Terms & Conditions
This web site of Ensemble Human Resources Co. Limited ("Company") and any other site of the Company accessed through this site ("Web Site") and the services provided therein shall only be available to users seeking employment ("Jobseeker(s)") or users seeking employees ("Employer(s)") or other users such as advertisers. Access to and use of the contents and services provided on the Web Site shall be subject to the Privacy Policy and the Terms and Conditions (which are set out below). If you do not accept either or both the Privacy Policy and the Terms and Conditions, please do not use the Web Site. Upon your acceptance of the Privacy Policy and the Terms and Conditions, the Terms and Conditions shall be binding upon you. The Company may revise the Privacy Policy and the Terms and Conditions at any time without prior notice. You are advised to periodically review the Privacy Policy 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.
The terms "you", "user" and "users" herein refer to all individuals and/or entities accessing and/or using the Web Site at any time for any reason or purpose.
1. Acceptable Web Site Uses
a. Specific Uses - Jobseeker
Jobseeker agrees that he/she shall only use the Web Site for lawful purposes and seeking employment.
Jobseeker agrees to keep his/her login name and password with care and not to disclose them to any other person. Jobseeker is solely responsible for maintaining the confidentiality of such login name and password. Jobseeker shall notify the Company immediately of any unauthorized use of the same.
Jobseeker confirms and acknowledges that he/she discloses his/her personal data to the Employers and/or the Company when he/she applies for job vacancies and authorizes the Company to store his/her resume and the related information or data in the database of the Company ("Database") of his/her own volition. Jobseeker may send his/her resume and the related information or data to the Company through the Web Site for job registration. In such event, Jobseeker's resume and the related information or data will also remain active on the Web Site and be stored in the Database at his/her own risk unless and until he/she chooses to delete them. Jobseeker acknowledges and agrees that his/her resume and the related information or data may be accessed by the Employers who browse the Web Site or have subscribed to the services of the Company for the sole purpose of obtaining and assessing the suitability of Jobseekers. The Company also reserves the right to reject, disapprove or edit any Jobseeker's resume and the related information or data as it sees appropriate 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. Jobseeker also acknowledges and agrees that the Company will, if he/she so authorizes, release his/her resume (without his/her contact information and name of his/her current employer) 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 personally identifiable information) for marketing purposes which may be directed to either potential employers or Employers, their respective agents or anyone under their employ.
Although the Company shall use its reasonable endeavours to restrict access to the Database only to the Employers and personnel of the Company, it does not guarantee that other parties will not, without the Company’s consent, gain access to the Database. Jobseeker may disable searching or viewing of his/her resume by the Employers at any time. However, Jobseeker acknowledges that the Employers and other parties who have otherwise gained access to the Database may have retained a copy of Jobseeker’s resume. 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.
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, information or materials for any use other than for obtaining potential employees. Jobseeker accepts that all personal data, information or materials are given to Employer or other users are given entirely at his/her own risk.
b. Specific Uses - Employer
Employer agrees that it shall only use the Web Site for lawful purposes and seeking potential employees.
Subject to the conditions or requirements as from time to time stipulated by the Company regarding the access of Jobseeker’s information or data, Employer will be entitled to access the Database but agrees that all information or data obtained shall only be used for the sole purpose of obtaining and assessing the suitability of Jobseekers and that such information or data shall not be disclosed to any other parties without the prior consent of the Jobseeker concerned. Employer acknowledges and agrees that it shall disregard any information or data received from Jobseeker which is irrelevant to obtaining and assessing the suitability of Jobseekers.
The Company also reserves the right to change the service fee or institute new charges or fees, as it deems appropriate.
c. Prohibited Uses - Jobseekers and Employers
Jobseeker and/or Employer agree(s) not to use the Web Site for any of the following purposes which are expressly prohibited :
i. Jobseeker shall not post any non-resume related information or data and/or incomplete, false or inaccurate resume related information or data.
ii. All users shall not use the Web Site in any manner relating to infringement of the intellectual property rights of others.
iii. All users shall not print, download, duplicate or otherwise copy or use any personally identifiable information about other users save and except the Database and/or Jobseekers’ resumes and the related information or data accessed by the Employer pursuant to Clause 1.a. as above. All unsolicited communications of any type to users is strictly prohibited.
iv. 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 authorized 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.
v. All users shall not upload, post, publish, transmit, distribute, circulate or store any material in whatsoever way relating to the Web Site (i) in violation of any applicable law or regulation; (ii) 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 (unless the user owns or controls the rights thereto or has obtained all necessary consents); (iii) that is harmful, defamatory, libelous, obscene, discriminatory, harassing, threatening, abusive, hateful or is otherwise offensive or objectionable; or (iv) that contains viruses, trojan horses, worms, corrupted files or other materials that may interrupt, damage or limit the functionality of any computer software or hardware or telecommunication equipment.
