate the security of the Service including,
without limitation, accessing data not intended for them or logging into a
server or account which they are not authorized to access, attempting to
probe, scan or test the vulnerability of a system or network or attempting
to breach security or authentication measures without proper
authorization, attempting to interfere with service to any user, host or
network or sending unsolicited e-mail, including promotions and/or
advertisements for products or services. Violations of system or network
security may result in civil and/or criminal liabilities.
-
All users shall not upload, post,
publish, transmit, distribute, circulate or store any material in
whatsoever way relating to the Service (i) in violation of any applicable
laws or regulations; (ii) in any manner that may infringe the copyright,
trademark, trade secrets or other intellectual property rights or
proprietary rights of others or violate the privacy or publicity or other
personal rights of others; (iii) that is harmful, defamatory, libelous,
obscene, discriminatory, harassing, threatening, abusive, hateful, racist,
blasphemous, false, illegal, improper or is otherwise offensive or
objectionable; (iv) in the manner that causes unrest in politics,
religion, national security or stability of Us; or (v) that contains
viruses, trojan horses, worms, corrupted files or other materials that may
interrupt, damage or limit the functionality and operation of the Service
or of any computer software or hardware or telecommunication equipment.
-
All users are prohibited in using
screen scraping, data mining, robots or similar data gathering and
extraction tools on the Service for establishing, maintaining, advancing
or reproducing information contained on our Service on your own website or
in any other publication, except with our prior written consent.
Intellectual Property Rights
All contents of the Service, including
without limitation information, text, graphics, images, layout, designs,
pictures, logos, editorial content, HTML and other proprietary materials on the
Site (collectively “Contents”) are the intellectual property of the
Company or its licensors and are protected by copyright, trademark, patent and
other intellectual property laws. Users
acknowledge and agree that the Contents are made available solely for their
personal non-commercial use. Except as
otherwise provided in this paragraph, users shall not, and shall not procure,
assist or facilitate any third party to, copy, reproduce, transmit, publish,
disseminate, distribute, redistribute, broadcast, circulate, store (in any
medium), display, modify, sell or transfer or participate in the sale or
transfer of or offer for sale of, create derivative works from, or in any way
exploit any of the Contents, whether in whole or in part. Users may download or copy the Contents solely
for their personal non-commercial use and/or users that are expressly permitted
in these Terms and Conditions, provided that users will not delete or amend any
symbols or statements in the Contents that indicate the subsistence therein of
copyright, trademark and any other proprietary rights. Users do not have any right, title or interest
in or to any or any part of the Contents as a result of such downloading or
copying. We reserve all its rights of
enforcement of all its intellectual property rights or proprietary rights in
the Contents, including without limitation against any use of any of the
Contents that is not expressly permitted under the Terms and Conditions. For the avoidance of doubt, any purported
consent of any third parties (including Advertisers) to the use of the Contents
or any part thereof shall not in any way exonerate the users from the
restrictions/prohibitions imposed hereunder in whatsoever manner.
Responsibility
We reserve the right to monitor the Service
and its contents at any time, but is not obliged to do so. We take no responsibility whatsoever for any
material on the Service that is not posted by Us or is otherwise posted by Us
on behalf of a user. All users
acknowledge and agree that they are fully responsible for the form, content and
accuracy of any resume, information, data, advertisement, web page and/or
material submitted by them to Us or that is otherwise posted by them on or
through the Service. We do not warrant
that any resume, information, data, advertisement or web page will be viewed by
any specific number of users or that it will be viewed by any specific user or
result in successful recruitment of personnel. We shall not in any way be considered an agent
of either Advertiser or Job Seeker with respect to any use of the Service. We shall not be responsible in any way for any
decision, for whatever reason, made by any party seeking or posting jobs on the
Service, or of any party responding to or posting advertisements on the Service. WHILST WE ENDEAVORED TO PROVIDE A QUALITY
SERVICE TO ADVERTISERS AND JOB SEEKERS, IT DOES NOT WARRANT THAT THE SERVICE
WILL OPERATE ERROR-FREE OR THAT THE SERVICE AND ITS SERVER ARE FREE OF VIRUSES
OR OTHER HARMFUL MECHANISMS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE
OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF USE OF THE
SERVICE OR ITS CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, BY ANY USER, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS AND ANY LOSS
OR DAMAGE OF WHATEVER NATURE. THE SERVICE
AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY
KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
INCLUDING WITHOUT PREJUDICE TO THE FOREGOING, ANY WARRANTIES IN RESPECT OF
MERCHANTABILITY, AVAILABILITY OF FEATURED PRODUCTS OR SERVICES,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR OTHER QUALITIES OF
THE SERVICE AND THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS
CONTAINED THEREIN. USERS SHOULD INDEPENDENTLY ASSESS AND VERIFY THE ACCURACY,
COMPLETENESS AND RELIABILITY OF THE INFORMATION ON THE SERVICE AND TO SEEK
PROFESSIONAL ADVICE WHERE NECESSARY.
