Terms and Conditions
Welcome to HKESE!
These terms and conditions outline the rules and regulations for the use of HKESE. By accessing to and/or using the Services and Site, you acknowledge and agree to be bound by the terms, conditions and other provisions of the Agreement.
“Account” means an account created uniquely for you identified by User ID and protected by password enabling connection and/or access to and/or use of the Services and Site.
“Employers” means the potential employer(s) and recruiter(s) who access(es) to and use(s) the Site, and/or uses(s) the Services.
“Agreement” means these Terms and Conditions apply to your access to and use of the Services and Site, and incorporate by reference other provisions applicable to the access to and use of the Services and Site.
“Talents” means individual user(s) of the Services and Site accessing to and using the Site, and looking for job opportunities and career information.
“Profile” means CVs, employment information and such other material, information and data provided by you and posted/ available on the Site.
“Services” means the recruitment related services available on the Site and such other products and services to be made available by HKESE from time to time.
“Site” means hkese.net and such other website(s), site(s) and platform(s) designated by HKESE from time to time, including but not limited to their contents, databases and mobile applications.
“You” means user(s) of the Services and Site, whether individual(s) or entity(ies), including but not limited to the Talents and the Site’s users accessing to and/or using the Services and/or Site.
2. Your Access to and Use of the Services and Site
- You shall access to and use the Services and Site for job seeking and/or other recruitment related purposes provided by the Site only and shall comply with all applicable laws, regulations and rules in force from time to time. Talents’ access to and use of the Services and Site is currently free of charge.
- You acknowledge and agree that you are solely responsible for the form, content and accuracy of all material and information including but not limited to your Profile uploaded or otherwise made available on the Site.
- You shall not upload, post, transmit or distribute in any way on or through the Site any non-resume related information or data, or any incomplete, false or inaccurate resume related information or data on or through the Site.
- You shall not upload, post, transmit or distribute in any way on or through the Site any material, information or data which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libellous, slanderous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, regulation or rule.
- You shall not upload, post, transmit, distribute or otherwise make available on the Site any material, information or data protected by copyright, trademark or other intellectual property or proprietary right without the express permission of the owner of the copyright, trademark and other intellectual property and proprietary rights and the burden of determining that any material, information or data is not protected by copyright, trademark or other intellectual property or proprietary right rests with you. You shall be solely liable for any claim, loss and damage resulting from any infringement of copyrights, trademarks and other intellectual property and proprietary rights, and any other harm resulting from such a submission.
- You shall not use any of the Services or the Site or any content therein/thereon in any manner that infringes any copyright, trademark, or other intellectual property or proprietary right of any third party.
- You are prohibited from using any data mining, robot, screen scraping or any similar data gathering, extraction or publication tool on/through the Site, including but not limited to for the purposes of establishing, maintaining, advancing and reproducing information and data contained on/in the Site on your websites, sites, platforms, applications, products, services and publications, whether in online, digital or other format, except with HKESE’s prior written consent.
- You authorize HKESE to store your Profile and other material, information and data related thereto in its database for a permissible period under the relevant laws.
- The right to access to and use of the Services and Site is personal to you and is not transferable to any other person or entity.
3. Your Account
- You are responsible for the use of your Account and for ensuring that all use of your Account complies fully with the terms, conditions and other provisions of the Agreement. You shall be responsible for protecting the confidentiality and security of your password(s).
- You must never use another user’s Account without permission. When creating your Account, you must provide accurate, complete and up-to-date information. You are solely responsible for all activities that occur on your Account, and you must keep your Account password secure. You must notify HKESE immediately of any breach of security and/or unauthorized use of your Account.
- You are responsible for notifying HKESE of any change of information and data in relation to your Account and Profile.
4. Your Profiles
You acknowledge and agree that your Profile and any related information and data may be accessed by the Employers who have subscribed to and/or use the Services for the sole purpose of recruiting and assessing your suitability. In submitting your Profile, you can choose to limit the accessibility and availability to the Employers with the following options at your sole discretion:
- Searchable Profile: All personal data and other information as set out in the Profile of the Talents shall be assessable and available to the Employers searching on the Site;
- Anonymous Profile: All personal data and other information as set out in the Profile of the Talents (except the name and contact details) are assessable and available to the Employers searching on the Site while the Profile of such Talents (including the name and contact details) are only assessable and available to the Employers upon such Talent’s approval on each and every occasion when the Employer searches;
- Private Profile: All personal data and other information as set out in the Profile of the Talent shall be restricted and not assessable or available to the Employers. The Talent will not be available to the Employers searching on the Site.
6. Dealing with Employers
- The Talent’s communication and business dealings with Employer found on and/or through the Site are solely between such Talent and such Employer. HKESE shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such communication or dealing including but not limited to tortious liability and negligence.
