TERMS AND CONDITIONS OF SALE
These Conditions (including the Talent Search Terms and Conditions), together with the Terms and Conditions and Privacy Statement, shall govern the provision of Services listed at the Site by PT Connect Limited to the Advertiser.
a. In these Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
“Advertiser”means the person or entity identified in the Order, who wishes to obtain the Services provided by PT Connect Limited.
“Conditions”means these Terms and Conditions of Sale.
“Contract”means a contract for sale between PT Connect Limited and the Advertiser of the Services formed in accordance with Clause 5(c).
“Expiry Date”means the date on which the posting or publication of a Job Ad expires as specified on an Order and confirmed by PT Connect Limited pursuant to Clause 5(c).
“Force Majeure Event”means any event or circumstance the occurrence and the effect of which PT Connect Limited could not reasonably prevent or avoid including:
i. explosion, fire, flood, war, earthquake, storm or other natural disasters;
ii. war, declared or undeclared, sabotage, insurrection, terrorist or criminal acts whether online or offline, riot or civil disturbance;
iii. import or export regulations or embargo or requisition restrictions regulations or any acts or measures or any intervention of any governmental or regulatory authority;
iv. epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the authorities concerned or any governmental authority;
v. strike, lock-out, work stoppage or other industrial action or trade dispute (whether involving employees of PT Connect Limited or any other person); and
vi. telecommunication, network or Internet disruptions or interruptions.
“PT Connect Limited”means PT Connect Limited.
“WorkKing Profile”means a profile created by a Job Seeker on the Site which includes a summary of information regarding their career and work history to which they may attach their resume. Subject to the Job Seeker’s privacy setting, these may be available to Advertisers via the Talent Search Site.
“Job Ad”means any recruitment advertisement, posting or notice for the Advertiser’s business.
“Job Seeker(s)”means users seeking employment.
“Online Payment”means payment by any one or more of the following payment modes as may be designated by PT Connect Limited from time to time: Credit card, bank transfer and other designated payment modes.
“Order”means an online order placed via the Site by an Advertiser with PT Connect Limited for the Services in accordance with these Conditions.
“Parties”means PT Connect Limited and the Advertiser and “Party” means any one of them.
“Payment Processing Company”means the applicable payment or card processing entity (including any banking institution) for the relevant Online Payment mode.
“Post Date”means the date on which a Job Ad is posted or published on the Site as specified on an Order.
“Service”means the service listed on the Site for which PT Connect Limited invites Orders in accordance with these Conditions, and includes the posting and publication of Job Ad(s) on the Site.
“Service Package”means the Service package listed on the Site for which PT Connect Limited invites Orders in accordance with these Conditions.
“Site”means any website, job portal or mobile application owned and operated by PT Connect Limited and its affiliates/subsidiaries.
“Third Parties”is defined in Clause 12(a).
“Validity Period”means the validity period of a Service Package as specified on an Order.
“Virus”means any computer virus, Trojan horse, worm, or other disabling, intrusive, malicious, destructive, corrupting or disruptive program, macro or device or other contaminants including but not limited to any codes or instructions.
b. Words using the singular or plural number also include the plural or singular number.
c. Any reference to a “person” or “entity” includes a reference to an individual, a sole-proprietor, a partnership, an unincorporated association and a company.
d. Any reference to a “Clause” is to a clause of these Conditions.
e. The headings in these Conditions are inserted for convenience only and shall be ignored in construing these Conditions.
f. A reference to the word “include” or “including” shall not be construed as having any limiting effect.
2. Application and effect
b. In the event of any conflict, inconsistency or ambiguity between these Conditions, the Terms and Conditions and/or the Privacy Statement, the following descending order of precedence will apply: (i) the Privacy Statement, (ii) these Conditions, (iii) the Terms and Conditions.
c. By ordering the Services described on the Order, the Advertiser agrees to be bound by and accepts these Conditions.
3. Site and Services
a. PT Connect Limited reserves the right from time to time, without any liability or prior notice or consent, to change, modify, suspend, withdraw or cease to make available any or all Services from the Site or the whole or any portion of this Site, or to change its prices or specifications of any Service, including any information that may be required from the Advertiser.
4. Recruitment Centre Access
a. Advertisers access to and use of workking’s Recruitment Centre is governed by this Clause 4.
