TERMS OF SERVICE

This page states the terms of use (“Terms”) under which you (“You”) may use the JobsAsia Website, and Your relationship with JobsAsia International Sdn Bhd (“Jobsasia.net”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. These terms and conditions govern your use of our website. Please read the terms in full before you use this website. If you do not accept these terms, please do not use this website. These Terms are effective as of 1st October 2019. Using the site implies that you accept these terms. We do occasionally update these terms, so please refer back to them in the future.

1 Binding Agreement

(1.1) You may use the JobsAsia Website and Mobile Application subject to these Terms, which form a binding agreement between you and JobsAsia. By accessing or using the JobsAsia Website and Mobile Application you agree to accept and/or to be bound by these Terms. You agree to use the JobsAsia Website and Mobile Application at your own risk.

(1.2) In the case of any conflict between these Terms and any contract you have with JobsAsia, these Terms will take precedent.

(1.3) We may update and/or amend these Terms from time to time. Any changes will be notified to you via a suitable announcement on JobsAsia Website and Mobile Application. If you do not wish to accept the new Terms you should not continue to use JobsAsia Website and Mobile Application. If you continue to use JobsAsia Website and Mobile Application after the date on which the change comes into effect, you are deemed to have accepted the updated and/or amended Terms.

2 Definitions

“Advertiser” means a person or entity that is contracting to post advertisements on any of JobsAsia Website and Mobile Application.

“Design” includes the colour combinations and the page layout of JobsAsia Website and Mobile Application.

“Employer”, “Employers” or “Recruiters” means a person or entity that is accessing JobsAsia Website and Mobile Application to post a job or utilizing the JobsAsia Services for any reason related to the purpose of seeking candidates for employment.

“Employer/Recruiter Materials” includes any brochures, emails, job postings, website content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by an Employer/Recruiter, if any, for use in connection with JobsAsia Services.

“Graphics” includes all logos, button icons, and other graphical elements on JobsAsia Website and Mobile Application, with the exception of paid advertising banners.

“Candidate” or “Candidates” means a User who is accessing a JobsAsia Website and Mobile Application to search for a job or in any other capacity except as an Employer/Recruiter.

“Company Profiles” means profile created by Employers/Recruiters.

“JobsAsia” means JobsAsia International Sdn. Bhd. (1123729-T) or the company operating JobsAsia Website and Mobile Application for the country in which you live or in which business is headquartered.

“JobsAsia Content” includes all Text, Graphics, Design, Programming, information, images, video, audio files, software and other contents used on theJobers Online Website and Mobile Application.

“JobsAsia Database” or “JobsAsia Databases” includes all job advertisement posted on JobsAsia Website and Mobile Application and/or all candidates and/or employers’/recruiters’ information registered JobsAsia.

“JobsAsia Profile” or “JobsAsia Profiles” means the profile created by Candidates that may include personal information, resume, photo and other job-related information.

“JobsAsia Resume Database” or “Resume Database” means the candidates JobsAsia Profiles and resume created and/or uploaded into JobsAsia databases.

“JobsAsia Services” means any services provided by JobsAsia or its agents including : –

the provision of online jobsite, including posting and searching for employment opportunities, and creating JobsAsia Profiles and Company Profiles which may include personal information;

provision of online resume search access;

matching of job specifications with potential candidates via the JobsAsia Profiles and advising Users and/or Candidates of the positions available;

providing Employers/Recruiters with access to User recruitment management system by registering a UserAccount with JobsAsia;

providing Advertisers and/or Employers/Recruiters with other ancillary talent sourcing and advertising services including banners, electronic direct mail system, design and posting support services; and

providing Advertisers and/or Employers/Recruiters services to advertise on JobsAsia Website.

“JobsAsia Website and Mobile Application”means any website and application under JobsAsia’s control

“Profiles” means individual profiles created by Users and/or Candidates or company profiles created by Employers/Recruiters.

“Text” includes all text on every page of the JobsAsia Website and Mobile Application, whether editorial, navigational, or instructional.

“User” refers to any individual or entity that uses any aspect of the JobsAsia Website and Mobile Application and/or JobsAsia Services.

“UserAccount” means the account authenticated by username and password, to access the User recruitment management system.

“User Account Holder” refers to any User who has paid and/or registered for a UserAccount with JobsAsia and/or has access to JobsAsia Resume Database for the sole purpose of seeking candidates for employment.

“User Content” means all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by Users on or through JobsAsia Website and Mobile Application.

“You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms.

