JobMarket 求職廣場

The following terms and conditions should be carefully read before using this website www.jobmarket.com.hk ("Website"). The Website is provided by and is the sole property of Job Market Publishing Limited, its parents, subsidiaries and/or affiliates (hereinafter collectively referred to as the "Company") which provides various services through the Website to you (“Service”). Access to and use of the content on the Website are subject to the following terms and conditions. You agree that the use of the Service constitutes your continuous acceptance of these terms and conditions as may be amended from time to time. The terms "you" and "user(s)" (including but not limited to Job seeker(s) (as defined in paragraph 2.8.1) and Employers (as defined in paragraph 2.8.6)) herein refer to all individuals and/or entities accessing and/or using the Service at any time for any reason or purpose.

Complete Terms and Conditions

These Terms and Conditions and JobMarket Online's Privacy Statement which is hereby incorporated as if set forth fully herein, represent the complete agreement between the parties concerning its subject matter.

Service Covenants

2.1

The user agrees to use the Service only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Service by any other party. Such restriction or inhibition includes, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Service.

2.2

The user shall not use the Service to infringe the intellectual property rights of others.

2.3

The user shall not transmit, publish, upload, post, circulate or store any material which is unlawful, harmful, threatening, harassing, tortuous, defamatory, obscene, libelous or is otherwise offensive or objectionable.

2.4

The user shall not transmit, publish, upload, post, circulate or store any materials that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, or other materials protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;

2.5

The user shall not interfere with or disrupt networks connected to the Service or violate the regulations, polices or procedures of such networks;

2.6

The user shall not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;

2.7

The user shall not interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services;

2.8

Specific Uses - Job Seekers

2.8.1	User(s) seeking employment on the Service ("Job seeker(s)") agree to keep the Login name and password with care and not to disclose them to any other person. Job seeker is solely responsible for maintaining the confidentiality of and for any (authorized or unauthorized) use of the Login name and password. The Job seeker agrees to notify the Company immediately of any unauthorized use of the same.

2.8.2	Job seeker shall not post any incomplete, false or inaccurate resume information to the Service or the Company.

2.8.3	All information submitted by the Job seeker to the Service must be legal, decent, non-discriminatory and truthful. The Job seeker is solely responsible for the contents and material which he / she has submitted to the Service or the Company.

2.8.4	The Company reserves the right to edit any Job seeker's resume as it sees fit.

2.8.5	Job seeker shall not respond to any employment opportunity for any reason other than to apply for the job advertised.

2.8.6	The resume and personal data submitted by the Job seeker is intended for purpose of providing relevant information to users who use the Service to advertise job vacancies ("Employers").

2.8.7	The personal data submitted by the Job seeker will be used for the purpose of assisting the Job seeker to seek for appropriate employment with the Employers and recruiter members of the Service or the Company. Job seeker do disclose his / her personal data to the Employers and/or recruiter member of the Service and the Company when he / she apply for job vacancies or enable his / her personal resume to be stored in the resume database of the Company, all of these are with the acknowledgement of the Job seeker.

2.8.8	Any information submitted by the Job seeker to the Service or the Company shall be subject to the Privacy Policy Statement of the Company.

2.8.9	Job seeker accepts that the personal data or information given to the Employers is given entirely at his / her own risk. The Company will not be responsible or liable in any case if any Employer shall use the Job seeker's personal data for any other use other than for seeking employees.

2.8.10	Job seeker may send their resume directly to any Employer who advertises on or through the Service. Alternatively, the Job seeker may send his / her resume to the Company through the Service in reply to any job advertisement. In such event and subject to the legal requirement, the Job seeker's resume will be retained on the Service for a predetermined period notwithstanding the deactivation of the service herein and, unless the Job seeker requests to erase or delete it, it will thereafter be stored in the Company's database at the Job seeker's own risk.

2.8.11	If the Job seeker joins the Job Referral of Candidate Match function and consents to disclose his/her resume to potential employers, then all Employers and recruiters who place their advertisement with the Company or who subscribe the service of the Company will have access to his/her resume. The Company will not disclose the information of the Job seeker to those employers and recruiters whose identities cannot be identified unless prior consent has been obtained from Job seeker.

