MOOVUP’S TERMS AND CONDITIONS OF USE AND SERVICES
Employment Agency Licence No.: 60806
(“Terms and Conditions”)
The installation and/or use of:
1. iOS and Android application “moovup” (the “App”); and
are provided by moovup (HK) Limited and are subject to the Terms and Conditions. For clarity, moovup (HK) Limited, its subsidiaries, affiliates and associated companies together with their directors, agents and employees shall be collective referred to in these Terms and conditions as the “Company”, “we”, “our” or “us”.
We reserve the right to update at any time the Terms and Conditions by posting it online. Your use or continued use of the App and/or the Web Site constitutes your acceptance of these terms and conditions (as updated or revised by us from time to time and including such updates or revisions). PLEASE VISIT THIS PAGE REGULARLY TO REVIEW THE TERMS AND CONDITIONS.
WE OPERATE A PLATFORM TO TRANSMIT INFORMATION BETWEEN EMPLOYERS AND JOB SEEKERS. IT IS UP TO THE SPECIFIC EMPLOYERS TO OFFER EMPLOYMENT WHICH MAY BE SCHEDULED THROUGH THE WEB SITE AND THE APP.
The terms 「you「, 「User」 and 「Users」 herein refer to all individuals and/or entities accessing and/or using the App and/or Web Site at any time for any reason.
1. Use of App and Web Site
1.1. User shall use the App and/or the Web Site only for lawful purposes, and shall not use the App and/or the Web Site to:
1.1.1. harass or cause distress or inconvenience to any person;
1.1.2. infringe the intellectual property rights of others; or
1.1.3. upload or post any material which is unlawful, offensive, obscene, harassing, defamatory or libellous.
1.2. User shall not:
1.2.1. use any tool, software or programme or act otherwise to disturb the normal operation of the server of the App and/or the Web Site; or
1.2.2. transmit any computer virus or any damaging programme that impact the App, the Web Site, the platform system and to other Users.
1.3. User must safeguard the login ID and password of his/her account and shall not disclose or share these access information with any other / unauthorised person. User shall be responsible and liable for all actions conducted through his/her account. User must notify us immediately of any unauthorised use of his/her account information or the account.
1.4. If you are under the age of 18, you are not allowed to use the App or the Web Site to seek employment. If you wish to access and use the App and /or the Web Site, you are required to seek advice from your parents or guardians as to the meaning and consequences of these Terms and Conditions. We presume that each User is of legal age. However, if we discover that any user of the App and/or the Web Site is not of legal age, we reserve the right to terminate access to the App and/or the Web Site and the right to take any action as may be appropriate against such users, or the parents or guardians of such users.
1.5 Any blog posts or regulatory-related information posted on the App or Web Site shall be for reference only and shall not be construed as us giving any legal advice in any way.
2. Job Seeker(s)
2.1. A User seeking employment through the App or reviewing job vacancies shall be known as a “Job Seeker”.
2.2. Job Seekers shall not:
2.2.1. post any false or inaccurate information on or through the App; and
2.2.2. respond to any employment opportunity for any reason other than to apply for the job advertised.
2.3. The profile (or resume) and other personal information submitted by a Job Seeker is intended for the purposes of providing information to Employer (defined in Section 3 below) when a Job Seeker applies to an advertised job post by that Employer.
2.6. Job Seekers accept that all information provided through and on the App or the Web Site is given entirely at their own risks. While we will use our best endeavours to safeguard the access to and storage of these information on our server(s) (or the 3rd party server(s) that we use), we cannot guarantee that there will be no access to or usage/retrieval of these information by any unauthorised parties. In no event shall we be responsible or liable for any unauthorised access and usage/retrieval of these information.
3.1. All Users that advertise job vacancies through the Web Site are known as “Employers「.
3.2. Subject to these terms and conditions (and as amended by us from time to time), Employers may use the Web Site to advertise job vacancies and for no other purposes. Employers will be solely responsible for the contents and materials contained in their advertisement. We reserves the right in our discretion to suspend any advertisement without any prior notice.
3.3. An Employer will have access to the information of a Job Seeker when that Job Seeker applies for the job vacancy advertised by that Employer on our platform and in such case, the Employer will have the full profile (resume) of that Job Seeker.
