Terms and Conditions

This web site of Jobs DB Hong Kong Limited ("Company") and any other site of the Company accessed through this site (collectively "Web Site") and the services provided therein shall only be available to user seeking employment ("Jobseeker") or user seeking employees or advertisers and be subject to the Privacy Statement and the Terms and Conditions (which are set out below). If you do not accept either or both the Privacy Statement and the Terms and Conditions, please do not use the Web Site. Upon your acceptance of the Privacy Statement and the Terms and Conditions, the Terms and Conditions shall be binding upon you. The Company may revise the Privacy Statement and the Terms and Conditions at anytime without prior notice. You are advised to periodically review the Privacy Statement and the Terms and Conditions. Your access to the Web Site and the Company's services will be terminated upon your notice to the Company that any change is unacceptable; otherwise your continued use shall constitute your acceptance of all changes and they shall be binding upon you.

  1. Acceptable Web Site Uses

    1. Specific Uses - Jobseeker

      Jobseeker agrees that he/she shall only use the Web Site for lawful purposes and seeking employment. Jobseeker may send his/her resume directly to any Employer who advertises on or through the Web Site. Alternatively, Jobseeker may send his/her resume to the Company through the Web Site in reply to any job advertisement. In such event, Jobseeker's resume will also remain active on the Web Site and be stored in the Company's database at his/her own risk unless and until he/she chooses to delete it. Jobseeker acknowledges and agrees that his/her resume may be accessed by employer who has subscribed to the services of the Company for the sole purpose of obtaining and assessing the suitability of Jobseekers ("Employer"). The Company also reserves the right to edit any Jobseeker's resume as it sees appropriate to achieve the purpose stated herein and to erase any personal data which the Company reasonably believes that such data are inaccurate having regard to the purpose (including any directly related purpose) for which the data are or are to be used.

      Jobseeker acknowledges and agrees to the Company's practice of charging Employer a fee for access to the Web Site, database ("Database") and Jobseekers’ resumes and details ("Resumes") for the sole purpose of obtaining and assessing the suitability of Jobseekers and subject to the terms herein. Jobseeker also recognizes that he/she shall have no claims to any such fee received by the Company. The Company will not release Jobseeker's personal data to any Employer without his/her permission. Jobseeker also acknowledges and agrees that the Company will release his/her brief resume (without his/her name, address and other personal identifiable information) to Employer through the use of the Company's search engine or any other means for the sole purpose of obtaining and assessing the suitability of Jobseekers in relation to any job vacancy. However, Jobseeker 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 employers or Employers, their respective agents or anyone under their employ.

      The Company will not be responsible or held liable in any way if any Employer, in breach of the Terms and Conditions, whether in Hong Kong or elsewhere, use the Jobseeker's personal data for any use other than for obtaining potential employees. Jobseeker accepts that personal data given to Employer or other users are given entirely at his/her own risk. Also, the Company reserves the right to terminate any services to any Jobseeker should it become aware of any breach by any Employers and/or Jobseekers.

    2. Specific Uses - Employer

      Upon payment of the service fee to the Company or upon acceptance of any free trial promotion offer, Employer will be entitled to use the Web Site to advertise job vacancies and/or create their own web page on the Web Site for a predetermined period following agreement of the predetermined service, save and except for free trial promotional offer. Employer will also be entitled to access the Database but agrees that all information obtained shall only be used for the sole purpose of obtaining and assessing the suitability of Jobseekers. Employer acknowledges and agrees that it shall disregard any personal data received from Jobseeker which are irrelevant to obtaining and assessing the suitability of candidates. Employers shall be solely responsible for the contents and materials contained in its advertisement and/or web page.

      The Company reserves the right to edit any advertisement or web page as it sees appropriate to achieve the purpose stated herein. The Company shall have the right to terminate any services to any Employer and remove any advertisement posted on the Web Sites at the Company's sole discretion, without any compensation or recourse to the Advertiser in the event that the relevant Advertiser or the contents of the relevant advertisement is or are in breach of any of the provisions herein; whereas, in the event that the Company decides to remove an advertisement for any reasons not relating to any breach of the provisions herein, the Company may after deducting the fees charged for the period that the advertisement has been posted on the Web Site, refund the remaining fees (if any) to the Advertisers. The Company also reserves the right to change the service fee or institute new charges or fees, as it deems appropriate. In the event that any Employer fails to pay the service fee or any other fees or charges due to the Company, the Company reserves the right to suspend or terminate the Employer's web page or advertisement, without prejudice to all other rights and remedies.

    3. Prohibited Uses - Jobseekers and Employers

      Jobseeker and Employer agree not to use the Web Site for any of the following purposes which are expressly prohibited :-

      1. Jobseeker shall not post any non-resume related information and/or incomplete, false or inaccurate resume related information.

