Terms of Use
The Terms of Use constitute the entire agreement between the Advertiser and JobStreet.com regarding the use of any JobStreet.com services and products including but not limited to the website, SiVA Recruitment Management System and MyJobStreet, superseding any prior agreements between the Advertiser and JobStreet.com relating to the use of such services and products.
By using any part of the services and products thereof, the Advertiser is bound by these Terms of Use.
The failure of JobStreet.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use is an Agreement. This agreement is governed by the laws of Singapore and the Advertisers hereby submit to the jurisdiction of the courts of Singapore.
1. Definitions
1.1) Company or JobStreet.com: Shall refer to JobStreet Corporation Berhad and / or any of its subsidiaries.
1.2) Advertiser: Shall refer to the registered company or party contracting for the advertisement of an employment position on JobStreet.com’s website and to the JobStreet.com registered user database.
1.3) Service: Shall include any service provided by the Company including, but not limited to:
- the provision of online recruitment advertising;
- the provision of online resume search access;
- matching of job specifications with our candidate profiles and advising them of the position availability through job alert emails;
- providing the Advertiser with access to our SiVA recruitment management system;
- providing the Advertiser with any other ancillary recruitment services including job banners, design and posting support services in accordance with the terms and conditions hereunder.
2. The Company shall:
2.1) Comply with all applicable laws and regulations with respect to the provision of the Service.
2.2) Make every effort to publish advertisements on the website within the reasonable business timeframe. For advertisements posted directly by the Advertiser, this will generally occur within one business day. JobStreet.com is not liable for any loss or damage incurred by the Advertiser as a result of any failure or delay in publishing an advertisement.
2.3) Make every effort to avoid errors in advertisements. However, JobStreet.com accepts no responsibility or liability for any errors and requires that the Advertiser check their advertisements for errors as soon as they are placed. Any errors may be edited within one business day from notice by the Advertiser.
2.4) Undertake its best efforts to make the Service available for access throughout the day. JobStreet.com shall not be liable for any interruption of Service although it may undertake remedial efforts to re-publish an advertisement when appropriate.
2.5) Undertake its best efforts to retain the job advertising of the Advertiser and resume of jobseekers related to the job advertising and/or resume search in the Advertiser’s SiVA account for a period of no less than three months from the date of the initial job posting. Subsequent to the three months, JobStreet.com reserves the rights and discretions to remove all such information and data at any time without notification and reasons.
3. The Advertiser shall:
3.1) At all times, it is the responsibility of the Advertiser to ensure they comply with all applicable laws and regulations.
3.2) Comply with all notices, instructions and communication given or sent by JobStreet.com with regards to the use of the Service.
3.3) Warrant that all advertisements of jobs made through JobStreet.com are for legitimate and genuine permanent or temporary employment positions for which the Advertiser has permission to recruit.
3.4) Shall not disclose confidential information obtained through the use of the Service to any third party.
3.5) Shall not use the information obtained as a result of the use of the Service for any purpose whatsoever other than for the purpose of employment.
3.6) Warrant that information obtained as a result of the use of the Service will not be used for solicitation to the applicant for purchase of products / services, compilation of database information for any unauthorized use or sale, disclosure to any third party, contact with the user for any purpose other than potential employment, or any other purpose which is not consistent with JobStreet.com's privacy policy and these terms of use.
3.7) Shall not use the Service to redirect user traffic and/or user resumes to the Advertiser's own website or any other third party website.
3.8) Provide and maintain accurate, complete and current data required to register the Advertiser with JobStreet.com.
3.9) Not infringe on the intellectual property rights of any person or company including JobStreet.com or download and copy information obtained through use of the Service with the intention to do so.
3.10) Not allow or transfer to any third party the right to access the Service under their account without the prior written approval of JobStreet.com.
3.11) Be solely responsible for maintaining the security of any user ID’s and / or passwords provided to them to access the Service.
3.12) Not use the system for any unlawful purpose including, but not limited to, the introduction or transmission of any data or program containing computer virus, computer worm, Trojan horse or other harmful or malicious codes.