Authority to store and retain applications
b. The Advertiser expressly authorises PT Connect Limited to store and retain, on its behalf, all Job Ads posted, applications submitted in response to such Job Ads and candidate profile purchased via Talent Search within the Recruitment Centre in accordance with these terms and conditions.
c. The Advertiser’s access to the Recruitment Centre (and the functionality contained therein) will be via a secure login username and password issued to the Advertiser by PT Connect Limited (Password) and the Advertiser is responsible for the use and security of the Password.
d. The Advertiser is responsible for:
i. providing PT Connect Limited with the identity and contact details of individuals authorised to access the Recruitment Centre on its behalf (authorised users);
ii. supervising the use of the Recruitment Centre by the authorised users, and ensuring that such use is consistent with these Terms and Conditions; and
iii. any act or omission by a user in respect of the use of the Password (whether the use is by authorised users or any other person) and/or the use of the Recruitment Centre that breaches these Terms.
e. The Advertiser’s use of the Talent Search feature from the Recruitment Centre must at all times comply with the Talent Search Terms and Conditions
Licence to use data
f. Except for information that is ‘personal information, all data stored on the site on the Advertiser’s behalf is owned by the Advertiser, and not PT Connect Limited.
g. The Advertiser hereby grants PT Connect Limited a perpetual, non-exclusive, irrevocable licence to use any stored data to analyse user behaviour on the Site and generally improve user experience.
Deletion of Data
h. Data stored by PT Connect Limited on behalf of Advertisers in the Recruitment Centre will be permanently deleted and removed from the Recruitment Centre by PT Connect Limited as follows:
i. Job Ads in the Recruitment Centre – 2 years after the Post Date;
ii. candidate applications received in response to your Job Ads – 2 years after the Post Date; and
iii. candidate profiles purchased via Talent Search – 2 years after the date of purchase.
i. The Advertiser acknowledges that beyond these time frames it is the Advertiser’s responsibility to source alternative storage arrangements for any data it wishes to retain and that jobsDB is not responsible for the storage of any data on its behalf.
j. Except wherePT Connect Limited is unable to exclude its liability by legislation, PT Connect Limited, its officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with Advertiser’s access and use of the Recruitment Centre.
a. Advertiser shall indicate the Service and Service Package it wishes to order, at the price and in the currency specified by PT Connect Limited at the Site, by placing an Order on the designated online form at the Site and providing to PT Connect Limited all necessary information as may be required by PT Connect Limited at the Site. Advertiser warrants and undertakes that all information provided to PT Connect Limited is complete, true, accurate and up-to-date.
b. All Orders made by the Advertiser for one or more Service(s) shall be deemed to be an offer made by the Advertiser to purchase such Service(s) upon the terms of these Conditions and for the selected Service(s) set out in the Order.
c. Upon successful submission of an Order by the Advertiser and confirmation of receipt of such Order by PT Connect Limited, a binding Contract shall be formed upon the terms set out in these Conditions, the terms of the Order, and such other terms and conditions as PT Connect Limited may impose as a condition of its acceptance of such Order.
6. Price & Payment
a. Unless otherwise stated on the Site, all prices for Service(s) and Service Package(s) are in Hong Kong Dollars and all payment to PT Connect Limited shall be made in Hong Kong Dollars.
b. Unless otherwise agreed by PT Connect Limited in writing, payment for the Services shall be made by the Advertiser in full by Advertiser’s valid Online Payment before provision of the Services. The Advertiser shall be liable for full payment of the Service ordered even if the Service is cancelled or terminated before the Expiry Date.
c. PT Connect Limited shall not be liable for any errors in the pricing or specification of Services ordered by the Advertiser that may appear at the Site.
d. The Advertiser shall bear all applicable duties, tariffs and taxes at the prevailing rates.
e. All Online Payments are subject to processing by jobsDB Hong Kong’s payment service provider, the approval of the Payment Processing Company and the relevant paying bank. PT Connect Limited shall not be liable in any way if the payment service provider, Payment Processing Company or the paying bank refuses to process or accept any Online Payment particulars for any reason.
f. The Advertiser agrees to submit such Online Payment or card information and other information as may be reasonably requested by PT Connect Limited or its payment service provider to process the Order, payment for the Order, and to arrange for invoicing. All card information will be received and processed directly by the payment service provider of the Advertiser, and PT Connect Limited will not retain any card information. All information received and accessed by PT Connect Limited shall be subject to PT Connect Limited’s Privacy Statement. The Advertiser agrees that PT Connect Limited shall not be liable for any loss, damage, or liability in the event of any unauthorized disclosure of such information by its payment service provider.