      2. Jobseeker shall not respond to any employment opportunity for any reason other than to apply for the job advertised and Employer shall not respond to any Jobseeker other than in connection with his/her application for a job. Communications soliciting business for any reason is prohibited.

      3. All users shall not print, download, duplicate or otherwise copy or use any personally identifiable information about other users save and except the Database or/and Resumes accessed by the Employer pursuant to Clause 1.a. as above. All unsolicited communications of any type to users is strictly prohibited.

      4. All users shall not delete or revise any material posted by any other person or entity.

      5. All users are prohibited from violating or attempting to violate the security of the Web Site including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorised 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 advertising of products or services. Violations of system or network security may result in civil and/or criminal liabilities.

      6. All users shall not use the Web Site for transmitting, distributing or storing material in violation of any applicable law or regulation, or in any manner that may infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or that is libelous, obscene, threatening, abusive or hateful.

  2. Copyright, Trademarks etc.

    The graphics, images, editorial content and HTML on the Web Site are the intellectual property of the Company and are protected by copyright and trademark laws and may not be downloaded or otherwise duplicated without the express written permission of the Company. Re-use of any of the foregoing is strictly prohibited and the Company reserves all rights.

  3. Responsibility

    The Company may not monitor its Web Site at all times but reserves the right to do so. The Company takes no responsibility whatsoever for any material input by any user or others and not posted by the Company. All users acknowledge and agree that they are fully responsible for the form, content and accuracy of any resume, advertisement, web page or material contained therein placed by them (as the case may be). The Company shall not be responsible for the content of any other web sites linked to the Web Site; links are provided as Internet navigation tools only. The Company does not warrant that any resume, advertisement or web page will be viewed by any specific number of users or that it will be viewed by any specific user. The Company shall not in any way be considered an agent of either Employer or Jobseeker with respect to any use of the Web Site. The Company shall not be responsible in any way for any decision, for whatever reason, made by any party seeking or posting jobs on the Web Site. WHILST THE COMPANY HAS ENDEAVOURED TO PROVIDE A QUALITY SERVICE TO EMPLOYERS AND JOBSEEKERS, IT DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE WEB SITE OR ITS CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BY ANY USER, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS AND ANY LOSS AND DAMAGE OF WHATSOEVER NATURE. THE WEB SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT PREJUDICE TO THE FOREGOING, ANY IN RESPECT OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS OF THE WEB SITE.

  4. Own Risk

    All USERS USE THE WEB SITE AND ANY OTHER WEB SITES ACCESSED THROUGH IT, AT ENTIRELY THEIR OWN RISK. ALL users shall be responsible for their own communications and are responsible for the consequences of their posting. The Company does 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 material posted by other users shall be at their own risk. The Company reserves the right to expel any users and prevent their further access to the Company's Web Sites, at any time for breaching this Agreement or violating the law and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate in the Company's sole discretion.

  5. Links to Other Sites

    The Web Site may contain links to third party web sites. These are provided solely as a convenience to you and not in any way as an endorsement by the Company of the contents on such third-party web sites. If users access any linked third party web sites, they do so entirely at their own risk. The Company shall not be responsible for the contents of any third party web sites linked to the Web Site and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party web sites. Further any material or details posted in the Web Site by any user may be viewed by users of other web sites linked to the Web Site and the Company shall not be responsible for any improper use by any user or third party from linked third party web sites of any data or materials posted on the Web Site.

  6. Indemnity

    All users agree to indemnify, and hold harmless the Company, its officers, directors, employees and agents from and against any claims, actions, demands, losses or damages arising from or resulting from their use of the Web Site or their breach of the terms of this Agreement. The Company shall provide prompt notice of any such claim, suit or proceeding to the relevant user.

  7. Disclaimer

    THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR ANY LOSSES OR DAMAGES SUFFERED BY ANY USERS WHATSOEVER DIRECTLY OR INDIRECTLY ARISING OR RESULTING FROM THEIR USE OR INABILITY TO USE THE WEB SITE AND ITS CONTENTS.

  8. Limitation of Liability

    Without prejudice to the above and subject to the applicable laws, the aggregate liability by the Company to any user for all claims arising from their use of the Company's services and the Web Site shall be limited to the amount of the existing package fee subscribed to and paid for by the user (if any) and operative at that time.

  9. Security Measures

    The Company will use its reasonable endeavours to ensure that its officers, directors, employees, agents and/or contractors will exercise their prudence and due diligence in handling the personal data submitted by Jobseekers and the access to and processing of the personal data by such persons is on a "need-to-know" and "need-to-use" basis. The Company will use its reasonable endeavours to protect the personal data against any unauthorized or accidental access, processing or erasure of the personal data.

  10. Governing Law and Jurisdiction

    This agreement and any dispute or matter arising from or incidental to your use of the Web Site 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") and both you and the Company submit to the exclusive jurisdiction of the courts of Hong Kong.

Copyright © 1998-2010, Jobs DB Inc. All Rights Reserved.
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