Terms and Conditions for Recruitment Services

Terms and Conditions for Recruitment Services
EC Group Online Limited, its subsidiaries and/or its affiliates are hereinafter collectively referred to as “ECjobsonline”, "Company", “we”, “our” or “us”.

We provide various services including but not limited to recruitment, job posting (e.g. any recruitment advertisement “Job Posting”), and candidate match service ("Services") through different forms, means, medium and channels, including the Company's app and website (collectively “Website”).

Access to and use of the content and Services on this Website is subject to these terms and conditions. You agree that the use of the Service constitutes your continuous acceptance of these terms and conditions as may be amended from time to time.

The terms "you", "user(s)" and “Advertiser” (i.e. the person or entity identified in the Order (as defined in Clause 4 below), who wishes to obtain the Services provided by the Company ) herein refer to all individuals and/or entities accessing and/or using the Service at any time for any reason or purpose.

1 General
1.1 By ordering the Services described on the Order, the Advertiser agrees to be bound by and accepts these terms and conditions.
1.2 These terms and conditions, together with Order, and Privacy Policy Statement which are hereby incorporated as if set forth fully herein, represent the complete agreement between the parties. 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between the parties relating to the matters covered by the Order and/or these terms and conditions are hereby superseded.
1.3 In the event of any conflict, inconsistency or ambiguity between these terms and conditions and the terms and conditions of the Order , the terms and conditions of the Order will prevail.
1.4 For the avoidance of doubt, if Advertiser also places outdoor advertisements from ECjobsonline, the terms and conditions of the relevant Rate Card(s) shall also be applied relating to such printed placement.
1.5 Unless the context otherwise requires, in these terms and conditions:
i. Words using the singular or plural number also include the plural or singular number;
ii. Any reference to a “person” or “entity” includes a reference to an individual, a sole-proprietor, a partnership, an unincorporated association and a company;
iii. Any reference to a “Clause” is to a clause of these terms and conditions;
iv. The headings in these terms and conditions are inserted for convenience only and shall be ignored in construing these terms and conditions; and
v. A reference to the word “include” or “including” shall not be construed as having any limiting effect.

2 Modification of Services
The Website is provided by and is the sole property of ECjobsonline.com. ECjobsonline.com shall be entitled at any time, at its sole discretion and without prior notice or consent, to change, modify, add to, vary, terminate, withdraw or suspend the whole or any part of feature of the Website, or to change its prices or specifications of any Service, including any information that may be required from the Advertiser.

3 Recruitment Service Access
3.1 Advertisers access to and use of ECjobsonline's recruitment services through their online account in the Service (“Recruitment Service”) is governed by this Clause.
Authority to store and retain applications
3.2 The Advertiser expressly authorises ECjobsonline to store and retain, on its behalf, all Job Postings posted, applications submitted through the Service or Website in response to such Job Postings and results of Candidate Match (as defined below) within the Service in accordance with these terms and conditions.
Access
3.3 The Advertiser's access to the Recruitment Service (and the functionality contained therein) will be via a secure login username and password issued to the Advertiser by ECjobsonline (“Password”) and the Advertiser is solely responsible for the use and security of the Password.
3.4 The Advertiser is responsible for:
i. providing ECjobsonline with the identity and contact details of individuals authorised to access the Recruitment Service on its behalf (“Authorised Users”);
ii. supervising the use of the Recruitment Service by the Authorised Users, and ensuring that such use is consistent with these terms and conditions and Order;
iii. any act, omission, default or negligence by a user (whether the use is by Authorised Users or any other person) in respect of the use of the Password Recruitment Service and/or breaches these terms and conditions and/or Order;
iv. complying with all applicable laws, regulations, guidelines, or policies including but not limited to the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong), all code of practice and guidance materials issued from time to time by the Privacy Commissioner and all other applicable rules and regulations regarding the handling of personal data.
Licence to use data
3.5 The Advertiser hereby grants ECjobsonline a perpetual, non-exclusive, irrevocable licence to use any stored data (not personal data) to analyse user behaviour on the Website and generally improve user experience.
Deletion of data
3.6 Personal data and other data stored by ECjobsonline on behalf of Advertisers in the Recruitment Service will be permanently deleted or removed from the Recruitment Service by ECjobsonline as shown on the relevant webpages in Advertiser's account (including but not limited to Job Posting and job application webpages).
i. Job Postings in the Recruitment Service –2 years after the date on which a Job Posting is first posted or published on the Website as specified on an Order (“Post Date”);
ii. Candidate applications received in response to your Job Postings - 1 year after the application date
3.7 Unless otherwise specified, all personal data obtained from the Website can only be used and retained by the Advertisers not more than 6 months from the date of receipt and have to be removed or deleted thereafter.