g. PT Connect Limited reserves the right to exercise its lawful remedies if a dispute or issue arises over Online Payments, or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the Payment Processing Company or the paying bank rejects or reverses payment for an Order, or if PT Connect Limited does not receive full payment for an Order. PT Connect Limited may in its discretion:
i. reject such Order;
ii. suspend or terminate the provision of Services specified in such Order; and/or
iii. claim against the Advertiser for the full price of the Order as a debt.
h. The Advertiser agrees that PT Connect Limited shall be entitled (without any obligation to deliver prior notice to or obtain consent from the Advertiser) to set-off and deduct from any amounts due to the Advertiser or any unutilized credits in a Service Package, all sums owed by the Advertiser to PT Connect Limited under any and all Contracts and other agreements.
7. Service Packages & Credits
a. All credits in a Service Package must be utilized within the Validity Period. There will be no refund or carry forward of any unutilized credits, nor will PT Connect Limited permit any extension of the Validity Period.
b. If the Advertiser purchases more than one Service Package, credit utilization will be based on a first to expire basis without any extension of time to utilize the remaining credits.
c. All credits in a Service Package must only be used by the Advertiser and for the Advertiser’s own company. The Advertiser shall not apply the unutilized credits for the benefit of any other company, including any subsidiary or related corporation of the Advertiser. Sharing, reselling or transfer of unutilized credits in a Service Package is strictly prohibited, except with consent from PT Connect Limited. PT Connect Limited reserves the right to terminate the Services and Service Package immediately without liability or refund, where there is a breach of this Clause 7(c).
d. The credits under each Service Package can only be used for the Services provided by PT Connect Limited in Hong Kong through the Site, and not in any other global/country Site, unless otherwise specified by PT Connect Limited.
8. Job Ads
a. The Advertiser shall only submit, upload or publish Job Ads on the Site for its own company and no other person or entity. Each Job Ad is restricted to only one job role in the Advertiser’s company and one company logo. The Advertiser agrees to submit its company logo to PT Connect Limited and hereby authorises PT Connect Limited to upload its company logo on behalf of Advertiser. Advertisements for multiple job roles or multiple companies within a single Job Ad is strictly not allowed.
b. The Job Ad will be published on the Site on and from the Post Date until the Expiry Date, unless in any case where the Job Ad is removed, suspended or terminated by PT Connect Limited in accordance with its rights under these Conditions. The Advertiser understands and agrees that PT Connect Limited has no control over any site other than the Site and shall not in any event be responsible or held liable for any expired Job Ad which appears on any site other than the Site or any expired Job Ad which is retrieved by any search engine.
c. The Advertiser undertakes to ensure that its Job Ad(s) complies with all applicable laws, regulations, guidelines or policies, including but not limited to Employment Ordinance, Sex Discrimination Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance, Race Discrimination Ordinance or Personal Data (Privacy) Ordinance.
d. Without limiting the generality of Clause 8(c), the Advertiser shall ensure, represent and warrant that:
i. all information contained in a Job Ad is true, complete, accurate and not misleading in any manner whatsoever;
ii. any selection criteria stated in a Job Ad is clear, objective and relevant and only relates to qualifications, skills, knowledge and experience, and NOT age, race, language, gender, marital status and religion, except where Clause 8(e) applies;
iii. the contents of any Job Ad, including any company trade mark or logo or graphics or other materials included in the Job Ad, does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party; and
iv. any links included in its Job Ad(s) leads to its corporate website and that it will not include any links to third party websites in its Job Ad.
e. Where the Advertiser has to include a specific attribute in a Job Ad, which may be viewed as discriminatory, the Advertiser shall ensure that such an attribute is indeed a reasonable requirement for the job advertised in the Job Ad and that the reason for such requirement is clearly set out in the Job Ad.