3.13) Not send email, messages, information or communication of any type through the system that may contain malicious, immoral, derogatory or otherwise illegal materials.
3.14) Agree to defend, indemnify and hold harmless JobStreet.com from and against any claims, actions or demand, alleging or resulting from your use of the Service or your breach of the terms of use.
4. Payment of Fees
4.1) All amounts owed to JobStreet.com must be paid within the specified payment terms from the date of the invoice. JobStreet.com may charge interest on any late payment.
4.2) Prices for Services may vary at any time without notice. Advertisers shall not be entitled for any rebate or discount on previously agreed contracts / sales orders as a result of changes to the pricing.
4.3) Advertiser shall be liable for full payment of Service fees from the commencement of the contract / sales order. Payment must be made notwithstanding any errors or omissions in the advertisement.
4.4) All prices quoted are exclusive of any applicable taxes unless specifically noted otherwise.
5. Suspension
5.1) Without prejudice to any other rights, JobStreet.com reserves the right to suspend access to any and all aspects of its Service in the event of non-payment of fees in full in compliance with the stipulated payment terms.
5.2) Without prejudice to any other rights, JobStreet.com reserves the right to suspend access to any and all aspects of its Service without refund in the event of non-compliance by the Advertiser with these Terms of Use.
6. Disclaimers
6.1) JobStreet.com shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension or termination of the Service or for the contents, accuracy or quality of information available or transmitted through the Service.
6.2) JobStreet.com makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained through the Service. To the fullest extent permitted by law, JobStreet.com disclaims any representation or warranty, whether express or implied, as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of the Services and/or any database content (whether maintained by JobStreet.com or otherwise), and no warranty whatsoever is given that the Service will be uninterrupted or error free, or in relation to the database content obtained or to be obtained from or through use of JobStreet.com and/or the Services unless otherwise specifically mentioned in this agreement.
6.3) JobStreet.com shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the Advertiser's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed nor does it endorse any opinion expressed by any other Advertiser.
6.4) JobStreet.com does not warrant that its operation, process or any of its web sites will be free of any operational errors nor that it will be free of any computer virus, computer worm, Trojan horse or other harmful or malicious contents.
6.5) The Advertiser acknowledges that it is not JobStreet.com’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to/from a third party in or through the Service.
7. Aggregate Liability
7.1) In any circumstances or events where it is held that JobStreet.com is responsible for any lost profits, lost savings, damage, cost or expense of any kind whatsoever and howsoever caused whether arising under contract or tort, including negligence, or otherwise including without limitation loss of or corruption to data, loss of production, loss of contracts, loss of operation time, and loss of goodwill or anticipated savings or other special, direct or indirect, punitive, consequential or incidental damages arising out of or relating to this agreement or any product or service furnished or to be furnished under this agreement or the use thereof, JobStreet.com's total cumulative liability to the Advertiser or any other person or third party shall be limited to the amount of the price actually paid by the Advertiser.
8. Use of Data
The Advertiser hereby agrees and irrevocably authorises JobStreet.com to:
8.1) use any data and information supplied by the Advertiser for JobStreet.com's own internal and marketing purposes, to its supplying such data and information to any other associated companies or selected third parties to use for such purposes, and to its supplying such data and information to such third parties as may be necessary for the operation of JobStreet.com.
8.2) allow all data and information supplied by the Advertiser in using the Service to be retained at JobStreet.com for the use of JobStreet.com, notwithstanding the termination or suspension of the Service to the Advertiser herein.
9. Indemnity
9.1) The Advertiser shall indemnify and hold JobStreet.com harmless at all times against all actions, proceedings, costs, claims, expenses, demands, liabilities, losses and damages whatsoever including without limitation for defamation, infringement of intellectual property rights, death, bodily injury, property damage or pecuniary losses howsoever arising which JobStreet.com may sustain, incur, suffer or pay arising out of or in connection with the use of the Service by the Advertiser.
