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Terms and Conditions

Services provided by JF Digital through the Site therein shall be available to Candidates or other users such as Employers and Recruiters. Access to and use of the contents and services provided on the Site shall be subject to the term and conditions which are set out below (“Terms and Conditions”) and the privacy statement (“Privacy Statement”). For further details about JF Digital’s Privacy Statement, please click on this link.

Please read all the following Terms and Conditions. If you agree and accept all of these terms, please click the “Agree and Accept” button of this page to continue using our services. If you do not accept either or both of the Terms and Conditions and/or the Privacy Statement, please do not join, access, view, download or otherwise use any services offered by JF Digital via the Site. By your continued use of the Site, you acknowledge that you have read and understood the Terms and Conditions and the Privacy Statement and that you agree to be bound by all of its provisions. JF Digital reserves the right to amend, add to, delete or revise the Privacy Statement and the Terms and Conditions at any time without prior notice. You are advised to periodically review the Privacy Statement and the Terms and Conditions. If you object to any change, your sole recourse shall be to immediately terminate your account or cease using the Site; otherwise your continued use shall constitute your acceptance of all changes and they shall be binding upon you.

 

Definitions

In these Terms and Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:

“Employer” means user who conducts a talent search, places a job listing or promotes any job related activities via the Site.

“JF Digital” means the multimedia platform presented, supplied and/ormade available by“青雲路有限公司”.

“Candidate(s)” means users seeking employment.

“Site” means any mobile application, website or job portal owned and operated by JF Digital and its affiliates/subsidiaries.

The terms “you”, “user” and “users” herein refer to all individuals and/or entities accessing and/or using the Site at any time for any reason or purpose.

 

Acceptable Site Uses

Specific Uses – Candidate

Candidate agrees that he/she shall only use the Site for lawful purposes and seeking employment. Candidate agrees to keep his/her login name and password with care and not to disclose them to any other person. Candidate is solely responsible for maintaining the confidentiality, safekeeping and security of such login name and password and shall notify JF Digital immediately of any unauthorized use of the same.

Candidate confirms and acknowledges that he/she discloses his/her personal data and all other information to the Employers and/or JF Digital of his/her own volition when he/she applies for available job vacancies posted on or through the Site, and/or when Candidate uses the Site for purposes of submitting, uploading or posting his/her CV on the Site. By submitting, uploading or posting his/her CV on the Site, Candidate represent and warrant that (a) all the information contained therein is truthful and accurate; and he/she authorizes JF Digital to store his/her CV and information or data related thereto in the database of JF Digital (“Database”). Candidate may send his/her CV and the related information or data directly to any Employer who advertises on or through the Site. Alternatively, Candidate may send his/her CV and the related information or data to JF Digital through the Site in reply to any job listing. In such event, Candidate’s CV and the related information or data will remain active on the Site and be stored in the Database at his/her own risk unless and until he/she chooses to delete them. Candidate acknowledges and agrees that his/her CV and the related information or data may be accessed by the Employers who have subscribed to the services of JF Digital for the sole purpose of recruiting and assessing the suitability of Candidates. JF Digital also reserves the right to reject, disapprove or edit any part of the Candidate’s CV and the related information or data as it sees appropriate and to erase any personal data which JF Digital reasonably believes that such data are inaccurate, false, illegal, unlawful, infringe copyright / trademark / trade name / trade secret or infringe any other intellectual property rights or invade the privacy of the other having regard to the purpose (including any directly related purpose) for which the data are or are to be used.

Candidate acknowledges and agrees to JF Digital’s practice of charging Employer a fee for access to the Site, the Database and/or Candidates’ CVs, details and the related information or data for the sole purpose of recruiting and assessing the suitability of Candidates and subject to the terms herein. Candidate also recognizes that he/she shall have no claims to any such fee received by JF Digital

JF Digital will not release Candidate’s personal data to any Employer without his/her permission unless required by any authorized institution or obliged under the prevailing laws and regulations. Candidate acknowledges and agrees that JF Digital will, if he/she so authorizes, release his/her CV (without his/her personal and contact information and name of his/her current employer) to Employer through the use of JF Digital’s search engine or any other means for the sole purpose of enabling Employer to recruit and assess the suitability of Candidates in relation to any job vacancy. Candidate agrees that JF Digital and its associated companies may use his/her personal data (without his/her name, address and other personal identifiable information) for marketing purposes which may be directed to either potential Employers, their respective agents or anyone under their employ.

