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Welcome to HKESE!
These terms and conditions outline the rules and regulations for the use of HKESE's Website, located at https://hkese.net.
By accessing this website we assume you accept these terms and conditions. Do not continue to use HKESE if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing HKESE, you agreed to use cookies in agreement with the HKESE's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, HKESE and/or its licensors own the intellectual property rights for all material on HKESE. All intellectual property rights are reserved. You may access this from HKESE for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from HKESE
- Sell, rent or sub-license material from HKESE
- Reproduce, duplicate or copy material from HKESE
- Redistribute content from HKESE
- Engage in data scraping, data harvesting, data mining, or any other bulk extraction of data or content from the HKESE platform and services.
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. HKESE does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of HKESE,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, HKESE shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
HKESE reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant HKESE a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Intellectual Property Rights
The HKESE platform and service, including but not limited to the website, software, databases, text, graphics, images, audio, videos, codes and other technology and material (collectively the "Proprietary Materials"), and the trademarks, service marks and logos used and displayed therein ("Marks"), are the property of HKESE and its licensors, and are protected by copyright, trademark and other intellectual property laws.
HKESE retains exclusive ownership of all right, title and interest in and to the Proprietary Materials and Marks. No intellectual property rights are granted by HKESE to any party by virtue of accessing or using the HKESE platform and services. Any unauthorized use, copying, distribution, modification or reproduction of the Proprietary Materials, Marks or any portion thereof is strictly prohibited and may be prosecuted under applicable laws.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of HKESE; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to HKESE. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of HKESE's logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Limitation of Liability
HKESE will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of our website or services. This includes, but is not limited to, service interruptions and errors.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
User-Generated Content
HKESE allows users to publish content, such as article, posts and comments, on its platform. Users are solely responsible for the content they create and publish. By submitting content to HKESE, you represent and warrant that:
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize HKESE to use all intellectual property and other rights in and to any and all of your content to enable inclusion and use of your content in the manner contemplated by the Services and these Terms.
- Your content does not infringe upon the copyrights, trademarks, or any other intellectual property rights of any person or entity.
- Your content does not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material or content that violates any applicable laws, rules, or regulations.
- For Employer Users (Advertisers) posting job opportunities, by submitting your company logo and branding materials, you grant HKESE permission to display those assets on our website in relation to your job postings and recruitment activities.
HKESE does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any user-generated content. You acknowledge that any reliance on material submitted by other users will be at your own risk. HKESE is not liable for any content, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.
HKESE reserves the right, but is not obligated, to review, monitor, and remove user-generated content at its sole discretion and without notice. In addition, HKESE reserves the right to take appropriate legal action against anyone who, in HKESE's sole discretion, violates any of the provisions of these Terms, including, but not limited to, removing the offending content from the Services and terminating the account of such violators.
Specific Uses - Employers (Advertisers)
By using HKESE's advertising services for employers, you understand and agree to the following terms:
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No Guarantee of Hiring Results: HKESE provides advertising services to promote job vacancies. However, HKESE does not guarantee any specific number of applications, interviews, or successful hires as a result of using its services. Employers understand and acknowledge that HKESE is not responsible for the outcome of the hiring process.
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Non-refundable Payments: All completed payments for advertising services are non-refundable under any circumstances.
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Advertising Job Vacancies: Upon payment of the service fee to HKESE and/or upon meeting other terms and conditions (if any) prescribed by HKESE, employers are entitled to use HKESE to advertise job vacancies for a specific period. Employers are solely responsible for the contents and materials contained in their advertisements. HKESE reserves the right to edit any advertisement at its discretion.
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Access to Job Seekers' Information: Subject to the conditions or requirements stipulated by HKESE, employers are entitled to access job seekers' profiles and application information. Employers agree that all information will only be used for the purpose of seeking potential employees and shall not be disclosed to any other parties without the prior consent of the concerned job seeker.