3.4. Employer (on behalf of itself and for its authorised personnel and for the person or corporate (and their associates and affiliates) that ultimately hires the Job Seeker) agrees that all information of the Job Seekers obtained by the Employer will only be used for the purpose of seeking potential employees and such information shall not be disclosed to any other parties.
3.5. Employer grants to us a non-exclusive, irrevocable, royalty-free licence to use, copy, publish, exhibit, adopt and display the Employer’s logo (inputed into the Web Site) on the App, Web Site and any social media and/or social networking sites under accounts operated or held by us for the purposes of providing or promoting the Employer’s advertised job vacancies and/or the Services.
3.6. We reserve the right to suspend or terminate (in each case, without prior notice) any Employer’s access to the App and/or Web Site if (a) that Employer is unable to provide or maintain a valid business registration certificate at or after the posting job vacancies on our platform.; (b) the Employer has been repeatedly posting jobs that are the same or very similar within the same month.
3.7. Employer shall not post any information or material that is, or potentially is, in our sole opinion, indecent, inaccurate, deceitful, offensive, abusive, defamatory, libelous, obscene, discriminatory, racist, blasphemous, improper, morally dubious or is otherwise offensive or objectionable; or may cause unrest in politics or religion; or might be of a harmful or fraudulent nature.
3.8. When an Employer is advertising job vacancies: (a) the Employer shall represent to us that he or she is authorised by the person or corporate (including its associates and affiliates) that will ultimately hire or intend to hire a Job Seeker to advertise the job vacancies as an agent of such person or corporate (including its associates or affiliates), (b) such person or corporate (including its associates and affiliates) shall be deemed to have accepted these Terms & Conditions, (c) We shall regard any Job Seeker to be applying for a job provided by such person or corporate (including its associates or affiliates). In the event that such corporate or person (or their associates or affiliates) requests for any information relating to the Employer, job vacancies advertised, job details, application details or information relating to a Job Seeker, We shall be authorised by the Employer to make such disclosure and We shall not be responsible for any losses, expenses or liabilities that the Employer may incur.
3.10. Promotion of job vacancies through priority listing
3.10.1. An Employer may, subject to the terms hereof, promote its job post by sponsoring the priority listing of such job post based on a budget set by the Employer. The App and Web Site will display the job post selected by the Employer (“Promoted Job Post”) in priority to other job posts using the algorithm that we have designed and programmed and that may be updated from time to time. The timing and frequency of the display of the Promoted Job Post may vary depending on the job nature, demand, industry, sponsorship budget and other considerations and we do not warrant or guarantee the performance or placement or the display of the Promoted Job Post on the App or Web Site or any clicks by a Job Seeker and the associated cost per click, click through rates or any interest in the job itself.
3.10.2. By sponsoring a Promoted Job Post, you are requesting us to manage the visibility of your Promoted Job Post in our App and Web Site to give the Promoted Job Post extra exposure. Exposure will not always mean the Promoted Job Post will get a particular spot on the page or will be displayed at a particular time but means that it will be displayed by us in accordance with our algorithm, in our sole discretion, to be the best visibility for such a job post.
3.10.3. By sponsoring a Promoted Job Post, you agree to pay a price for each User click that such an ad receives calculated based on our algorithm and you shall be charged based on click count. Charges are solely based on our click measurement and our determination of click count shall be binding. If you sponsor a Promoted Job Post, your payment method will be charged automatically at the start of each month for the fees applicable to that period. Refunds, if any, are at our absolute discretion. If your account is suspended in accordance with the terms hereof, but you have spent on a Promoted Job Post, you are not entitled to a refund of previously spent amounts.
3.10.4. If you have set a budget for the Promoted Job Post on our App and Website, there is a possibility that the actual charge will be higher than the set budget, but it will not exceed by more than 10% of the set budget.
3.10.5. You acknowledge and agree that any credit card and related billing and payment information that you provide may be shared by us with companies who work on our behalf, such as payment processors and/or credit agencies. We may also provide information in response to legal process. We shall not be liable for any use or disclosure of such information by such third parties.
4. Warranties and Liability
4.1. The App, the Web Site and all information on our platform through the App or the Web Site are provided on an 「AS IS」 basis without warranties of any kind, express or implied, including any warranties as to accuracy, completeness, timeliness of information, merchantability, availability of services, fitness for particular purpose and non-infringement.