You acknowledge, understand and agree that no company, including us, can fully eliminate security risks connected to handling data on the Internet. Although JF Digital shall use its reasonable endeavors to restrict access to the Database only to the Employers and personnel of JF Digital, it can not and does not guarantee that other parties will not, without JF Digital’s consent, gain access to the Database. Candidate may disable searching or viewing of his/her CV by the Employers at any time. However, Candidate acknowledges that the Employers and other parties who have otherwise gained access to the Database may have retained a copy of Candidate’s CV. To the furthest extent permissible by applicable law, Candidate acknowledges and agrees that JF Digital shall not be responsible for the retention, use or privacy of CVs in these instances, or for the use or privacy of CVs by any of such parties while the CVs are in the Database. To the furthest extent permissible by applicable law, JF Digital will not be responsible or held liable in any way if any Employer or other user, in breach of the Terms and Conditions, whether in Hong Kong or elsewhere, uses the Candidate’s personal data, information or materials for any purpose other than for recruiting potential employees. Candidate accepts that all personal data, information or materials given to Employer or other users, or submitted on or through the Site, are given entirely at his/her own risk.

Specific Uses – Employer

Employer agrees that it shall only use the Site for lawful purposes and promoting any job related activities.

Upon payment of the service fee to JF Digital or upon acceptance of any free trial promotion offer, Employer will be entitled to use the Site to conduct talent searches and/or list job vacancies for a predetermined period following agreement of the predetermined service, save and except for free trial promotion offer. Subject to the conditions or requirements from time to time stipulated by JF Digital regarding the access to Candidate’s information or data, Employer will be entitled to access the Database but agrees that all information or data obtained as a result of such access shall only be used for the sole purpose of recruiting and assessing the suitability of Candidates and that such information or data shall not be disclosed to any other parties without the prior consent of the Candidate concerned. Employer acknowledges and agrees that it shall disregard any information or data received from Candidate which is irrelevant to recruiting and assessing the suitability of Candidates.

Employer shall be solely responsible for the contents of and materials contained in its job listing posted on the Site. JF Digital reserves the right to remove or edit, or require the removal or amendment of, any job listing as it sees appropriate, or to terminate or suspend the Employer’s access and use of the Site and/or services offered on or through the Site, in accordance with the agreement for such services between Employer and JF Digital.

JF Digital shall have the right to terminate any services offered to any Employer and to remove any job listing posted on the Site at JF Digital’s sole discretion, without any compensation or recourse to Employer in the event that the relevant Employer or the contents of the relevant job listing is or are in breach of any of the provisions herein or any of the provisions in the TERMS AND CONDITIONS OF SALE or any JF Digital Products’ specifications; whereas, in the event that JF Digital decides to remove any job listing for any reasons not relating to any breach of the provisions herein or any of the provisions in the TERMS AND CONDITIONS OF SALE or any JF Digital Products’ specifications, JF Digital may after deducting the fees charged for the period that the job listing has been posted on the Site, refund the remaining fees (if any) to the relevant Employer.

From time to time JF Digital may invest in marketing campaigns to promote employer brands (including but not limited to Google ads, Yahoo ads, Baidu ads, Facebook ads, Twitter ads, ad networks, Demand Side Platforms, Real Time Bidding, retargeting and other programmatic buying strategies) and acknowledge that such promotion may be outside the domain of JF Digital or its subsidiaries / affiliates.

JF Digital also reserves the right to change the service fee or institute new charges or fees, from time to time, as it deems appropriate. In the event that any Employer fails to pay the service fee or any other fees or charges due to JF Digital, JF Digital reserves the right to suspend or terminate the Employer’s job listing and/or right to access the Database, without prejudice to all other rights and remedies available to JF Digital.

 

Prohibited Uses – Users

Users agree(s) that: –

Candidate shall not post any non-CV related information or data and/or incomplete, false or inaccurate CV-related information or data on the Site.

Candidate shall not respond to any job vacancy job listing for any reason other than to apply for the job advertised, and Employer shall not respond to any Candidate other than in connection with his/her application for a job. Any communications or use of the Site for any purposes other than recruitment purposes, including but not limited to soliciting of donations or business for any reason, are strictly prohibited.

All users shall not use the Site in any manner that infringes the intellectual property rights or proprietary rights of others.

All users shall not print, download, duplicate, transmit or otherwise copy, reproduce, re-distribute, republish or use any personally identifiable information about other users save and except that the Employers may use the Database and/or Candidates’ CVs and the related information or data accessed by the Employer pursuant to the Acceptable Site Uses described above. All unsolicited communications of any type to users are strictly prohibited.

All users shall not delete, revise or remove any material posted by any other person or entity.

All users are prohibited from violating or attempting to violate the security of the 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 job listings for products or services. Violations of system or network security may result in civil and/or criminal liabilities.