f. By submitting, uploading or publishing a Job Ad on the Site, the Advertiser warrants and agrees that:
i. it is authorized to submit, upload and publish the Job Ad(s) on the Site, and that it has obtained and will maintain all necessary
approvals, licences and consents required for the submission, uploading and publication of the Job Ad(s) on the Site;
ii. all information, materials and attachments submitted through the Site or otherwise provided to PT Connect Limited shall be in compliance with all applicable laws and regulations;
iii. all information, materials and attachments submitted through the Site or otherwise provided to PT Connect Limited is free from any Virus;
iv. it will not use the Site or Services in a manner or for any purpose that is illegal, immoral or offensive;
v. it complies with and will continue to comply with all the terms set out in these Conditions, including Clauses 8(a), 8(c) and 8(d); and
vi. it is authorized to use its company logo and that the company logo does not infringe or violate any applicable laws and regulations, the intellectual property right or proprietary rights of a third party.
g. In the event that the Advertiser is in breach of Clauses 8(a), 8(c), 8(d), 8(e) or 8(f), PT Connect Limited shall be entitled to remove or amend the Job Ad from the Site based on its sole discretion and without any obligation to deliver a prior notice or obtain consent from the Advertiser and/or may require the Advertiser to amend any part of such Job Ad in accordance with its directions in order to comply with the Conditions before it permits the re-publication of the Job Ad on the Site. For the avoidance of doubt, PT Connect Limited shall have no liability for the removal or maintenance of such Job Ad and shall not be obliged to extend the publication period of such Job Ad on the Site.
h. PT Connect Limited reserves the right to suspend, reject, remove or cancel any Job Ad at its discretion without liability or refund, including where:
i. the Advertiser uses a company name and logo in the Job Ad, which PT Connect Limited believes does not belong to the Advertiser;
ii. the Advertiser includes a URL or hyperlink on its Job Ad which leads or otherwise re-directs the user to a third party website;
iii. the Advertiser includes a URL or hyperlink that is tagged to any other portal’s website address other than PT Connect Limited;
iv. the Job Ad is discriminatory, offensive or misleading; or
v. the Job Ad otherwise in breach of any provisions of Clause 8(c) and Clause 8(d).
9. Talent Search
a. Advertisers on our Site may be granted access to our Talent Search Product. The Talent Search site allows advertiser to search, refine and connect with candidates via a candidate’s workking Profile in relation to advertisements placed on the Site. Your access to and use of Talent Search and information contained in workking Profiles is governed by the Talent Search Terms and Conditions which can be viewed at Talent Search Terms and Conditions
a. The Advertiser shall indemnify, and hold harmless PT Connect Limited, 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 Advertiser’s use of the Services or Site or its contents or their breach of these Conditions, to the fullest extent permitted by applicable law.
11. No Warranties
a. The Site and Services are provided on an “as is” basis by PT Connect Limited and PT Connect Limited retains its absolute right to change or vary the Site design, taxonomy of the Site from time to time without prior notice. PT Connect Limited makes no warranty in respect of the Services or Site, express or implied, including any implied warranties of merchantability, satisfactory quality, compliance with description, fitness for a particular purpose and non-infringement, or that the Services or Site will be uninterrupted, timely or free from error or Virus and PT Connect Limited disclaims all such warranties to the fullest extent permitted by applicable law.
b. Without limiting the generality of Clause 11(a), PT Connect Limited does not warrant or guarantee:
i. the truth, accuracy, reliability or completeness of resumes, listings, advertisements, or other information or content submitted by users of its Site (“User Content”), and such User Content should be used, accepted and relied upon only with care and discretion and at the Advertiser’s own risk; or
ii. that any Job Ad will be viewed by any specific number of persons or by any specific user or will result in successful recruitment of personnel.
12. Exclusion & limitation of liability
a. The Advertiser acknowledges and agrees that PT Connect Limited only provides an online platform for Advertisers to publish Job Ads on the Site and for users to publish their resumes and information. jobsDB Hong Kong does not endorse or recommend and has no control over any job seeker, employer, or other user of its Site and Services, or third parties (collectively “Third Parties”), including the misrepresentation, fraud, breach of contract, tortious or illegal acts or omissions of any Third Parties, and the Advertiser agrees and undertakes to use its own judgment and discretion in its dealings through the Site or Service.