10. Termination
10.1) This Agreement and any other agreement of a similar nature may be terminated, at any time, by JobStreet.com by prior written notice to the Advertiser if it is found that the Advertiser uses this service in any way or manner that may affect, limit or compromise the interest or business of JobStreet.com. No refund, compensation or consideration will be awarded to the Advertiser in the occurrence of such event.
11. Privacy
11.1) JobStreet.com has a principal concern in the responsible use of information that users and advertisers share and disclose. JobStreet.com's commitment towards guaranteed confidentiality and privacy at all times is clearly articulated in our Privacy Policy. Advertisers who use JobStreet.com’s Service must comply to the same standard of protection of all information, as stated in the Privacy Policy.
12. Variation
12.1) JobStreet.com reserves the right to amend the terms and conditions contained herein at any time without notice to the Advertiser.
12.2) For the avoidance of doubt, the Advertiser's continued use of the Service following the amendments constitutes an affirmation and acknowledgement of the amended terms and conditions and also constitute an agreement by the Advertiser to abide and continue to be bound by the terms and conditions herein as amended or varied.
13. JobStreet.com Advertisement Policy (Last Revised: March 2009)
JobStreet.com's operations are guided by best practices and procedures to ensure that jobseekers are fully aware of all material information on positions posted on the JobStreet.com website. This is to enable jobseekers to make an informed choice about whether or not to apply. In line with these best practices, JobStreet.com has implemented the following guidelines:
13.1) JobStreet.com does not accept job advertisements that discriminate against race, religious belief, age, gender and marital status. There may be specific requirements base on legal compliances and guidelines on job advertising in each country. Advertisers should ensure that they follow such requirements when posting in the relevant country.
13.2) JobStreet.com does not encourage job advertisements that request applicants to pay deposits, placement fees, processing fees or any other fees similar in nature, directly or indirectly, and/or require jobseekers to make purchases from the Advertiser. Any Advertiser who posts such job advertisement must indicate the deposits, fees or payment requirement clearly in the advertisement.
13.3) JobStreet.com does not accept job advertisements that purportedly promote pyramid selling or similar schemes.
13.4) JobStreet.com does not accept job advertisements purporting to be home-based and/or internet-based where applicants are asked to provide bank account numbers and/or other personal identification numbers in order to receive payments (e.g. Work At Home jobs, Freelance Typists or job/business offers with similar operating mechanisms).
13.5) JobStreet.com does not accept job advertisements with dubious ethical credentials (e.g. social escorts, etc).
13.6) JobStreet.com does not accept job advertisements that are untrue or otherwise misleading (e.g. inappropriate use of job title, job descriptions or company description)
13.7) JobStreet.com does not accept job advertisements that advertise more than 1 job position and/or more than 1 job specialisation in each job posting.
13.8) Reposting of the same position is allowed only after 14 days to minimize resending to same users in a short time period and duplication of job ads on JobStreet's site.
The above-mentioned policy not withstanding, Jobstreet.com hereby disclaims any liability for any prejudice that may have caused the job seeker.
14. JobStreet.com Refund Policy
14.1) A compulsory Ad Preview feature is provided for all JobStreet.com Classifieds advertisements before payments are made, as such, request for refunds will not be entertained.
14.2) All information pertaining to JobStreet.com's paid Services for employers are freely available on the SiVA website. Advertisers may contact JobStreet.com's account managers before making a purchase for all required information. All Advertisers are fully advised to make their own informed decision before they purchase any of the Services. Refunds will be considered at the sole discretion of JobStreet.com, should an advertiser decide later to withdraw their purchase.
15. Rights and Discretion
15.1) JobStreet.com reserves the right and discretion to remove any or all advertisements without any reason, any prior notice and with no refund.
15.2) JobStreet.com has the right to make relevant enquiries of Advertisers to satisfy any issue raised by management or users of JobStreet.com to ensure that the job advertisements posted on the website are made in good faith and in compliance with the above policy, and deregister Advertisers who do not comply.
15.3) Determination of compliance with the Terms of Use is the sole right of JobStreet.com.
Sincerely,
The Management Team
JobStreet.com
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