All users shall not upload, post, publish, transmit, distribute, circulate or store any material in whatsoever way relating to the Site (i) in violation of any applicable laws or regulations; (ii) in any manner that 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; (iii) that is harmful, defamatory, libelous, obscene, discriminatory, harassing, threatening, abusive, hateful, racist, blasphemous, false, illegal, improper or is otherwise offensive or objectionable; (iv) in the manner that causes unrest in politics, religion, national security or stability of JF Digital and the Site; or (v) that contains viruses, trojan horses, worms, corrupted files or other materials that may interrupt, damage or limit the functionality and operation of the Site, the services offered on the Site, or of any computer software or hardware or telecommunication equipment.

All users are prohibited in using screen scraping, data mining, robots or similar data gathering and extraction tools on the Site for establishing, maintaining, advancing or reproducing information contained on the Site on you’re his/her/their own website or in any other publication, except with JF Digital’s prior written consent.

 

Intellectual Property Rights

All contents of the Site, including without limitation information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Site (collectively “Contents”) are the intellectual property of JF Digital or its licensors and are protected by copyright, trademark, patent and other intellectual property laws. Users acknowledge and agree that the Contents are made available solely for their personal non-commercial use. Except as otherwise provided in this paragraph, 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 the Contents, whether in whole or in part. Users may download or copy the Contents solely for their personal non-commercial use and/or users that are expressly permitted in these Terms and Conditions, provided that users will not delete or amend any symbols or statements in the Contents that indicate the subsistence therein of copyright, trademark and any other proprietary rights. Users do not have any right, title or interest in or to any or any part of the Contents as a result of such downloading or copying. JF Digital reserves all its rights of enforcement of all its intellectual property rights or proprietary rights in the Contents, including without limitation against any use of any of the Contents that is not expressly permitted under the Terms and Conditions. For the avoidance of doubt, any purported consent of any third parties (including Employers) to the use of the Contents or any part thereof shall not in any way exonerate the users from the restrictions/prohibitions imposed hereunder in whatsoever manner.

 

Responsibility

JF Digital reserves the right to monitor the Site and its contents at any time, but is not obliged to do so. JF Digital takes no responsibility whatsoever for any material on the Site that is not posted by JF Digital or is otherwise posted by JF Digital on behalf of a user. All users acknowledge and agree that they are fully responsible for the form, content and accuracy of any CV, information, data, job listing, web page and/or material submitted by them to JF Digital or that is otherwise posted by them on or through the Site. JF Digital does not warrant that any CV, information, data, job listing will be viewed by any specific number of users or that it will be viewed by any specific user or result in successful recruitment of personnel. JF Digital shall not in any way be considered an agent of either Employer or Candidate with respect to any use of the Site. JF Digital shall not be responsible in any way for any decision, for whatever reason, made by any party seeking or posting jobs on the Site, or of any party responding to or posting job listings on the Site. WHILST JF DIGITAL HAS ENDEAVORED TO PROVIDE A QUALITY SERVICE TO EMPLOYERS AND CANDIDATES, IT DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF USE OF THE SITE OR ITS CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BY ANY USER, JF DIGITAL SHALL NOT BE RESPONSIBLE FOR THOSE COSTS AND ANY LOSS OR DAMAGE OF WHATEVER NATURE. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, JF DIGITAL 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 SITE AND THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED THEREIN. USERS SHOULD INDEPENDENTLY ASSESS AND VERIFY THE ACCURACY, COMPLETENESS AND RELIABILITY OF THE INFORMATION ON THE SITE AND TO SEEK PROFESSIONAL ADVICE WHERE NECESSARY.

 

Own Risk

ALL USERS USE THE SITE AND ANY OTHER WEBSITES ACCESSED THROUGH IT, ENTIRELY AT THEIR OWN RISK. All users shall be responsible for their own communications and are responsible for the consequences of their activities on the Site. JF Digital 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 any material posted by other users shall be at their own risk. JF Digital reserves the right to expel any users and prevent their further access to the Site at any time for breaching the Terms and Conditions or violating the laws and regulations and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate at JF Digital’s sole discretion without notice and/or consent whatsoever.

 

Links to Other Websites

The Site may contain links to third-party websites. These are provided solely as a convenience to users and as Internet navigation tools, and not in any way as an endorsement by JF Digital of the contents on such third-party websites. Unless otherwise stated on the Site, JF Digital has no control over or rights in such third-party websites and is not responsible for their availability or security. If users access any linked third-party websites, they do so entirely at their own risk. JF Digital shall not be responsible for the contents of any third-party websites linked to the Site or any links contained in such third-party websites 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 websites. JF Digital 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 websites. Further, any data or material posted on the Site by any user may be viewed by users of other websites linked to the Site and JF Digital shall not be responsible for any improper use by any user or third-party other than JF Digital of any data or materials posted on the Site.