4.2. We assume no liability or responsibility for any errors or omissions in the contents of the App or the Web site or any misrepresentation by an Employer or any potential fraudulent or illegal behaviours of an Employer or for the deletion, mis-delivery or failure to store any user communications or personalisation settings.
4.3. We do not warrant that:
4.3.1. the App and/or Web Site will be at any time error-free; or
4.3.2. the Web Site and its server will be at any time free of computer viruses or other harmful mechanisms; or
4.3.3. any defects will be corrected; or
4.3.4. the operation of the App and/or Web Site will be uninterrupted, timely or secure.
If your use of the App or Web Site results in the need for servicing or replacing equipment or data, we are not responsible for any such costs.
4.4. We reserve the right to expel any User and prevent their further access to the App and/or Web Site for breaching these Terms and Conditions or violating any laws. In addition, we also reserve the right to remove any message or material from the App and/or Web Site that we, in our sole discretion, deems unacceptable, abusive, illegal or disruptive.
4.5. The Web Site may contain links to third-party web sites. These are provided solely as a convenience to the user and not in any way as an endorsement by us of the contents on such third-party web sites. If any User accesses any linked third-party web site, he/she does so entirely at his/her own risks. We are not responsible for the content of any third-party website linked to its web site and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party web sites.
4.6. In no event shall we 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 App and the Web Site 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 or compatibility problems), theft, destruction or alteration of the App or the Web Site.
All users (including a Job Seeker, an Employer and the person or corporate (and their associates and affiliates) that will ultimately hire or intend to hire a Job Seeker) agree to 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 App or the Web Site or their breach of the terms of these Terms and Conditions, or their breach of any laws or rules or regulations.
6. Relationship between Job Seekers and Employers
6.1. We will use all best endeavours to provide and maintain a platform to facilitate information exchanges between Job Seekers and Employers. However, unless otherwise specifically agreed by us in writing, we will NOT be involved in the discussions, negotiations and dealings between Job Seekers and Employers.
6.2. Furthermore, we are NOT responsible for:
6.2.1. the accuracy of the recruitment advertisements provided by the Employers;
6.2.2. the quality of the employment by the Employers;
6.2.3. whether the Employers will be able to pay the relevant salary;
6.2.4. the accuracy of the information and/or the resume provided by the Job Seeker;
6.2.5. whether the Job Seeker will be competent to do the job or to fulfil the requirements of the Employers;
6.2.6. the action, omission, misrepresentation or negligence of the Employers of the Job Seekers.
6.3. If there are any disputes between Job Seekers and Employers, they are advised to resolve the disputes on their own, or to seek appropriate help (e.g. the Labour Department). We are not responsible for any disputes between Job Seekers and Employers.
7.1. We reserve the right at all times to immediately suspend (without notice):
1. Employer’s job post(s) or the Employer’s account; and/or
2. user’s access to the App or the Web Site or the services provided by us,
Where (in our sole opinion):
1. we are of the opinion that the user has breached any of these Terms and Conditions; or
2. if any information provided by the user is inaccurate, in breach of laws or contains indecent elements;
3. any information or material may infringe the copyright, trademark, trade secrets or other intellectual property rights or proprietary rights of others or violate the privacy or publicity or other personal rights of others;
4. in our opinion, any information or material (or job post) is, or potentially is, indecent, inaccurate, deceitful, offensive, abusive, defamatory, libelous, obscene, discriminatory, racist, blasphemous, improper, morally dubious or is otherwise offensive or objectionable; or may cause unrest in politics or religion; or might be of a harmful or fraudulent nature.
Furthermore, we also reserve the right to take any other actions as We consider appropriate, including but not limited to taking legal action against such User.
7.2. We reserve the final and absolute discretion to determine whether a User, a Job Seeker and/or an Employer has breached any of these Terms and Conditions.
8.1. If any one or more of these Terms and Conditions, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of that term or condition in any other respect and the remaining Terms and Conditions shall not in any way be impaired.
8.2. No failure or delay on our part to exercise any right or remedy under these terms and conditions is to be construed or operate as a waiver, nor does any single or partial exercise of any right or remedy by us preclude the further exercise of that right or remedy by us.
8.3. We may assign at any time any or all of the rights and obligations contained in these terms and conditions to any party.
8.4. These terms and conditions and any dispute or matter arising from your use of the App or the Web Site are governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region.
(10 July 2020)