2. Intellectual Property Rights
All contents of the Web Site, including without limitation information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Web Site are the intellectual property of the Company, its associated companies or licensors and are protected by copyright, trademark, patent and other intellectual property laws. Users acknowledge and agree that such contents are made available solely for their personal non-commercial use. Users shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, disseminate, distribute, redistribute, broadcast, circulate, store (in any medium), display, modify, sell or transfer or participate in the sale or transfer of or offer for sale of, create derivative works from, or in any way exploit any of such contents, whether in whole or in part. Users shall only download or copy such contents for their personal non-commercial use and as expressly permitted to be downloaded or copied in the Web Site for the specified use, provided that users will not delete or change the copyright, trademark and any other proprietary rights contained in such contents. Users will not obtain any right, title or interest in or to any of such contents as a result of such downloading or copying. Any use of any of such contents other than those permitted under the Terms and Conditions is strictly prohibited and the Company reserves all rights. For the avoidance of doubt, any purported consent of any third parties (including without limited Employers) on the use of the contents and materials mentioned under this Clause shall not exonerate the users from the restrictions/prohibitions imposed hereunder in whatsoever manner.
3. Responsibility
The Company may not monitor the Web Site and its contents 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, information, data or material submitted by them (as the case may be). The Company does not warrant that any resume will be viewed by any specific number of users or that it will be viewed by any specific user. The Company shall not be responsible in any way for any decision, for whatever reason, made by any party 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, that any defects will be corrected, or that the operation of the Web Site will be uninterrupted, timely or secure. If the use of the Web Site or its contents results 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 warranties in respect of merchantability, availability of featured products or services, non-infringement of third party rights, fitness for particular purpose, or about the accuracy, reliability, completeness, timeliness or other qualities of the Web Site and the contents, services, software, text, graphics, and links contained therein.
4. Own Risk
All users use the Web Site and any other Web site 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 Web Site at any time for breaching the Terms and Conditions or violating the law and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate at 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 the user and as Internet navigation tools, and not in any way as an endorsement by the Company of the contents on such third-party web sites. Unless otherwise stated on the Web Site, the Company has no control over or rights in such third-party web sites and is not responsible for their availability. 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 or any links contained in such third-party web sites or any changes or updates thereto and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party web sites. The Company shall not be responsible or liable for any loss or damage of any kind arising from or in connection with the use of the services or contents of 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 and 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 their use of the Web Site or its contents or their breach of the Terms and Conditions.
7. Disclaimer
The Company and its associated companies, officers, directors, employees or agents shall not be liable in any event for damage of any kind suffered by any users whatsoever directly or indirectly arising from or relating to their use of inability to use the Web Site and its contents, including without limitation any errors or omissions in such contents, or any deletion, incorrect or delayed transmission or loss of any contents or materials uploaded or transmitted through the Web Site.
8. Dealing with Advertisers
User’s communication 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 the user and such advertiser. The Company shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such dealings or as a result of the presence of the advertisers on the Web Site.
9. Limitation of Liability
Without prejudice to the above and subject to the applicable laws, the aggregate liability of the Company to any user for all claims arising from or relating to his/her use of the Company's services and the Web Site shall be limited to the amount of the fees relating to the existing package subscribed to and paid for by the user (if any) and operative at that time.
10. Termination
In the event that any information provided by the user is inaccurate, in breach of laws or contain indecent elements, the Company shall instantly abrogate the user's account without notice and reserves the right to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against such user. The Company reserves the right at any time to immediately terminate or suspend user's account or user's access to the Web Site without notice where the Company is of the opinion that the user has breached any of the Terms and Conditions or to take further action as the Company considers appropriate, desirable or necessary. The Company shall have the sole and absolute discretion to decide whether the user, Jobseeker or Employer has breached any of the Terms and Conditions, and such decision shall be final.
11. Modification to Access
The Company reserves the right at any time and from time to time to modify, discontinue or restrict users’ access to, either temporarily or permanently, the Web Site (or any part thereof) with or without notice. The Company shall not be liable to users or to any third party for any such modification, discontinuation or restriction.
12. Security Measures
The Company will use its reasonable endeavours to ensure that its officers, directors, employees, agents and/or contractors exercise their prudence and due diligence in handling the personal data submitted by Jobseeker 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.
13. Governing Law and Jurisdiction
The Terms and Conditions and any dispute or matter arising from or incidental to the 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").
Any dispute, controversy or claim arising out of or relating to the Terms and 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:
(a) The appointing authority shall be Hong Kong International Arbitration Centre (“HKIAC”).
(b) The place of arbitration shall be in Hong Kong at HKIAC.
(c) There shall be only one arbitrator.
(d) The language to be used in the arbitral proceedings shall be English.
In the event of any breach of the Terms and Conditions by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
14. Entire Agreement
The Terms and Conditions shall constitute the entire agreement between the user and the Company relating to his/her/its use of the Web Site, and shall replace and supersede all other communications (be it written or oral), discussions, letters and contracts relating to the subject matter hereof.
15. Severability
The provisions of the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event any provision of the Terms and Conditions is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.