3 Registration

(3.1) To register on the JobsAsia Website and Mobile Application you must be 18years of age or above.

(3.2) You must ensure that the details provided by you on registration or at any time are correct and complete.

(3.3) You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.

(3.2) In addition, JobsAsia may use and process your Personal Data for business and activities which shall include, but is not limited to the following:-

4 Password and security

(4.1) When you register to use the JobsAsia Website you will be asked to create a password. In order to prevent fraud, please keep this password confidential; do not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us immediately.

(4.2) If JobsAsia has reason to believe that there is likely to be a breach of security or misuse of the JobsAsia Website and Mobile Application, we may require you to change your password or we may suspend your account.

(4.3) As a result of your loss of your Password or the misuse of the JobsAsia Website and Mobile Application:

all losses or damage incurred thereby shall be borne by you; and

you shall fully indemnify JobsAsia should JobsAsia suffer any loss or damage.

5 Intellectual Property

(5.1) JobsAsia Website and Mobile Application, JobsAsia Content, and all right, title and interest in and to the JobsAsia Website and Mobile Application and JobsAsia Content are the exclusive property of JobsAsia or its licensors.

(5.2) JobsAsia Website and Mobile Application and JobsAsia Content are protected by copyright, trade mark, database right and other intellectual property rights.

(5.3) You may retrieve, display, store and/or print the JobsAsia Content or the JobsAsia Website and Mobile Application only for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or JobsAsia Content on the JobsAsia Website and Mobile Application without prior written permission from JobsAsia.

6 Availability of the JobsAsia Website and Mobile Application

(6.1) Although we aim to offer you the best service possible, we cannot guarantee that the JobsAsia Website and Mobile Application will be fault-free, error-free, or that JobsAsia Website and Mobile Application and servers are free of viruses or other harmful mechanisms. If a fault occurs with the JobsAsia Website and Mobile Application you should report it to us and we will attempt to correct the fault as soon as we can.

(6.2) Your access to the JobsAsia Website and Mobile Application may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access and/or service as soon as we reasonably can.

7 Your use of the JobsAsia Website and Mobile Application

(7.1) JobsAsia hereby grants you a limited, terminable, non-exclusive right to access and use the JobsAsia Website and Mobile Application only for your personal use and/or employment purposes.

(7.2) You may not use the JobsAsia Website and Mobile Application for any of the following purposes:-

disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;

aggregating, copying or duplicating in any manner any of the JobsAsia Content or information available from any JobsAsia Website and Mobile Application, including expired job postings;

reproducing any of the JobsAsia Content for general use;

transmitting material that constitutes a criminal offence, or that breaches any applicable laws, regulations or code of practice;

interfering with any other person’s use or enjoyment of the JobsAsia Website and Mobile Application; or

making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

(7.3) You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any JobsAsia Website and Mobile Application.

8 Your use of the JobsAsia Services

(8.1) The JobsAsia Services may be used only by:

individuals seeking employment, and career and career-related information, such as education and voluntary services;

Employers/Recruiters or their agents seeking candidates for employment purposes; and

Advertisers.

(8.2) Your use of the JobsAsia Services is also subject to any other contracts you may have with JobsAsia. In the case of any conflict between these Terms and any contract you have with JobsAsia, these Terms will prevail.

(8.3) All Users agree to not:-

transmit, post, distribute, store or destroy material, including without limitation JobsAsia Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of JobsAsia’s Privacy Policy;

violate or attempt to violate the security of any JobsAsia Website and Mobile Application;

reverse engineer or decompile any parts of any JobsAsia Website and Mobile Application;

aggregate, copy or duplicate in any matter any of the JobsAsia Content or information available from any JobsAsia Website and Mobile Application, including expired job postings, other than as permitted by these Terms;

post any content or material that facilitates, promotes or endorses scams, false or misleading information or illegal activities, OR endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media, OR promotes or endorses any political views;

post any profile, resume or apply for any job on behalf of another party;

share with a third party any login credentials to any JobsAsia Website and Mobile Application;

access data not intended for you or logging into a server or account which you are not authorized to access;

post or submit to any JobsAsia Website and Mobile Application any inaccurate, incomplete, misleading, false, not up to date biographical information or information which is not your own;

post content that contains restricted or password-only access pages, or hidden pages or images;

solicit passwords or personally identifiable information from other Users;

delete or alter any material posted by any other person or entity;

harass, incite harassment or advocate harassment of any group, company or individual;

send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by you;

attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any JobsAsia Website and Mobile Application, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing”.

use the JobsAsia Services for any unlawful purpose or illegal activity, or post or submit any content, profile, resume, or job posting that is defamatory, libellous, implicitly or explicitly offensive, vulgar, obscene, threatening, harassing, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by JobsAsia’s discretion; or

post any profile or resume which is not a genuine profile or resume and which attempts to advertise or promote products or services.