Own Risk
All USERS
USE THE SERVICE AND ANY OTHER WEBSITES ACCESSED THROUGH IT, ENTIRELY AT THEIR
OWN RISK. All users shall be responsible for their own
communications and are responsible for the consequences of their activities on
the Service. We do not represent or
guarantee the truthfulness, accuracy or reliability of any of the
communications posted by other users or endorse any opinions expressed by
users. Any reliance by users on any
material posted by other users shall be at their own risk. We reserve the right to expel any users and
prevent their further access to the Service at any time for breaching the Terms
and Conditions or violating the laws and regulations and also reserves the right
to remove any material which is abusive, illegal, disruptive or inappropriate
at the Company’s sole discretion without notice and/or consent whatsoever.
Links to Other Websites
The Service may contain links to
third-party websites. These are provided
solely as a convenience to users and as Internet navigation tools, and not in
any way as an endorsement by the Company of the contents on such third-party
websites. Unless otherwise stated on the
Service, We have no control over or rights in such third-party websites and is
not responsible for their availability or security. If users access any linked third-party
websites, they do so entirely at their own risk. We shall not be responsible for the contents
of any third-party websites linked to the Service or any links contained in
such third-party websites or any changes or updates thereto, and does not make
any representations or warranties regarding the contents or accuracy of
materials on such third-party websites. We shall not be responsible or liable for any
loss or damage of any kind arising from or in connection with the use of the
services or contents of such third-party websites. Further, any data or material posted on the Service
by any user may be viewed by users of other websites linked to the Service and We
shall not be responsible for any improper use by any user or third-party other
than the Company of any data or materials posted on the Service.
Indemnity
All users agree to indemnify, and hold harmless the Company and its associated companies, officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or relating to their use of the Service or its contents or their breach of the Terms and Conditions, to the fullest extent permitted by applicable law. This indemnification shall be in addition to all other obligations of users under the Terms and Conditions, and shall not prejudice any other rights or remedies available at law to Us.
Disclaimer
TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS ASSOCIATED COMPANIES,
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR
DAMAGE OF ANY KIND SUFFERED BY ANY USERS WHATSOEVER DIRECTLY OR INDIRECTLY
ARISING FROM OR RELATING TO THEIR USE OF OR INABILITY TO USE THE SERVICE AND
ITS CONTENTS, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN SUCH
CONTENTS, OR ANY DELETION, INCORRECT OR DELAYED TRANSMISSION OR LOSS OF ANY
CONTENTS OR MATERIALS UPLOADED OR TRANSMITTED THROUGH THE SERVICE.
Dealing with Advertisers
User’s communication or business dealings
with, or participation in promotions organized by, advertisers found on or
through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between user and such advertiser. We shall not be responsible or liable for any
loss or damage of any type or nature incurred as a result of any such dealings
or as a result of the presence of the advertisers on the Service or as a result
of the accuracy or truthfulness of any information or data posted by the
advertisers.
Dealing
with Other Users
Notwithstanding We uses the best endeavors
to provide impartial job seeking and recruitment services, and represents a
media supporting information exchanged between Advertisers and Job Seekers, We
will not be involved in dealings or disputes between Job Seeker and Advertiser
and We shall not be responsible or held liable for the quality, security and
legitimacy of the recruitment service. We do not warrant or guarantee the accuracy of
the information and/or the resume provided by Job Seeker or of the recruitment
advertisements provided by Advertiser. We do not guarantee that Advertiser will be
able to pay the relevant remuneration or that Job Seeker will be competent to
take the job offered by the Advertiser. Should any dispute arise between Advertiser
and Job Seeker, Advertiser and Job Seeker should resolve such disputes between
themselves and We shall not be responsible and held liable for any disputes
thereof.
Limitation of Liability
Without prejudice to the above and
subject to the applicable laws, the aggregate liability of the Company to any
user for all claims arising from or relating to his/her use of Our Service and the Service shall be limited to
the fees received by the Company in respect of the services giving rise to such
claims.