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Termination of Services: HKESE has the right to terminate any services offered to an advertiser/employer and remove any advertisement and/or web page posted on the website, without compensation or recourse, if the advertiser or the contents of the advertisement and/or web page breach any of the provisions herein.
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Liability: HKESE is not liable for any loss or damage incurred by an employer as a result of any failure or delay in listing an advertisement on the site.
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Employer Responsibilities: Employers are responsible for ensuring that their company profile and job vacancies (advertisements) are valid, legal, decent, non-discriminatory, and truthful.
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Final Decision: HKESE reserves the right, at its sole discretion, to make the final decision on whether to publish, or reject any job advertisement submitted by employers.
Premium Employer Subscription Plan
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By using HKESE's Premium Employer Subscription Plan, you understand and agree to the following terms:
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Pricing Plans: HKESE offers different advanced service pricing plans. You can choose whether and which pricing plan to subscribe to. The pricing plan and its price may change according to our business plans, and some free Services may be charged under a pricing plan in the future. The latest pricing plans can be found on our website.
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Subscription Periods and Auto-renewal: Subscription periods are divided into monthly, quarterly, and annual plans. All plans will be automatically renewed unless you cancel your subscription. To stop auto-renewal, you must cancel your subscription, and the subscription will be terminated upon the expiration date of the then-current subscription period.
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Third-party Payment Processing: HKESE does not store your credit card information. All payments, including credit card payments, are processed by a third-party online payment system. When using credit cards issued in different countries, there may be a handling fee, which should be paid by the users who subscribe to a pricing plan.
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Pricing Modifications: If the price of the plan you subscribed to is modified after your subscription, the modification will not affect your then-current subscription price. After the then-current subscription expires, the plan will automatically be stopped without renewal. The new price will be applied to any new subscription to the updated pricing plan.
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Duration and Cancellation: Subscribers will automatically be charged month-to-month, quarter-to-quarter, or year-to-year by HKESE, according to the plan you choose, until you cancel the Subscription Services. You can cancel your Subscription Services at any time, and you will continue to have access to the Subscription Services through the end of your current billing period. To cancel, you must submit a cancellation request.
Dispute Resolution
Any dispute, controversy or claim arising out of or relating to these Terms of Use or the use of HKESE's services shall be submitted to final and binding arbitration, except that HKESE retains the right to seek injunctive or other equitable relief from courts to prevent intellectual property infringement or other irreparable harm.
The arbitration shall be administered by the Hong Kong International Arbitration Centre ("HKIAC") pursuant to its rules and procedures. The arbitrator shall be neutral and have expertise in technology/internet laws. The arbitration shall be held in Hong Kong in the English language.
Both parties agree that the arbitrator's decision and award shall be final and binding with no right of appeal, and may be entered as a judgment in any court of competent jurisdiction. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.
Limitations on Time to File Claims
Any claim or cause of action arising out of or related to your use of the HKESE platform and services, or these Terms of Use, must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. If a claim is not filed within one year, that claim shall be permanently barred.
This limitations period applies to all claims and causes of action regardless of their basis, including but not limited to breach of contract, tort, statutory, or other claims. The one-year filing limitation period applies to claims against HKESE, its affiliates, successors, assigns, suppliers, licensors, officers, directors, employees and agents.
The purpose of this provision is to encourage the prompt resolution of any disputes and avoid the issues inherent in untimely or stale claims. The time limitation balances providing users with a reasonable opportunity to initiate a claim while protecting HKESE from having to defend against actions long after relevant evidence and facts may have become unavailable or witnesses' memories faded.
Revision of our Terms of Use
HKESE retains the right to alter or revise these Terms of Use at any time, as HKESE deems necessary, without the consent of Users. New stipulations in a revised Terms of Use will come into effect immediately after the Terms of Use have been posted onto the web. By continuing to use HKESE services, you agree to be bound by the latest version of these Terms of Use.
Last Updated: 11 Sept 2024