(8.4) Violations of network security may result in civil and/or criminal liability. JobsAsia will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

9 Additional Terms applicable to Employers/Recruiters

(9.1) JobsAsia hereby grants you a limited, terminable, non-exclusive right to access and use JobsAsia Website and Mobile Application and JobsAsia Services for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of JobsAsia Content or materials on JobsAsia Website and Mobile Application solely for your use directly related to searching for and recruiting Candidates.

(9.2) You are responsible for maintaining the confidentiality of yourEmployer/Recruiter account, Company Profiles and passwords, as applicable.

(9.3) You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be strictly liable and/or responsible for all uses of your JobsAsia Website and Mobile Application registrations and passwords, whether or not authorized by you.

(9.4) You agree to immediately notify JobsAsia of any unauthorized use of your employer account, Company Profiles or passwords.

(9.5) Employer/Recruiter represents, warrants and covenants that any Employer/RecruiterMaterials provided by Employer/Recruiterfor use in connection with JobsASia will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trade mark, obscenity, rights or publicity or privacy, and defamation laws.

(9.6) Employers/Recruiters are solely responsible for the Employer/RecruiterMaterials on JobsAsia Website and Mobile Application. JobsAsia is not considered to be an employer with respect to your use of any JobsAsia Website and Mobile Application and JobsAsia shall not be responsible for any employment decisions, for whatever reasons, made by any entity posting jobs on any JobsAsia Website and Mobile Application.

(9.7) Employer/RecruiterMaterials may not contain: –

misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented;

names, logos or trademarks of unaffiliated companies;

inaccurate, false, or misleading information; and

material or links to material that is discriminatory, sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful, or solicits personal information from anyone under 18.

(9.7) You may not use your Employer/RecruiterMaterials to: –

post jobs in a manner that does not comply with applicable local, national laws, including but not limited to laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;

sell, promote or advertise products or services;

post any franchise, pyramid scheme, distributorship, or multi-level marketing opportunity;

advertise home-based and/or internet-based employment. (e.g. work at home jobs, part time jobs, freelance typist or job/business offers with similar operating mechanism);

promote any opportunity that does not represent bona fide employment; and

advertise sexual services or seek employees for jobs of a sexual nature.

(9.9) JobsAsia does not encourage any Employer/RecruiterMaterials on JobsAsia Website and Mobile Application that request Candidates to pay deposits, placement fees, processing fees or any other similar fees, directly or indirectly, and/or require Candidates to make purchases.

(9.10) JobsAsia does not allow job advertisements that advertise more than 1 job position in each job posting.

(9.11) JobsAsia is under no obligation to monitor the Employer/RecruiterMaterials on JobsAsia Website and Mobile Application, but JobsAsia may monitor the Employer/RecruiterMaterials at random.

(9.12) JobsAsia reserves the right to remove any Employer/RecruiterMaterials or content from any JobsAsia Website and Mobile Application, which in the reasonable exercise of JobsAsia’s discretion, does not comply with this Section, or if any content is posted that JobsAsia believes is not in the best interest of JobsAsia.

(9.13) Reposting of the same position is allowed 14 days after the job posting date to minimize resending to same users in a short time period and duplication of job advertisements on the JobsAsia Website and Mobile Application.

(9.14) If any time during your use of the JobsAsia Services, you made a misrepresentation of fact to JobsAsia or otherwise misled JobsAsia in regards to the nature of your business activities or breach any of the Terms herein, JobsAsia may terminate your use of the JobsAsia Services and in such event, any payment made by you shall be forfeited.

(9.15) You understand and acknowledge that if you cancel your Employer/Recruiter account or your Employer/Recruiter account is terminated, all your account information from JobsAsia, including saved JobsAsia Profiles and resumes, network contacts, and email mailing lists, will be deleted from JobsAsia Databases.

10 Additional Terms applicable to UserAccount Holder

(10.1) If you are registering for and/or paying for a UserAccount to, among others, access the JobsAsia Resume Database, this Section applies to you.

(10.2) You must be 18 years of age or above.

