Online Posting Terms and Conditions
Please read the following terms and conditions carefully before using the service. JobCity.com.hk is provided by and is the sole property of i-People Company Limited (“The Company”). Access to and use of the content on this website is subject to the following terms and conditions. By continuing to use JobCity.com.hk, you agree to abide by the terms and conditions of this agreement. The Company reserves the right to modify these terms and conditions at any time by posting the changes online. Such modification shall be effective immediately upon posting of the modified agreement. You are advised to visit this page periodically to review the terms and conditions. Your continued access or use of the service shall be deemed your conclusive acceptance of the modified agreement.
Web Site Use
All users (“Jobseekers and Employers”) agree to use the Web Site for lawful purposes, and in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of the Web Site by any third party. The Web Site may be used by Jobseeker seeking employment and employers seeking employees.
- For Jobseeker
The resumes submitted by the Jobseekers are intended for the purpose of providing relevant information to users or advertisers (“Employers”) in seeking employees. 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 be stored in the Company’s database at his/her own risk unless a formal written request from our users to delete it from our database. Jobseeker acknowledges and agrees that his/her resume may be viewed by employer for the purpose of assessing the suitability of Jobseekers.
The personal data submitted by the Jobseekers will be used for the purpose of assisting the Jobseekers to seek for appropriate employment with the Employers and/or recruiter members. Jobseekers do disclose their personal data to the Employers and/or recruiter member when they apply for job vacancies, all of these are with the acknowledgement of the Jobseekers. Jobseekers accept that the personal data or information given to the Employers is given entirely at their own risk. The Company will not be responsible or liable in any case if any Employer shall use the Jobseekers’ personal data for any use other than for seeking employees.
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.
The Company will not release Jobseeker's personal data to any Employer without his/her permission. 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.
- For Employer
Upon registration of the service, Employer will be entitled to use the Web Site to advertise job vacancies within a specific period determined by the Company.
Employer 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.
Specific Prohibited Uses
The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
- Jobseeker shall not post any non-resume related information and/or incomplete, false or inaccurate resume related information to the Web Site or the Company.
- 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.
- 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 as above. All unsolicited communications of any type to users is strictly prohibited.
- All users shall not delete or revise any material posted by any other person or entity.
- All users shall not purposefully or deliberately overload the system of the Web Site.
- All users shall not transmit any computer virus or any damaging programming to the Web Site and to its members.
- 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.
- All users shall not use the Web Site for transmitting, posting, uploading, 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, hateful, defamatory, indecent, pornographic or otherwise unlawful material.
Copyright
All information, graphics, texts, image content and designs on the web site are the properties of the Company and are protected by copyright and/or other intellectual property rights. Users are not permitted to copy, reproduce, download, transmit, disseminate, sell, distribute, publish, broadcast, circulate, store (in any medium), adapt or change in any way content of this web site for any other purpose whatsoever without prior written consent of the Company.
Monitoring
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. While the Company endeavours to ensure the accuracy of the information in this website, information provided in this website is for reference only. Under no circumstance 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
JobCity.com.hk may contain links to third-party web sites. These are provided solely as a convenience to the user and not as an endorsement by the Company of the contents on such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk
Indemnity
All users agree to defend, 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 Company’s 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.
Liability & Disclaimer of Warranty
The Web Site acts as a venue for Employers to post job opportunities and candidates to post resumes and does not screen or censor the listings offered. The Company is not involved in the actual transaction between Employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to candidates or the ability of candidates to fill job openings or any User Content and makes no representations about any jobs, resumes or User Content on the Web Site.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Web Site. Employers are solely responsible for their postings on the Web Site.
The Web Site and material are provided on an “AS IS” basis without any warranties of any kind. The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
The Company does not warrant that the Web Site will operate error-free or that the Web Site and its server are free of computer viruses or other harmful mechanisms. If your use of the Web Site or the material results in the need for servicing or replacing equipment or data, the company is not responsible for those costs.
The Company assumes no liability or responsibility for any errors or omissions in the contents of the Web Site or for the deletion, incorrect delivery or failure to store any user communications or personalization settings.
All users use the Company’s Web Site 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 does not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by other users or endorses 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 Company’s Web Site, at any time for breaching this agreement or violating the law and also reserves the right to remove any message or material from the Web Site that, in its sole discretion, the Company deems unacceptable, abusive, illegal or disruptive.
Limitation of Liability
The Company and their respective officers, directors, shareholders, employees, representatives, parents, subsidiaries, affiliates, agents, or licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to the service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the service (including without limitation as a result of breach of any warranty or other term of this agreement) even if such damages, claims, losses or injuries were foreseeable. Any claim against us shall be limited to the amount you paid, if any, for use of the service at that time.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web Site, 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 thee advertisers on the Web Site.