2.8.12	Although the Company shall use its best endeavors to grant access to the database only to the Employers, hiring managers, headhunters, human resource professionals and internal authorized personnel of the Company, the Company does not warrant or guarantee that other parties will not, without the Company's consent, gain access to the database. Any Job seeker may disable viewing of his/her own resume by the Employers at any time. However, the Job seeker acknowledges that the Employers, and other parties who have otherwise gained access to the database, may have retained a copy of Job seeker's resume in their own files or database. The Company is 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.

2.8.13	Job seeker acknowledges and agrees to the Company's practice of charging Employers a fee for access to the Service and the Company's database and to the Job seeker's resume and details. The Job seeker also recognizes that he / she has no claims to any such fees received by the Service or the Company.

2.9

Specific Uses - Employers

2.9.1	Upon payment of the service fee to the Company and/or upon other terms and conditions (if any) from time to time prescribed by the Company, the Employer will be entitled to use the Service to advertise job vacancies for a specific period. Employer will be solely responsible for the contents and materials contained in his / her advertisement(s). The Company reserves the right to edit any advertisement as it sees fit.

2.9.2	Subject to the conditions or requirements as from time to time stipulated by the Company regarding the access of the Job seekers' information, the Employer is entitled to access the Job seekers' database maintained by the Company but agrees that all information will only be used for the purpose of seeking potential employees and such information shall not be disclosed to any other parties without the prior consent of the Job seeker concerned.

2.9.3	The Company reserves the right to change the Service Fee or institute new charges or fees, as it deems appropriate. In the event that any Employer should fail 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 advertisement and / or accessing right to the Job seekers' database, without prejudice to all other rights and remedies.

Monitoring

The Service and the Company does not actively monitor the content posted, transmitted or sent by the users on or through this site or guarantee the accuracy, integrity or quality of such content. However, the Service and the Company will consider complaints concerning inappropriate content on this site and it reserves the right to remove, without warning, any materials from this site or any link to any site which is considered, at the sole discretion of the Service and the Company, inappropriate. This includes, but not limited to, offensive, racial, discriminating, pornographic, obscene, indecent, commercial or advertising material, information or instructions concerning illegal activities, material infringing or encouraging infringement of intellectual property rights, and links or any kind of access to content of the same. Under no circumstances will the Service and the Company be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed or otherwise transmitted via the Service.

Links to Third Party Sites

The Service may provide links to other sites or resources ("Linked Site(s)"). Unless otherwise stated on this site, the Service has no control over or rights in the Linked Sites and is not responsible for their availability. The Service is not responsible for the content of any Linked Site or any links contained in a Linked Site, or any changes or updates to such sites. The Service is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Service of the site or any association with their operators. You agree that the Service and / or the Company shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of the Linked Site.

Warranties and Liability

5.1	The Service and the information provided therein are provided on an "AS IS" basis without warranties of any kind, express or implied, to the fullest extent permitted by law.

5.2	The Company, its parents, its subsidiaries and its affiliates disclaim all warranties, whether express or implied, including any warranties of merchantability, availability of featured products or services, fitness for particular purpose and non-infringement.

5.3	The Company, its parents, its subsidiaries and its affiliates make no warranties about the accuracy, reliability, completeness or timeliness of the materials, contents or information on the Service.

5.4	The Company, its parents, its subsidiaries, its affiliates and its information providers or suppliers assume no liability or responsibility for any errors or omissions in the contents of the Service or for the deletion, mis-delivery or failure to store any user communications or personalization settings.

5.5	The Company, its parents, its subsidiaries and its affiliates do not warrant that the Service is or will be at any time error-free, that the Service and its server is or will be at any time free of computer 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 your use of the Service, the merchandise or the materials results in the need for servicing or replacing equipment or data, the Company, its parents, its subsidiaries and its affiliates are not responsible for those costs.

5.6	All users use the Service and any other web sites accessed through it, at entirely their own risk. All users are responsible for their own communications and are responsible for the consequences of their posting. The Company, its parents, its subsidiaries and its affiliates 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 materials posted by other users will be at their own risk. The Company reserves the right to expel any user and prevent their further access to the Service, at any time for breaching this Agreement or violating the law and also reserves the right to remove any message or material from the Service that, at its sole discretion, the Company deems unacceptable, abusive, illegal or disruptive.