(10.3) You shall use the JobsAsia Resume Database as provided in these Terms, in any contract you have with JobsAsia, and in compliance with all laws including laws governing personal data.

(10.4) JobsAsia grants you a limited, personal, terminable, non-transferable, non-exclusive right to access JobsAsia Resume Database via JobsAsia Website and Mobile Application for the purpose of viewing and/or downloading a single copy of available JobsAsia Profiles and resumes solely for your use subject to the provisions of these Terms

(10.5) JobsAsia Resume Database is to be accessed and used solely by you. You will be provided with a unique password that will permit you to access the Resume Database.

(10.6) You shall not share your UserAccount with any other party.

(10.7) You agree that you shall not disclose any of the data from JobsAsia Resume Database to any third party, unless you are an authorized recruitment agency, or staffing agency or using JobsAsia Profiles and resume explicitly for employment purposes.

(10.8) You shall take appropriate physical, technical, and administrative measures to protect the data you have obtained from JobsAsia Resume Database from loss, misuse, unauthorized access, disclosure alteration or destruction.

(10.9) The JobsAsia Resume Database shall not be used: –

for any purpose other than as an employer/recruiter and/or on behalf of an employer/recruiter seeking employees; or

to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletter to JobsAsia Profile or resume holders or to contact any individual unless they have agreed to be contacted.

(10.10) The data obtained from the JobsAsia Resume Database shall not be kept longer than is necessary for the fulfilment of the purposes set out in this Section. In this respect, you agree and undertake to delete, destroy and/or purge such data from your records.

(10.11) You may not use JobsAsia Resume Database in any way which, in JobsAsia’s sole judgment, adversely affects JobsAsia’s business, business prospects, the performance or function of any of theJobsAsia Website and Mobile Application or JobsAsia Resume Database, or interferes with the ability of other subscribers to access the Resume Database.

(10.12) If any time during your use of the JobsAsia Resume Database, you made a misrepresentation of fact to JobsAsia or otherwise misled JobsAsia in any way or you have breached any of the Terms herein, JobsAsia may terminate your use of the JobsAsia Resume Database and in such event, any payment made by you shall be forfeited.

(10.13) JobsAsia reserves the right to limit the amount of data (including JobsAsia Profile and resume views) that may be accessed by or provided to you in any given time period. These limits may be amended in JobsAsia ’s sole discretion from time to time.

(10.14) You may use your subscription to JobsAsia Resume Database only for seeking candidates for employment. You are specifically prohibited from using information contained in JobsAsia Resume Database to sell or promote any products or services or to take any other action that is, in JobsAsia’s sole judgment, inconsistent with these Terms, misleading or incomplete, or in violation of any laws or regulations.

11 Additional Terms applicable to Candidates

(11.1) JobsAsia hereby grants you a limited, terminable, non-exclusive right to access and use JobsAsia Website only for your personal use in seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the JobsAsia Content or material on JobsAsia Website and Mobile Application solely for your personal, non-commercial use.

(11.2) When you register with anyJobsAsia Website and Mobile Application, you will be asked to create an account and provide JobsAsia with certain information including a valid email address.

(11.3) Any JobsAsia Profile you submit must be accurate, complete, up to date and not misleading. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any JobsAsia Profile and resume or material contained therein placed by you on theJobsAsia Website and Mobile Application.

(11.4) You acknowledge and agree that you are solely responsible for any consequences arising from such posting.

(11.5) JobsAsia reserves the right to offer third party services and products to you based on the preferences that you identify in your registration.

(11.6) Please see JobsAsia’s Privacy Policy, for further details regarding your information. Please note that JobsAsia reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User information. In addition, third parties may retain cached copies of User information.

(11.7) You understand and acknowledge that all information provided by you, your JobsAsia Profile, resume, and/or account information shall be disclosed to prospective Employers/Recruiters.

(11.8) You understand and acknowledge that you have no ownership rights in your account and that if you cancel your JobsAsia Account or your JobsAsia Account is terminated, all your account information from JobsAsia, including JobsAsia Profile, resumes, cover letters, saved jobs, will be deleted from JobsAsia Databases and will be removed from any public area of the JobsAsia Website and Mobile Application. However, third parties may still retain saved copies of your information which shall no longer be the responsibility of JobsAsia.

(11.9) If any time during your use of the JobsAsia Account, you made a misrepresentation of fact to JobsAsia or otherwise misled JobsAsia in any way or you have breached any of the Terms herein, JobsAsia may terminate your use of the JobsAsia Account and in such event, any payment made by you shall be forfeited

(11.10) JobsAsia reserves the right to delete your account and all of your information after a significant duration of inactivity.