Modifications to Web Site
The Company reserves the right to add, delete, suspend and edit the material or alter the presentation and functionality of this website and from time to time to modify or discontinue or restrict your access to, either temporarily or permanently, the Services (or any part thereof) without giving any reason and prior notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Company reserves the right at any time to charge fees for access to portions of the Service or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges.
Termination
If any information provided by the user is inaccurate, in breach of laws or contains 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 taking legal action against such user.
The Company reserves the right at all times to immediately terminate or suspend user’s account or user’s access to the Web Site or the services provided by the Company without notice where the Company is of the opinion that the user has breached any of the terms and conditions contained in this agreement or to take further action as the Company considers appropriate, desirable or necessary.
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 and conditions of this agreement.
Governing Law and Jurisdiction
These terms and conditions 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 and both you and the Company agree to submit to the jurisdiction of the courts of Hong Kong.
Magazine Terms and Conditions
- All advertisements are placed and all orders are accepted subject to the terms and conditions as hereinafter set out provided that i-People Company Limited (‘Jobcity.com.hk’) expressly reserves its right to amend, vary, replace or cancel any of such terms and conditions without prior notice to the advertiser and the advertiser is deemed to have express knowledge of and be bound by such terms and conditions. No terms sought to be applied by the advertiser to any order for advertising shall be binding upon Jobcity.com.hk. Advertising orders for space will not be considered as contracts.
- Jobcity.com.hk reserves the right to reject, decline or refuse to publish in whole or in part or to amend any advertisement with or without notice to the advertiser where in its sole opinion it considers necessary or desirable, and Jobcity.com.hk shall not in any way be liable for any loss or damage arising as a result of such non-publication or amendment as foresaid (nor shall any refund of or deduction from the costs of the advertisement or any other compensation be granted by Jobcity.com.hk to the advertiser in the event of such non-publication or amendment.) Jobcity.com.hk accepts no liability whatsoever for any omission or inaccuracy or failure of color printing in any published advertisement whether or not a proof has been supplied and whether or not such omission or inaccuracy or failure is attributable to the neglect or default of Jobcity.com.hk, its employees, agents and contractors. Where the advertiser requires that its name and address or other information shall not be disclosed and Jobcity.com.hk shall have been so notified by the advertiser on placement of its order Jobcity.com.hk shall use reasonable endeavors to ensure the same but shall not be liable for any disclosure unless such disclosure is made with the express knowledge or authority of JobCity.com.hk.
- Jobcity.com.hk shall have the absolute right at any time to determine, adjust or vary the classification and rate of charges applicable to all advertisements placed. Published rates and charges are those set out on any order form or acknowledgement may be varied by Jobcity.com.hk at any time without notice prior to invoicing. Quotations given by Jobcity.com.hk shall not in any way be binding on Jobcity.com.hk.
- Acceptance of an advertisement for publication does not constitute a binding commitment or any representation or warranty on Jobcity.com.hk’s part to publish the same either at all or on any specified date or dates. Jobcity.com.hk shall not be liable for any loss, costs or expenses incurred by non-publication (including non-publication attributable to strikes, lock-outs, mechanical or production difficulties or any other cause beyond the control of Jobcity) or by publication of an advertisement cancelled in accordance with provisions of clause 7 hereof or publication on a date or in a position or manner materially different from that specified by the advertiser on placement of its order. Jobcity.com.hk liability shall in case of non-publication be limited to refund of the charge of the advertisement already paid and in all other cases as aforesaid Jobcity.com.hk shall have the option either to grant a refund of such proportion of the paid charge as shall in Jobcity.com.hk’s sole opinion be reasonable or in lieu of such refund and at Jobcity.com.hk’s absolute discretion to publish the advertisement as soon as reasonably practicable. In the case of color advertisements, publication shall be deemed correct unless more than 20% of copies circulated have incorrect color(s). The advertiser shall be obliged to furnish Jobcity.com.hk with reasonable evidence of this within 48 hours of publication.
- Jobcity.com.hk shall use reasonable endeavors to accept orders if they are received at the location and by the time specified by Jobcity.com.hk from time to time for that type of advertisement. All advertisement copy and artwork must be received by the latest receipt time specified by Jobcity.com.hk which may be varied by Jobcity.com.hk without notice and Jobcity.com.hk shall have the right to refuse to accept any orders or to decline or refuse to publish any orders if the advertisement copy and artwork of such orders shall not have been received by Jobcity.com.hk the latest receipt time as aforesaid nor shall Jobcity.com.hk be liable for any loss or damage arising as a result of non-publication hereunder.
- Advertisements of certain sizes and shapes only are normally accepted but advertisements of other sizes and shapes may be accepted subject to special terms.