4 Orders
4.1 Advertiser shall indicate the Service and service package (“Service Package”) it wishes to order, at the price and in the currency specified by ECjobsonline on the designated online order form at the Website (“Order”) and providing to ECjobsonline all necessary information as may be required by ECjobsonline. Advertiser warrants and undertakes that all information provided to ECjobsonline is complete, true, accurate and up-to-date.
4.2 All Orders submitted 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 terms and conditions and for the selected Service(s) set out in the Order.
4.3 Upon approval by ECjobsonline of an Order together with the required information submitted by the Advertiser, a binding contract (“Contract”) between Advertiser and ECjobsonline shall be formed subject to these terms and conditions, the terms and conditions of the Order, and such other terms and conditions as ECjobsonline may impose as a condition of its acceptance of such Order.

5 Price & Payment
5.1 Unless otherwise agreed by ECjobsonline in writing, full payment must be made in advance upon subscription confirmation. 7-days credit terms will be given for advertiser who provides a copy of its valid Hong Kong Business Registration Certificate. The Advertiser shall be liable for full payment of the Service ordered even if the Service is cancelled or terminated before the expiry date (i.e. the date on which the posting or publication of a Job Posting expires as specified on an Order or relevant communication materials, or informed by ECjobsonline; “Expiry Date”).
5.2 ECjobsonline shall not be liable for any errors in the pricing or specification of Services ordered by the Advertiser that may appear at the Website.
5.3 The Advertiser shall bear all applicable duties, tariffs and taxes at the prevailing rates.
5.4 No partial payment for unused services and/or unused credits.
5.5 ECjobsonline reserves the right to revise the service fee and impose any new charges.
5.6 All online payment designated by ECjobsonline from time to time including but not limited to credit card payment, bank transfer and other designated payment modes (“Online Payments”) are subject to processing by ECjobsonline's payment service provider, the approval of the relevant payment processing companies and paying banks. ECjobsonline shall not be liable in any way if the payment service provider, payment processing company or paying bank refuses to process or accept any Online Payment particulars for any reason.
5.7 The Advertiser agrees to submit such Online Payment or card information and other information as may be reasonably requested by ECjobsonline or its payment service provider to process the Order, make payment therefor, and arrange for invoicing. All card information will be received and processed directly by the payment service provider of the Advertiser, and ECjobsonline will not retain any card information. All personal information received and accessed by ECjobsonline shall be subject to ECjobsonline's Privacy Policy Statement. The Advertiser agrees that ECjobsonline shall not be liable for any loss, damage or liability in the event of any unauthorized disclosure of card information by its payment service provider, the relevant payment processing companies and paying banks.
5.8 ECjobsonline 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, if the payment processing company or paying bank rejects or reverses payment for an Order, or if ECjobsonline then does not receive full payment for an Order. Without limitation to any other remedies, ECjobsonline 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.
5.9 The Advertiser agrees that ECjobsonline 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 ECjobsonline under any and all Order, Contracts and other agreements.

6 Service Packages & Credits
6.1 All credits in a Service Package must be utilized within the validity period as specified on the Order (“Validity Period”). Unused, deleted and de-activated Job Posting is not entitled to any extended period of posting or refund.
6.2 Once Order is confirmed by ECjobsonline, it cannot be changed and refunded.
6.3 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.
6.4 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, affiliates or related companies of the Advertiser. Sharing, reselling or transfer of unutilized credits in a Service Package is strictly prohibited, except with prior written consent from ECjobsonline. ECjobsonline reserves the right to suspend or terminate the Service(s) and Service Package(s) immediately without liability or refund, where there is a possible breach or breach of this Clause 6.4 or Advertiser's obligations or warranties under these terms and conditions or Order.

