Employment Agency License No.: 64616
Last modified: March 29, 2021
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.