Termination
In the event that any information provided
by the user is inaccurate, in breach of any laws or contains indecent elements,
We shall instantly abrogate the user’s account and membership without notice
and reserves the right to take such action as it considers appropriate,
desirable or necessary including but not limited to taking legal actions
against such user. We reserve the right
at any time to immediately terminate or suspend any user’s account or access to
the Service without notice, where the Company is of the opinion that the user
has breached any of the Terms and Conditions or violated any law or regulation,
and to take further action as the Company in its sole discretion considers
appropriate, desirable or necessary, including removing any material which it
deems abusive, illegal, disruptive or inappropriate. We shall have the sole and absolute discretion
to decide whether the user, Job Seeker or Advertiser has breached any of the
Terms and Conditions, and such decision shall be final. In case We have not exercised the right under
this Clause, it shall not be deemed to be a waiver.
Modification to Access or Site
We reserve the right at any
time and from time to time to modify, change, suspend, discontinue or restrict:
(a) users’ access to, either temporarily or permanently, the Service (or any
part thereof); or (b) the whole or any portion of this Service (and the
services provided therein), with or without notice. We shall not be liable to users or to any
third party for any such modification, change, suspension, discontinuation or
restriction.
Security
Measures
We will use the reasonable
endeavors to ensure that its officers, directors, employees, agents and/or
contractors exercise their prudence and due diligence in handling the personal
data submitted by Job Seeker and that access to and processing of the personal
data by such persons is on a “need-to-know” and “need-to-use” basis. We will use its reasonable endeavors to
protect Job Seekers’ personal data against any unauthorized or accidental
access, processing or erasure of the personal data.
Governing
Law and Jurisdiction
The Terms
and Conditions and any dispute or matter arising from or incidental to the use
of the Service shall be governed by and construed in accordance with the laws
of the Hong Kong Special Administrative Region of the People’s Republic of
China (“Hong Kong”).
Any dispute, controversy or claim arising out of or relating to the Terms and
Conditions including the validity, invalidity, breach or termination thereof,
shall be settled by arbitration in accordance with the UNCITRAL Arbitration
Rules as at present in force and as may be amended by the rest of this Clause:
a.
The appointing authority
shall be Hong Kong International Arbitration Centre (‘HKIAC’)
b.
The place of arbitration
shall be in Hong Kong at HKIA
c.
There shall be only one
arbitrator
d.
The language to be used in the arbitral proceedings shall be English
In the event of any breach of the Terms
and Conditions by a party, the other party shall be entitled to remedies in law
and equity as determined by arbitration.
Force Majeure
Without prejudice to the provisions of
these Terms and Conditions limiting or disclaiming liability, We are not liable
for any delay or failure in performance resulting directly or indirectly from
causes beyond its reasonable control, including, without limitation, failure of
the internet, power failure, failure of computer, telecommunication or other
equipment, strikes, labor disputes, riots, insurrections, civil disturbances,
shortage of labor or materials, fires, floods, storms, explosions, act of God,
war, governmental actions, orders of domestic or foreign courts and
non-performance of third parties.
Entire Agreement
The Terms and Conditions
shall constitute the entire agreement between user and the Company relating to
his/her/its use of the Service, and shall replace and supersede all other
communications (be it written or oral), discussions, letters and contracts
relating to the subject matters hereof.
Severability
The provisions of the Terms
and Conditions shall be enforceable independently of each other and the
validity of each provision shall not be affected if any of the others is
invalid. In the event that any provision
or any part of a provision of the Terms and Conditions is determined to be or
becomes illegal, invalid or unenforceable, the validity and enforceability of
the remaining provisions or remaining part of the provision of the Terms and Conditions
shall not be affected and, in lieu of such illegal, invalid, or unenforceable
provision or part of a provision, there shall be added as part of the Terms and
Conditions one or more provisions as similar in terms as may be legal, valid
and enforceable under the applicable.
Data Protection Clause
We have taken every reasonable steps to
complied and will continue to comply with its obligations as a data processor
arising from the data protection and privacy laws in force from time to time to
the extent that those obligations are relevant to this Agreement. Further, we have taken steps to implement and
shall maintain an information security program including reasonable
administrative, technical and physical measures designed to secure and protect
the confidentiality, integrity and availability of all Confidential Information
while in such party’s possession against unauthorized, unlawful or accidental
access, disclosure, transfer, destruction, loss or alteration. The term Confidential Information will not,
however, include any information that identifies or directly relates to natural
persons (“Personal Data”). Each party
will exercise commercially reasonable efforts not to disclose any Personal Data
to the other party and to restrict the other party’s access to its Personal
Data, but if a party is given access to the other party’s Personal Data, the
receiving party will protect such Personal Data using a reasonable standard of
care.
Variation of Terms
a. We
may vary these Terms at any time. If We
varies these Terms, it will provide notice by publishing the varied Terms on
the Service.
b. You
accept that by doing this, We have provided You with sufficient notice of the
variation to its Terms.