7 Job Postings
7.1 The Advertiser shall only submit, upload or publish Job Postings on the Website for its own company and no other person or entity. Only one job title and one company logo can be included for each Job Posting. The Advertiser agrees to submit its company logo to be shown in Job Postings or Website to ECjobsonline and hereby authorises ECjobsonline to upload, transmit, disseminate and/or display the same for and on behalf of Advertiser. Multiple job titles or multiple companies within a single Job Posting is strictly prohibited.
7.2 The Job Posting will be published on the Website from the Post Date (as defined below) until the Expiry Date, unless in any case where the Job Posting is removed, suspended or terminated by ECjobsonline in accordance with these terms and conditions. “Post Date” means the date on which a Job Posting is first posted or published on the Website as specified on an Order. The Advertiser understands and agrees that ECjobsonline has no control over any site and platform other than the Website and shall not in any event be responsible or held liable for any expired Job Posting which appears on any site and platform other than the Website which is retrieved by any search engine.
7.3 The Advertiser undertakes to ensure that its Job Posting(s) complies with all applicable laws, regulations, guidelines or policies, including but not limited to Employment Ordinance (Cap. 57), Sex Discrimination Ordinance (Cap. 480), Disability Discrimination Ordinance (Cap. 487), Family Status Discrimination Ordinance (Cap. 527), Race Discrimination Ordinance (Cap. 602), and Personal Data (Privacy) Ordinance(Cap. 486).
7.4 Without limiting the generality of Clause 7.3, the Advertiser represent and warrant that:
i. all information contained in a Job Posting is true, complete, accurate and not misleading in any manner whatsoever;
ii. any selection criteria stated in a Job Posting is non-discriminatory, clear, objective and relevant and only relates to qualifications, skills, knowledge and experience, and NOT age, race, language, gender, marital status, family status, absence of disability and religion;
iii. the contents of any Job Posting, including any company trade mark or logo or graphics or other materials included in the Job Posting, does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party;
iv. any links included in its Job Posting(s) leads to its corporate website but not any third party websites; and
v. any personally identifiable information and personal data, are strictly prohibited to print, download, copy or use for any non-recruitment purposes, including but not limited to direct marketing.
7.5 Where the Advertiser has to include a specific attribute in a Job Posting, which may be viewed as discriminatory, the Advertiser must provide ECjobsonline with sufficient proof, information and documents to prove that such an attribute is indeed a reasonable requirement or a genuine occupational qualification for the job advertised in the Job Posting and that the reason for such requirement is clearly set out in the Job Posting.
7.6 By submitting, uploading or publishing a Job Posting on the Website, the Advertiser warrants and agrees that:
i. it is authorized to submit, upload and publish the Job Posting(s) on the Website, and that it has and has obtained all necessary approvals, licences and consents required for the submission, uploading and publication of the Job Posting(s) on the Website;
ii. all information, materials and attachments submitted through the Website or otherwise provided to ECjobsonline shall be in compliance with all applicable laws, regulations, guidelines or policies;
iii. all information, materials and attachments submitted through the Website or otherwise provided to ECjobsonline is free from 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 (collectively “Virus”);
iv. it will not use the Website or Services in a manner or for any purpose that is illegal, immoral or offensive;
v. it will not violate or try to violate, directly or indirectly, the security and stability of the Website or Services; and
vi. it complies with and will continue to comply with all the terms set out in these terms and conditions, including this Clause 7 .
7.7 In the event that the Advertiser is in breach of this Clause 7, ECjobsonline shall be entitled to remove, suspend or amend the Job Posting from the Website or amend the Job Posting in its sole discretion without any liability or refund and without any obligation to give a prior notice or obtain consent from the Advertiser and/or may require the Advertiser to amend such Job Posting in accordance with ECjobsonline's directions in order to comply with these terms and conditions before publication or re-publication.
7.8 For the avoidance of doubt, ECjobsonline shall have no liability for any suspension, removal or amendment of any Job Posting and shall not be obliged to extend the publication period of such Job Posting on the Website.