- Should any dispute arise between Employer and the Talent, such Employer and such Talent should resolve such disputes between themselves and HKESE shall not be responsible and held liable for any disputes thereof.
7. Intellectual Property Rights
The Site contains copyrighted material, trademarks, other intellectual property rights, and other proprietary information, including but not limited to text, photographs, illustrations, graphics, layout, designs, logos, audio clips, video clips, audio-video clips and software (collectively, “Entire Site Contents”). The Entire Site Contents are protected by copyrights, trademarks and other intellectual property laws, and are owned by HKESE and its licensors. You may not copy, reproduce, modify, publish, display, transmit, distribute, store, sell, transfer, create derivative works from, or in any way exploit, any of the Entire Site Contents, in whole or in part. Except as otherwise expressly permitted under copyright and other intellectual property laws, no copying, modification, retransmission, redistribution, publication, display or commercial exploitation of any material of the Entire Site Contents will be permitted without the express permission of HKESE and the relevant owners in advance. In the event of any permitted copying, retransmission, redistribution, publication or display of any of the Entire Site Contents (“Any Permitted Act”), no changes in or deletion of any author attribution, trademark legend, copyright notice or other proprietary notice shall be made. You acknowledge and agree that you do not acquire any ownership right of any of the Entire Site Contents or through your exercise of Any Permitted Act.
8. Changed Terms
HKESE shall have the right at any time to change and/or modify the terms, conditions and other provisions in the Agreement applicable to your access to and use of the Services and Site, and/or any part thereof, and to impose new terms and conditions, including but not limited to adding fees and charges for use. Such changes, modifications, additions and deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to by posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any continued access to and/or continued use of the Services and/or Site by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications, additions and deletions.
9. Changes to the Services and Site
HKESE shall have the right at any time to change or discontinue any aspect or feature of the Services and Site, including but not limited to products, services, contents, hours of availability, and equipment needed for access and/or use.
HKESE will use reasonable endeavours to ensure that the Site is available for access at all times. Notwithstanding this, HKESE and its third party service providers may be required to undertake maintenance and upkeep of the Site from time to time. HKESE provides no warranty that the Services generally available through the Site will be uninterrupted, error free or delay free.
11. Disclaimer of Warranty; Limitation of Liability
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER HKESE NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (“HKESE PARTIES”) WARRANT THAT THE SITE AND ITS SERVERS WILL BE UNINTERRUPTED, ERROR AND DELAY FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SITE, OR AS TO THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS, RELIABILITY OF CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
- THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, OMISSION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE HKESE PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE RELEVANT USER(S) OR A THIRD PARTY(IES) (AS APPLICABLE).
- IN NO EVENT WILL HKESE OR ANY PERSON OR ENTITY INVOLVED IN CREATING OR PRODUCING THE SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE ACCESS TO, USE OF OR INABILITY TO ACCESS TO OR USE THE SITE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE PROVISIONS OF THIS SECTION (DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY) SHALL APPLY TO ALL CONTENTS ON/IN THE SITE.
HKESE shall have the right, but not the obligation, to monitor the contents of the Site, to determine compliance with the Agreement and any operating rules established by HKESE and to satisfy any law, regulation or governmental request. HKESE shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, HKESE shall have the right to remove any material that HKESE, in its sole discretion, finds to be in violation of any provision in the Agreement or otherwise objectionable.
13. Prohibition of use
HKESE reserves the right at all times to suspend, prohibit and/or deny your access to and/or use of the Site and/or Services or any part thereof immediately and without notice, and without any compensation or recourse, where HKESE is of the opinion that you have breached any of the terms, conditions and other provisions under the Agreement or you have provided incorrect/ not updated Profile, and that such suspension, prohibition or denial is appropriate, desirable or necessary in its sole opinion.
14. Links to other sites
Links on the Site, if any may take you to other sites and you acknowledge and agree that HKESE have no responsibility for the accuracy or availability of any information provided by linked sites. Links to other sites are provided solely as a convenience and do not constitute any endorsement or recommendation by HKESE of such sites or the information, products, services, advertising or other materials available on those sites.
15. Third Party Content
Neither HKESE nor any third-party provider of information and content guarantees the correctness, accuracy, completeness, reliability, usefulness, timelines or otherwise of any such information or content, nor its/their merchantability or fitness for any particular purpose.
- No waiver by either party of any breach or default under the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
- The illegality, invalidity or unenforceability of any provision of the Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdictions nor the legality, validity or enforceability of any other provisions.
- The Agreement does not create any agency, employment, joint venture, partnership, representation or fiduciary relationship between the parties to the Agreement. Neither party shall have the authority to create any obligation on behalf of the other party.
- The Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws rules. You agree to submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
- The parties to the Agreement expressly agree and acknowledge that the terms, conditions and other provisions of the Agreement shall not be enforceable by and do not confer any right on any person, entity or third party who is not a party to the Agreement.