12 User Content and submissions

(12.1) You understand that all User Content is the sole responsibility of the person from which such User Content originated.

(12.2) You understand and acknowledge that all information provided by you, your JobsAsia Profile, resume, and/or account information shall be stored in JobsAsia Databases and/or JobsAsia Resume Databases.

(12.3) You understand, acknowledge and consent that all information provided by you, your JobsAsia Profile, resume, and/or account information may be transferred to countries 11outside of your location for the purposes of storing and/or processing. Please see JobsAsia’s PrivacyPolicy for further details.

(12.4) By submitting, posting or displaying User Content on or through JobsAsia Website and Mobile Application, you grant JobsAsia, subject to your privacy setting, a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through JobsAsia Website and Mobile Application JobsAsia will discontinue this licensed use within a commercially reasonable period after such User Content is removed from JobsAsia Website and Mobile Application. JobsAsia reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.

(12.5) If you post User Content in any public area of any JobsAsia Website and Mobile Application, you also permit any User to access, view, store and reproduce such User Content for personal use.

(12.6) JobsAsia may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any the JobsAsia Website and Mobile Application. JobsAsia reserves the right to expel Users and prevent their further access to the JobsAsia Website and/or use of JobsAsia Services for violating the Terms or applicable laws, rules or regulations. JobsAsia may take all possible legal actions with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for JobsAsia, damage JobsAsia’s brand or public image, or cause JobsAsia to lose Users.

(12.7) JobsAsia does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does JobsAsia endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

13 Payment of fees

(13.1) All amounts owed to JobsAsia must be paid within the specified payment terms from the date of the invoice.

(13.2) JobsAsia may charge interest at 60% per annually or 5% monthly on invoice amount issued to you.

(13.3) Advertisers shall be liable for full payment of fees from the commencement of the contracts and/or sales orders. Payment must be made notwithstanding any errors or omissions in the advertisements.

(13.4) All prices quoted are exclusive of any applicable taxes unless specifically noted otherwise.

14 JobsAsia’s right to suspend, cancel and Delete your registration

(14.1) We may suspend/cancel or permanently delete your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms.

(14.2) We may suspend/close or permanently delete your registration if we believe that you are also working as Job Portal, Job matching, Job Placement and any other platform similar to JobsAsia.

(14.3) It is sole discretion of JobsAsia to inform you or not the reasoning of suspension /cancellation or permanent deletion of your account.

(14.4) You can cancel or Permanently delete your registration at any time by informing us in writing. If you do so, you must stop using theJobsAsia Website and Mobile Application immediately right after this.

(14.5) The suspension/cancellation or deletion of your registration and your right to use theJobsAsia Website and Mobile Application shall not affect either party’s statutory rights or liabilities.

15 Term and Termination

(15.1) These Terms will remain in full force and effect while you are a user of any JobsAsia Website and Mobile Application.

(15.2) JobsAsia reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from JobsAsia Website and Mobile Application and immediate termination of your registration with or ability to access theJobsAsia Website and Mobile Application and/or any other services provided to you by JobsAsia, upon any breach by you of these Terms or if JobsAsia is unable to verify or authenticate any information you submit to a JobsAsia Website and Mobile Application registration.

(15.3) Even after you are no longer a User of theJobsAsia Website and Mobile Application, certain provisions of these Terms will remain in effect, including Sections 5, 13, 15, 16, 17 and 20, inclusive.

16 JobsAsia’s liability

(16.1) JobsAsia Website and Mobile Application and JobsAsia Services act as, among other things, venues for:-

Employers/Recruiters or their agents to post job opportunities and search for and evaluate job candidates;

candidates to post JobsAsia Profiles and resumes and search for and evaluate job opportunities; and

Advertisers to post their advertisements.

(16.2) JobsAsia does not screen or censor the listings, including JobsAsia Profiles offered. JobsAsia is not involved in the actual transaction between employers/recruiters and candidates. As a result, JobsAsia is not responsible for User Content, the quality, safety or legality of the jobs or JobsAsia or resumes posted, the truth or accuracy of the listings, the ability of employers/recruiters to offer job opportunities to candidates or the ability of candidates to fill job openings and JobsAsia makes no representations about any jobs, JobsAsia Profiles, resumes or User Content on theJobsAsia Website and Mobile Application.