8 Candidate Match
8.1. The Website allows Advertiser to search for suitable candidates through our Services for their job vacancies as shown on their Job Postings and invite them to send resumes to apply for the jobs via a Manual Candidate Match Service (as explained below).
8.2. “System Candidate Match Service” means the Website's system automatically search candidates' profiles (only limited to those candidates who consent to disclose their profile information partially for job matching) in accordance with certain criteria preset by ECjobsonline such as “Industry”, “Job Function”, etc.; and
“Manual Candidate Match Service” means a list of information extracted from candidates' profiles (only limited to those candidates who consent to disclose their profile information partially for matching) generated by Website's system in accordance with the criteria entered by Advertiser.
8.3. During the Validity Period, Advertiser may apply credit units of its purchased Service Package to send request to candidates (who are listed in the search results of the Manual Candidate Match Service) for his/her resume (“Resume Request”). For the avoidance of doubt, the amount of credit units granted under different Service Packages are different.
8.4. Subject to Clause 9.8.i, Advertisers are entitled to apply their credit units at their ultimate discretion in respect of any candidates who appear in their Candidate Match search results.
8.5. All credit units shall be utilised within the Validity Period. Otherwise, any such non-utilized credit units shall be forfeited immediately after the Validity Period.
8.6. All credit units are not transferrable nor assignable by Advertisers.
8.7. During the Validity Period, where a candidate has accepted a Resume Request from an Advertiser, such Advertiser is able to view that candidate's selected resume (i.e. the resume set by candidate).
8.8. When Advertisers use Candidate Match Service and send a Resume Request, Advertisers acknowledge and agree that:
i. ECjobsonline does not guarantee that all candidate profiles can be searched by Candidate Match due to the different privacy settings of different candidates, or candidate will accept Resume Request made by Advertisers;
ii. The default setting of the expiry date of any Resume Request (together with Advertiser's Job Posting) sent to candidates is 7 days from the date of request, while Advertiser may change the expiry date (maximum 30 days) in the Candidate Match Service result page;
iii. Advertisers should only send Resume Requests to candidates for the sole purpose of genuine employment opportunities currently in the Job Postings on the Website; and
iv. One credit unit will be deducted immediately upon each Resume Request sent by Advertiser. One credit unit will be credited to the Advertiser if the relevant candidate does not accept the Resume Request before the expiry date (as shown in clause 8.8(ii) above).
8.9. Advertisers warrant that Candidate Match Service must:
i. only be used by Advertisers and/or Authorised Users for the purposes of a genuine hiring process in respect of an employment opportunity specified in the Job Postings on the Website currently; and
ii. not be used by the Advertisers and/or Authorised Users for the purposes of soliciting business from candidates, direct marketing and/or promoting products or services other than in relation to a genuine hiring process.

9 Indemnity
The Advertiser agrees to defend, indemnify, and holds harmless the Company, its parents, subsidiaries and/or affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including legal fees and litigation expenses on a full indemnity basis), relating to or arising from the use or misuse of the Service or any content of the Website (including but not limited to candidate's resume, personal data or information obtained through the Service) by the Advertiser or any Authorised User or any breach of these terms and conditions and Order by the Advertiser or any Authorised User.

10 No Warranties
10.1 The Website and Services are provided on an “as is” basis by ECjobsonline. ECjobsonline, its officers, employees, agents and contractors, makes no warranty in respect of the Services or Website, express, implied or statutory, including any implied warranties of merchantability, satisfactory quality, compliance with description, fitness for a particular purpose, title and non-infringement, or any warranties arising out of a course of performance, dealing or trade usage, and their equivalents under the laws of any jurisdiction, or that the Services or Website will be uninterrupted, timely or free from error or Virus and ECjobsonline disclaims all such warranties to the fullest extent permitted by applicable law.
10.2 Without limiting the generality of Clause 10.1, ECjobsonline does not warrant or guarantee:
i. the truth, accuracy, reliability or completeness of resumes, listings, advertisements, or other information or content submitted by any parties of its Website (“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 Posting will be viewed by any specific number of candidates or by any specific persons or will result in successful recruitment of personnel.