5.7	In no event shall the Company, its parents, its subsidiaries and its affiliates or any third parties mentioned on the Service assume responsibility or be liable (to the extent permitted by law) for any damages or injury whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Service, the merchandise and the materials, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data of compatibility problems), theft, destruction or alteration of the Service, whether for breach of contract, tortuous behavior, negligence or, under any other cause of action resulting directly or indirectly from any use of the Service, or any uploading, downloading or publication of data, text, image or other material or information to or from the Service and whether or not the Company is advised of the possibility of such damages.

Indemnity

The user agrees to defend, indemnify, and holds harmless the Company, its parents, subsidiaries and/or affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including legal fees and litigation expenses on a full indemnity basis), relating to or arising from the use or misuse of the Service or any content of the Website by the user or any user of the user's account or any breach by the user of these Terms and Conditions.

Copyright and Intellectual Properties

All contents of the Service, including logo, web site design, text, graphics, sound, image and other media, unless otherwise indicated, are properties of the Company and are protected by copyright, trademarks, service marks, patents and other intellectual property rights law. User shall not modify, publish, transmit, redistribute, participate in the transfer or sale or offer for sale of, create derivative works of, or in any way exploit, any of such content, whether in whole or in part. User shall only download such part of the content as expressly permitted to be downloaded in this site for the use specified and for user's own use only. Reproduction, republication or distribution of the Service's content in any form is strictly prohibited without the prior written permission of the Company.

Dealing with Advertisers

Your correspondence or business dealings with, or participation in promotions of, 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 you and the advertiser. You agree that the Company is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of the advertisers on the Service.

Dealing with Other Users

9.1	Although the Company uses its best endeavors to provide impartial job seeking and recruitment service, and represents a media supporting information exchanged between the employers and employees, the Company will not involve in the dealings between the Job seeker and the Employer and the Company will not be responsible for the quality, security and legitimacy of the recruitment service.

9.2	The Company does not warrant or guarantee the accuracy of the information and/or the resume provided by the Job seeker and of the recruitment advertisements provided by the Employers.

9.3	The Company will not be responsible whether the Employers will be able to pay the relevant salary or the Job seeker will be competent to take the job.

9.4	Should any dispute arise between the Employers and the Job seekers, they should resolve on their own and the Company will not be responsible for any dispute.

10.

Termination

10.1	If any information provided by the user is inaccurate, in breach of laws or contain indecent elements, the Company will instantly abrogate the user's account without notice and the company reserves the right to take such action as the Company considers appropriate, desirable or necessary including but not limited to take legal actions against such user

10.2	The Company reserves the right at all times to immediately terminate or suspend user's account or user's access to the Service provided by the Company without notice where the Company of the opinion that the user has breached any of the terms contained in this agreement or to take further action as the Company considers appropriate, desirable or necessary.

10.3	The Company reserves the final right and absolute discretion to decide whether the user and/or the Job seekers and/or Employers have breached any terms of this agreement.

11.

Rights of Third Parties

Any person or entity who is not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce any terms of these Terms and Conditions.

12.

Modifications to Terms and Conditions

The Company reserves the right to change these Terms and Conditions or policies or rules regarding the use of the Service at any time and to notify user by posting an updated version of these Terms and Conditions on this site. Users are responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after any such posting of notice of modification shall be conclusively deemed acceptance of the revised terms of these Terms and Conditions. If any such revision is unacceptable to users, users shall terminate use of the Service immediately.

13.

Modification To Service

The Company reserves the right at any time and from time to time to modify or discontinue or restrict users' access to, either temporarily or permanently, the Service (or any part thereof) with or without notice. Users agree that the Company shall not be liable to users or to any third party for any modification, suspension or discontinuance of the Service. The Company further reserves the right to impose fees or charges for the Service or any part of the Service provided that users prior agreement to pay such fees or charges will first be obtained.

14.

Governing Law and Jurisdiction

This agreement and any dispute or matter arising from or incidental to users' use of the Service shall be governed by the laws of the Hong Kong Special Administrative Region and both users and the Company submit to the Jurisdiction of the courts of the Hong Kong Special Administrative Region.

15.

Severability

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then that provision (or portion thereof as is deemed void, unlawful or unenforceable) shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any other portion of such provision, or the remaining provisions.

Terms & Conditions