(16.3) JobsAsia reserves the right in its sole discretion to remove any User Content including but not limited to JobsAsia Profiles, Company Profiles, Employer Materials, or other material from theJobsAsia Website and Mobile Application from time to time. When JobsAsia exercises this discretion and there is a breach of these Terms by the User, any payment made by the User will be forfeited.

(16.4) TheJobsAsia Website and Mobile Application also provides content from other internet sites or resources and while JobsAsia tries to ensure that material included on theJobsAsia Website and Mobile Application is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content

(16.5) You assume all risks associated with dealing with other users with whom you come in contact through theJobsAsia Website and Mobile Application. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using theJobsAsia Website and Mobile Application.

(16.6) JobsAsia Website and Mobile Application and JobsAsia Content may contain inaccuracies or typographical errors. JobsAsia makes no representations about the accuracy, reliability, completeness, or timeliness of any JobsAsia Website and Mobile Application or the JobsAsia Content. The use of all JobsAsia Website and Mobile Application and the JobsAsia Content is at your own risk.

(16.7) Nothing on JobsAsia Website and Mobile Application shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web sites, products, services, hiring, experience, employment or recruiting practices, or otherwise.

(16.8) If we are in breach of these Terms, we will only be responsible for any losses that you suffer as a direct result. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.

(16.9) The aggregate liability by JobsAsia to you for all claims arising from your use of JobsAsia Website and Mobile Application and/or JobsAsia Services shall be limited to the amount of the existing package fee subscribed to and paid by you and operative at that time, or in the event you are a Candidate, shall be limited to RM100.

17 Disclaimers

(17.1) JobsAsia take all reasonable steps to ensure that the information on JobsAsia website is correct. However, we do not guarantee the correctness or completeness of material on this website. We may make changes to the material on this website at any time and without notice. The material on this website may be out of date or, on rare occasions, incorrect, and we make no commitment to ensure that such material is correct or up to date. JobsAsia shall not be liable for any loss of information howsoever caused as a result of any interruption, suspension or termination of JobsAsia Services or for JobsAsia Content, accuracy or quality of information available or transmitted through JobsAsia Services.

(17.2) The material on JobsAsia website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions, which but for these Terms may have effect in relation to this website. You acknowledge and agree that it is not JobsAsia Online’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through JobsAsia Website and Mobile Application and/or JobsAsia Services.

18 LINKS TO AND FROM OTHER SITES

(18.1) Any links to third party websites located on the theJobsAsia Website and Mobile Application are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this website, it is at your own risk.You acknowledge and agree that it is not JobsAsia Online’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through JobsAsia Website and Mobile Application and/or JobsAsia Services.

(18.2) If you would like to link to JobsAsia website, you may only do so on the basis that you link to, but do not replicate, any page on this website and subject to the following conditions:

you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

you do not misrepresent your relationship with us or present any false information about us;

you do not link from a website that is not owned by you; and

your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in

19 Advertising and Sponsorship Policy

(19.1) Part of theJobsAsia Website and Mobile Application may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on theJobsAsia Website and Mobile Application complies with relevant laws and codes.

(19.2) JobsAsia reserves the right to refuse to run any advertisements that, in JobsAsia sole discretion, are not suitable for publication on any of theJobsAsia Website and Mobile Application.

(19.3) JobsAsia will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

20 Indemnity

(20.1) You agree to defend, indemnify, and hold harmless JobsAsia, and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: –

Any User Content or other material you provide to any JobsAsia Website and Mobile Application;

Your use of any JobsAsia Content; or

Your breach of these Terms.

(20.2) JobsAsia shall provide notice to you promptly of any such claim, suit or proceeding.

21 Refund Policy

(21.1) Any refund of payment made to JobsAsia shall be at the sole discretion of JobsAsia.

22 Applicable Law

(22.1) These Terms will be subject to the laws of Malaysia.

(22.2) We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement, you may initiate legal proceedings in the courts of Malaysia.

23 International Use

(23.1) We make no promise that materials on theJobsAsia Website and Mobile Application are appropriate or available for use in your location, and accessing theJobsAsia Website and Mobile Application from territories where its contents are illegal or unlawful is prohibited. If you choose to access this JobsAsia Website and Mobile Application from your location, you do so on your own initiative and are responsible for compliance with local laws.

24 Miscellaneous

(24.1) You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.

(24.2) If you breach these Terms and JobsAsia chooses to ignore this, JobsAsia will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.

(24.3) JobsAsia shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.

(24.4) If any of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provision not affected by such invalidity or unenforceability shall remain in full force and effect.