- Cancellations will be accepted if notice in writing by the advertiser is received and acknowledged by Jobcity.com.hk at its head office situated at 6/F, Techno Centre, 33 On Kui Street, On Lok Tsuen, Fanling, Hong Kong before the time specified by Jobcity.com.hk from time to time as the order deadline in accordance with the provisions of Clause 5 hereof
- Artwork of advertising material must be fully pasted up and presented to Jobcity.com.hk as positive and not negative film. Large areas of solid black may be stripped or lined at Jobcity.com.hk’s absolute discretion.
- Late delivery of copy/artwork or non-compliance with cancellation procedures specified as aforesaid will result in forfeiture of the space booked and, in addition, Jobcity.com.hk shall have the express right to recover from the advertiser the full cost of the advertisement or other placed.
- It is responsibility of the advertiser to check the correctness of an advertisement before it is repeated. Errors in the advertisement must be brought to Jobcity.com.hk’s notice in writing on the day of publication and in any event no later than 2 working days before the next publication date. Otherwise, complaints will not be entertained.
- Jobcity.com.hk shall not accept any responsibility for damage to or loss of artwork or any other documents or material supplied for the purpose of an advertisement. Advertising material not claimed within one month of the publication date or proposed publication date will be disposed of without further notice.
- The advertiser and /or its advertising agent(s) shall indemnify and keep indemnified Jobcity.com.hk in respect of all loss, damage, costs and expenses including legal fees arising directly or indirectly from the publication of an advertisement on instructions from the advertiser and / or its advertising agent(s). In any case where a claim is or may be made or threatened against Jobcity.com.hk, Jobcity.com.hk will give notice in writing to the advertiser and will take reasonable steps to consult with the advertiser before any claim is settled, defended or otherwise determined provided that a failure to consult shall not affect the advertiser’s liability hereunder.
- The submission of an advertisement constitutes a warranty by any member of the staff of the advertiser to Jobcity.com.hk that it has all necessary authorities and permissions for the insertion thereof and that the advertisement or any part thereof or the publication of the advertisement does not in any way contravene, violate or constitute a breach of any laws of Hong Kong or any restrictions or prohibitions imposed by the relevant Government authorities or otherwise and the advertiser shall indemnify Jobcity.com.hk in respect of any breach of this clause in accordance with the provisions of clause 12 hereof.
- Jobcity.com.hk shall not be liable for any loss or damage arising as a result of delaying in distribution or non-distribution due to strikes, lock-outs, typhoon, black/red rain, mechanical or technical difficulties or any other cause beyond the control of Jobcity.com.hk. Jobcity.com.hk shall has its sole discretion to alter the distribution of magazines from time to time including but not limited to its distribution methods, locations, dates and time as it may think fit and practicable without notice.
- A volume discount will be allowed to those advertisers signing annual volume contracts on such terms and conditions as may be agreed by Jobcity.com.hk and the relevant advertisers. Jobcity.com.hk reserve the final right to change the terms and conditions of this offer.
- Any claims pursuant to these terms must be made by the advertiser in writing within 48 hours after publication on date of agreed publication to i-People Company Limited, 6/F, Techno Centre, 33 On Kui Street, On Lok Tsuen, Fanling, Hong Kong and unless notice of such claims shall have been received by Jobcity.com.hk within the time limit as aforesaid, all claims by the advertiser pursuant to the terms and conditions hereof shall be deemed to have been waived by the advertiser.
Payment
- All cheques, money-order, etc. should be made payable to ‘i-People Company Limited’. Rates are expressed in Hong Kong dollars but Jobcity.com.hk shall have absolute discretion to accept payment in other currencies the rate of conversion to Hong Kong dollars for payment shall be determined by Jobcity.com.hk from time to time.
- The advertiser will be invoiced upon publication unless the advertising charges are prepaid. Terms of payment are net 7 days from the date of invoice or otherwise agreed by i-People Company Limited. i-People company Limited shall have the right to charge interest on any outstanding payment after the due date (without any further notice) at the rate of two percent (3%) per month from date of invoice on outstanding balance to date receipt of payment by i-People Company Limited and in addition, i-People Company Limited shall also be entitled to recover from the advertiser any costs and expenses (including all legal fees) incurred by i-People Company Limited in recovering any outstanding payment and interest thereon.
- The online edit function shall only restrict to the editing of the content of the job ad
- No refund or extension will be given for the cases of de-activated, deleted and unused job ad(s)
- Once the subscription is confirmed by the company, the order may not be changed or refunded
- i-People Company Limited reserves the right to decline any order accepted if it considers necessary and desirable
- The advertiser is liable at all time for payment of all advertising charges. Where a recognized advertising agent substitutes its order for that of the original advertising or requires invoices addressed to the advertising agent. i-People Company Limited shall hold the agent and the original advertiser jointly and severally liable hereunder.
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