11 Exclusion & limitation of liability
11.1 The Advertiser acknowledges and agrees that ECjobsonline only provides an online platform for Advertisers to publish Job Postings on the Website and for candidates to create their profile, upload their resumes and information. ECjobsonline does not endorse or recommend and has no control over any candidates, other employers, or other parties of its Website 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 Website or Service.
11.2 In no event shall ECjobsonline 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 Posting on any site except the Website;
ii. any decision made by the Advertiser, Third Parties or other third party arising from or in connection with the use of the Website or Services;
iii. any information, tools, content or links which may be accessed or is otherwise made available on its Website 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 Website 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; or
viii. any act, neglect, omission or wilful default of a third party service provider or subcontractor of ECjobsonline, regardless of whether such third party is authorized by ECjobsonline.
11.3 To the maximum extent permitted by law and except as specifically provided herein, ECjobsonline shall not be liable for any indirect, incidental, consequential, punitive, special, or exemplary damages arising out of or that relate in any way to these terms and conditions, Order, Contract or its performance. This exclusion will apply regardless of the legal theory upon which any claim for such damages is based, whether ECjobsonline has been advised of the possibility of such damages, whether such damages were reasonably foreseeable, or whether application of the exclusion causes any remedy to fail of its essential purpose.
11.4 The total liability of ECjobsonline 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 terms and conditions by ECjobsonline shall not in any event exceed the fees actual received by ECjobsonline from the Advertiser in respect of the Service giving rise to such claims.

12 Suspension and Termination of Services
12.1 The Advertiser agrees that ECjobsonline 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.
12.2 The Advertiser agrees not to hold ECjobsonline 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.
12.3 If ECjobsonline suspects or finds any breach of these terms and conditions or Order by any Advertiser or Authorised User, ECjobsonline shall have the right to immediately deactivate such Advertiser's account(s) in the Website and/or Service Package(s), remove all the Advertiser's Job Postings and/or report to the relevant authorities if the circumstances require.

13 Force Majeure
13.1 ECjobsonline shall not be liable for or be deemed to be in breach of the Contract and/or these terms and conditions or for any delay or non-performance out of causes beyond its reasonable control, including but not limited to typhoon, “black” rainstorm, acts of God, fires, floods, explosions, accidents, strikes, labour disputes, mechanical breakdowns, computer virus, computer or system failures or other failures of equipment, failures of or defects in computer or system software, computer damage due to unauthorized programming routines, unavailability of or restrictions on any communication media for whatever reason, interruptions of power supplies, any law, decree, regulation or order of any government, competent authority, judicial bodies and any other causes beyond its control (hereinafter referred to as “Force Majeure Event”).
13.2 ECjobsonline shall notify the affected Advertiser of any delay or non-performance arising out of any Force Majeure Event within a reasonable time 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 non-performance.

14 Amendment
14.1 ECjobsonline reserves the right to change these terms and conditions without prior written notice at any time, at ECjobsonline's sole discretion, by posting a copy of the amended terms and conditions on the Website. The amended terms and conditions shall be effective upon posting on the Website.
14.2 Any attempt to modify, supplement or amend these terms and conditions by the Advertiser will be null and void, unless expressly agreed to in writing by ECjobsonline.

15 Assignment
15.1 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 ECjobsonline. Any such unauthorized assignment shall be deemed null and void.
15.2 ECjobsonline 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.

16 No Waiver
No failure on the part of ECjobsonline to exercise, and no delay on its part in exercising, any right or remedy under these terms and conditions 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 ECjobsonline.

17 Illegality
If any provision of these terms and 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 both parties, it will be struck out and the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected thereby.

18 Rights of Third Parties
Any person or entity who is not a party to these terms and conditions shall have no rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce any terms of these terms and conditions.

19 Governing Law and Jurisdiction
These terms and conditions, Order and Contract shall be governed by the laws of the Hong Kong Special Administrative Region and both users and the Company submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region.