 

Indemnity

All users agree to indemnify, and hold harmless JF Digital 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 Site or its contents or their breach of the Terms and Conditions, to the fullest extent permitted by applicable law. This indemnification shall be in addition to all other obligations of users under the Terms and Conditions, and shall not prejudice any other rights or remedies available at law to JF Digital.

 

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JF DIGITAL 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 OR INABILITY TO USE THE 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 SITE.

 

Dealing with Employers

User’s communication or business dealings with Employers found on or through the Site, including any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such Employer. JF Digital 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 Employers on the Site or as a result of the accuracy or truthfulness of any information or data posted by the Employers.

 

Dealing with Other Users

Notwithstanding JF Digital uses its best endeavors to provide impartial job seeking and recruitment services, and represents a media supporting information exchanged between Employers and Candidates, JF Digital will not be involved in dealings or disputes between Candidate and Employer and JF Digital shall not be responsible or held liable for the quality, security and legitimacy of the recruitment service. JF Digital does not warrant or guarantee the accuracy of the information and/or the CV provided by Candidate or of the recruitment job listings provided by Employer. JF Digital does not guarantee that Employer will be able to pay the relevant remuneration or that Candidate will be competent to take the job offered by the Employer. Should any dispute arise between Employer and Candidate, Employer and Candidate should resolve such disputes between themselves and JF Digital shall not be responsible and held liable for any disputes thereof.

 

Limitation of Liability

Without prejudice to the above and subject to the applicable laws, the aggregate liability of JF Digital to any user for all claims arising from or relating to his/her use of JF Digital’s services and the Site shall be limited to the fees received by JF Digital in respect of the services giving rise to such claims. To the maximum extent permitted by applicable law, in no event will we or the Site be liable in any way for any indirect, incidental, special, exemplary or consequential damages arising from or relating to our services and the Site, event if we have been informed of the possibility of such damage.

 

Termination

You may terminate your account with us at any time and for any reason by providing notice of termination to us by issuing an email to jfsales@nextdigital.com.hk. In the event that any information provided by the user is inaccurate, in breach of any laws or contains indecent elements, JF Digital shall instantly abrogate the user’s account and membership 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. JF Digital reserves the right at any time to immediately terminate or suspend any user’s account or access to the Site without notice, where JF Digital is of the opinion that the user has breached any of the Terms and Conditions or violated any law or regulation, and to take further action as JF Digital in its sole discretion considers appropriate, desirable or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate. JF Digital shall have the sole and absolute discretion to decide whether the user, Candidate or Employer has breached any of the Terms and Conditions, and such decision shall be final. In case JF Digital has not exercised the right under this Clause, it shall not be deemed to be a waiver.

 

Modification to Access or Site

JF Digital reserves the right at any time and from time to time to modify, change, suspend, discontinue or restrict: (a) users’ access to, either temporarily or permanently, the Site (or any part thereof); or (b) the whole or any portion of this Site (and the services provided therein), with or without notice. JF Digital shall not be liable to users or to any third party for any such modification, change, suspension, discontinuation or restriction.

 

Security Measures

JF Digital will use its reasonable endeavors to ensure that its officers, directors, employees, agents and/or contractors exercise their prudence and due diligence in handling the personal data submitted by Candidate and that access to and processing of the personal data by such persons is on a “need-to-know” and “need-to-use” basis. JF Digital will use its reasonable endeavors to protect Candidates’ personal data against any unauthorized or accidental access, processing or erasure of the personal data.

 

Governing Law and Jurisdiction

The Terms and Conditions and any dispute or matter arising from or incidental to the use of the 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:

The appointing authority shall be Hong Kong International Arbitration Centre (“HKIAC”).

The place of arbitration shall be in Hong Kong at HKIAC.

There shall be only one arbitrator.

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.

 

Force Majeure

Without prejudice to the provisions of these Terms and Conditions limiting or disclaiming liability, JF Digital is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts and non-performance of third parties.

 

Entire Agreement

The Terms and Conditions shall constitute the entire agreement between user and JF Digital relating to your use of the Site, and shall replace and supersede all other communications (be it written or oral), discussions, letters and contracts relating to the subject matters hereof.

 

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 that any provision or any part of a provision of the Terms and Conditions is determined to be or becomes illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions or remaining part of the provision of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision or part of a 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.

 

Variation of Terms

JF Digital may vary these Terms at any time. If JF Digital varies these Terms, it will provide notice by publishing the varied Terms on the Site. Your continue use of the Site after the changes are first notified by us as described above will constitute your agreement to such changes. If you object to any change, you should immediately terminate your account and cease using the Site.

 

Contact Information

If you have any question about these Terms and Conditions, please contact us by e-mail at jfsales@nextdigital.com.hk

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