b. In no event shall PT Connect Limited be liable to the Advertiser or any third party for:
i. any acts or omissions of Third Parties, including any unauthorized copying, reproduction, adaptation, publication, distribution or other use of the Job Ad on any site except the Site;
ii. any decision made by the Advertiser, Third Parties or other third party arising from or in connection with the use of the Site or Services;
iii. any information, tools, content or links which may be accessed or is otherwise made available on its Site or through its Services;
iv. any scheduled and unscheduled outages of web servers, equipment, wide area and local area networks, and telecommunications links, including suspension of the Site or any Service for maintenance;
v. slowdowns in server response times, server performance, or loss of bandwidth;
vi. security breaches and loss of data;
vii. any Virus;
viii. any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Conditions, or any loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if PT Connect Limited has been advised of the possibility of such loss or damage; or
ix. any act, neglect, omission or wilful default of a third party service provider or subcontractor of PT Connect Limited, regardless of whether such third party is authorized by PT Connect Limited.
c. The total liability of PT Connect Limited to the Advertiser for any and all claims whether by the Advertiser or by any other person and howsoever arising in connection with or arising out of the provision of Services or resulting from the breach of the Contract and/or these Conditions by PT Connect Limited shall not in any event exceed the fees received by PT Connect Limited in respect of the Service giving rise to such claims.
13. Suspension and Termination of Services
a. The Advertiser agrees that PT Connect Limited has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate the Advertiser’s use or access to all or any part of the Services, and/or to terminate, deactivate or suspend the Advertiser’s account, without assigning any reason.
b. The Advertiser agrees not to hold PT Connect Limited liable or responsible for any loss or damage incurred by the Advertiser arising out of or in connection with the restriction, suspension and/or termination of the Service(s) or the Advertiser’s account.
14. Force majeure
a. PT Connect Limited shall not be liable for or be deemed to be in breach of the Contract and/or these Conditions by reason of any failure in performing any of its obligations under the Contract and/or these Conditions during any period in which performance is delayed by any Force Majeure Event.
b. PT Connect Limited shall notify the Advertiser of any delay or failure arising through any Force Majeure Event and shall use its reasonable efforts to provide the Services as soon as practicable. The Advertiser shall not terminate the Contract by reason of any such delay or failure.
a. PT Connect Limited reserves the right to change these Conditions without prior written notice at any time, at PT Connect Limited’s sole discretion, by posting a copy of the amended Conditions on the Site. The amended Conditions shall be effective upon posting on the Site.
b. Any attempt to modify, supplement or amend these Conditions by the Advertiser will be null and void, unless expressly agreed to in writing by PT Connect Limited.
16. Complete Contract
a. The Contract and these Conditions represent the entire understanding between PT Connect Limited and the Advertiser concerning the sale and supply of the Services, and shall form the exclusive statement of all the matters covered by the Contract and these Conditions. Any and all previous course of dealings, written or oral understandings, discussions, representations, correspondence and communications between the Parties relating to the matters covered by the Contract and/or these Conditions are hereby superseded.
b. Any term or condition of the Advertiser’s Order which is in any way inconsistent with or in addition to these Conditions shall not be applicable or binding on PT Connect Limited, unless otherwise agreed in a written agreement signed by Advertiser and PT Connect Limited, and any failure by PT Connect Limited to object to the said term or condition shall not be considered a waiver of these Conditions.
a. The Advertiser shall not assign or otherwise transfer the Contract or any of its rights and obligations hereunder, whether in whole or in part without the prior written consent of PT Connect Limited. Any such unauthorized assignment shall be deemed null and void.
b. PT Connect Limited may assign or transfer the Contract or any of its rights and/or obligation hereunder, whether in whole or in part to a third party provided that PT Connect Limited is in the process of restructuring, rehabilitation, merger, acquisition or amalgamation with the other partner/party.
18. No waiver
a. No failure on the part of PT Connect Limited to exercise, and no delay on its part in exercising, any right or remedy under the Contract will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy by PT Connect Limited.
a. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, such provision will be deemed amended to conform to applicable laws so as to be valid and enforceable, or if it cannot be so amended without materially altering the intention of the Parties, it will be struck out and the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
20. Rights of Third Parties
a. A person or entity who is not a Party to the Contract shall have no right to enforce any term of the Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of the Contract.
21. Governing Law and Jurisdiction
a. These Conditions shall be construed in accordance with, and governed by, the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”).
b. Any dispute, controversy or claim arising out of or relating to these Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause:
i. The appointing authority shall be Hong Kong International Arbitration Centre (“HKIAC”).
ii. The place of arbitration shall be in Hong Kong at HKIAC.
iii. There shall be only one arbitrator.
iv. The language to be used in the arbitral proceedings shall be English.
In the event of any breach of these Conditions by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration.