JOBS007 TERMS AND CONDITIONS / USER AGREEMENT
Updated on [MARCH 26 2019]
Your use of Jobs007 (“the App”) is subject to the terms and conditions in this User Agreement (“the Agreement”). Please read this carefully before using Jobs007. Your use of Jobs007 indicates your consent to the terms and conditions laid out in this User Agreement.
“Jobs007” as used in the Agreement, refers to the Jobs007 Mobile App. The Agreement between you and Jobs007 governs your access to and use of the App, its basic and optional features, including a wide range of tools, content, products, services, benefits and other resources which may be available on the App.
It is important that you read and understand these terms. By downloading and using the App, you accept this Agreement. You may not use or access the App and its related services unless you agree to this Agreement. We reserve the right to close, suspend, or limit your access to the App and your Jobs007 account (“User Account”) or the services provided by us on Jobs007 (“Services”), and/or limit access to your account / the App if you carry out activities which contravene the Agreement and its associated policies incorporated by Singapore law.
REQUIREMENTS FOR USE OF THE SERVICE
The Service is available to individuals aged 18 years or older. To use the Service, you cannot be a person barred from receiving the Service under the laws of the applicable jurisdiction, namely the country in which you reside or from where you are using the Service. You must also have a valid email address and create a payment account with us (a “Payment Account”) by providing complete and accurate registration information.
If you are entering into this Agreement on behalf of a company or other organization, you represent and warrant that you have the authority to bind your company or organization to this Agreement. Your company or organization will then be considered the user that is bound by this Agreement and, in addition, you personally agree to comply with these terms and conditions as a representative of the user.
Your use of the Service requires the ability to enter into agreement and/or make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions, including all records relating to all transactions you enter into in relation to the Service, notices of cancellation, policies, and contracts. You may require certain hardware and software in order to access and retain your electronic records, which are your own responsibility.
By accepting this Agreement, you represent that you understand and agree to the foregoing and the terms stated below.
Nature Of The Service
1.1 IoTalents is an online platform that introduces Users who wish to provide professional services (“Talents”) and Users who seek such professional services (“Hirers”). You can learn more about IoTalents and its features and functions, by visiting the Site. Talents and Hirers can work together online to complete projects. Where the professional services required require a variety of skillsets, IoTalents will also allow a Talent to work with other Talents to complete the project.
1.2 The Service offered on the App is for use under a non-exclusive, non- transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Service or content (in whole or in part), access to the Service or use of the Service.
1.3 Use of the App will be at the User’s own risk. No warranty is made that the information is accurate or reliable and Jobs007 and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.
1.4 Jobs007 may change the functionality and contents of Jobs007 and its related services at any time in its discretion. Your continued use of the Service after such revisions shall constitute your consent to them.
Updates to the Agreement
2 Jobs007 may change, amend, revise, add to, or delete these terms or any portion thereof from time to time in its sole discretion. The revisions shall be effective immediately upon notice, which may be given by any means, including:
(a) posting the revised terms on the App;
(b) sending the revised terms to you by email; and/or;
(c) posting the revised terms to your address.
2.1 You will be deemed to accept the revised terms if you use the Site or the Service after it has been posted. If you do not accept the revised terms, your sole remedy is to cease use of Jobs007 and its related services.
Limitations On Use
3 You agree to use the App only for purposes as permitted by this Agreement and any applicable law, regulation or generally accepted practice in the applicable jurisdiction. If your use of the App or other behaviour intentionally or unintentionally threatens Jobs007’s ability to provide the App, Jobs007 will be entitled to take all reasonable steps to protect the App, which may include suspension of your access to the App. Repeated violations of the limitations may result in termination of your account.
Availability of the App
4 The App is currently available in the English language. Jobs007 makes no representation that the App, or any feature thereof will be appropriate or available for use in any particular location. To the extent that you choose to access and use the App and its related services, you do so at your own initiative and are responsible for compliance with any applicable laws in the applicable jurisdiction.
Your User Account (Talent)
5 You must provide your full legal name, valid email address, mobile number and any other information that may be requested in order to sign up for an account (“User Account”). You agree to update such information to keep the information current, accurate and complete at all times. You agree that Jobs007 may rely on all information provided to Jobs007 from an authorized contact person.
5.1 We may at any time require you to provide information to verify your identity before we permit you to access some or all of the features of the App and its related services. That information may include without limitation your personal identification number, a valid credit card, or other financial, business or personal information. If you do not complete account verification when requested within one (1) month of the date of our request, your account may be terminated.
5.2 You authorize Jobs007 directly or through third parties, to make any inquiries we consider necessary to validate your identity in compliance with applicable legislation and regulation, as well as for our own anti-fraud measures. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you; requiring you to take steps to confirm ownership of your email address or financial instruments; ordering a credit report; or verifying your information against third party databases or through other sources. We may ask to see your driver’s license or other relevant identifying documents.
5.3 In addition, in some circumstances we may send you a One Time Pin (OTP) through to a user’s mobile phone whose number has been specified by the user during registration. This OTP must be reported to Jobs007 during the stipulated time period. Singapore law may require that Jobs007 verify the information provided to us before allowing access to fund transfer or withdrawal services through The App. The App reserves the right to close, suspend, or limit access to your User Account and/or Jobs007 / Jobs007 Services in the event we are unable to obtain or verify to our satisfaction the information required by this clause.
5.4 Each individual user login may only be used by one person. The sharing of user logins between multiple users is not allowed. A separate individual log in must be procured for each person using the App.
5.5 You are responsible for all content activity that occurs under your account.
5.6 You are responsible for maintaining the security and confidentiality of all usernames and passwords selected for your account. Jobs007 is entitled to treat all communications that are identified by means of such usernames and passwords that are authorized by you. Jobs007 will not be liable for any loss or damage from your failure to keep your User Account and password secure.
5.7 You may not use the App for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in the applicable jurisdiction.
5.8 The violation of any of the above terms relating to the use of the Service will entitle Jobs007 to terminate your account immediately. Without limiting the foregoing, Jobs007 may also terminate the participation of a User if the User is infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for any other similar reasons.
Relationship between Users
6 Each User acknowledges and agrees that the relationship between Job007 and Users is that of independent consumers. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; (2) between Jobs007 and any User; (3) between Jobs007 and any User.
6.1 Jobs007 provides a platform for Talents and Hirers to interact, through job applications and job postings. The parties to a job application will include the Talent and the Hirer. Except for our limited role in (a) providing the virtual platform and hosting of the App to enable the Talent(s) and Hirer(s) to meet, interact, and contact with each other; (b) handling of job posting fees onto the App, (c) handling of referral fees payout, Jobs007 is not involved in any underlying contract or transaction between any Users, or between any Talent and Hirer.
6.2 Jobs007 is not a bank and does not offer banking services. Jobs007 may use the services of one or more third parties to provide the Service and process your transactions (each a “Processor“). Jobs007 does not guarantee payment on behalf of any User. Jobs007 is not a selling agent in connection with any sale by a User of services to any other User. Jobs007 has no control over the quality, fitness, safety, reliability, legality, or any other aspect of any good or service that you may purchase or sell using the Service or any Provider’s Application that you may use to access the Service.
6.3 Each User also acknowledges that Jobs007 is not acting as a trustee or fiduciary with respect to any funds or payments made by the User, but is only acting as an agent to obtain, hold and transfer the funds subject to these terms and conditions. By initiating and sending payments through the App, you appoint Jobs007 as your agent to obtain the funds and hold and to transfer such funds to a Talent or Hirer subject to these terms and conditions.
6.4 Although Jobs007 provides a virtual environment for job posting, job applications and assessment of a Talent’s suitability through skills matching, each Talent and each Hirer acknowledges and agrees that, notwithstanding any recommendation(s) made by Jobs007 of any Talent in relation to a job application, the Hirer is solely responsible for identifying and subsequently making its sole decision to contract with or work with any Talent. Jobs007 has not and will not investigate the suitability of any Talent for any particular job and the Hirer acknowledges that it bears the sole responsibility of assessing the ability of a Talent to be satisfactory in terms of employment.
6.5 Depending on their jurisdiction, Users may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this agreement is intended to override a right that by applicable law may not be excluded. However, to the maximum extent permitted by law, the liability of Jobs007 for any services it provides is limited to performing such services again.
6.6 Once a Hirer has accepted a Talent as a hire and the Talent has accepted the employment offer, the Hirer agrees to inform through the App of the successful hire made through Jobs007. This must be done through the providing of a copy of a valid employment offer letter to Jobs007. We reserve the right to investigate the confirmation of the candidate in question. Referral fees, if any, will be paid out to the referrer upon confirmation of successful placement of the referrer.
6.7 You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to them. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Hirer or Talent, or in any other use you make of the App. If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, Jobs007 has no responsibility for enforcing any rights of Users.
6.8 You are responsible for determining any and all taxes and duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for or performance of the Service, your use of the App, the sale or purchase of any products or services for a transaction, or otherwise in connection with any action, inaction, or omission by you or any affiliate of yours, or any of your or their respective employees, agents, contractors, or representatives (“Taxes“). You also are responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We may provide you a means for you to determine and apply taxes to your transactions, but we and our Affiliates are not obligated to determine whether Taxes apply and are not responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from any transaction.
6.9 Jobs007 does not offer any form of insurance or other professional or business protection which will assist you, because the App merely provides the online venue for Users to offer, sell, and buy job postings and apply for jobs, and we are not otherwise involved in the transactions and interactions between Talents and Hirers. Because user identification on the Internet is difficult, we cannot and do not confirm each User’s purported identity.
Services provided by Jobs007
7 Jobs007 acts as an online venue to allow Users to 1) view, shortlist, and apply for jobs (Talent), 2) refer their network to the App and / or specific jobs (Talent), 3) post jobs, receive job applications (Hirers). As a result you acknowledge and agree that Jobs007 has no control over the quality or legality of the Users on our Site, or the ability of Talents to provide the services or the Hirers to pay for the services. We do not guarantee a User’s competency or act lawfully using the App and / or during employment.
7.1 Some of the content provided at the App may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with qualified professional(s) in the pertinent field(s). All of the information that Jobs007 provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.
7.2 The App is a dynamic time-sensitive mobile application. This means that the information on the App will be changed frequently.
7.3 The App provides unmonitored access to third-party content. The Site is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this App, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. The App may contain links to third-party web sites. Jobs007 does not control nor always review the web sites to which we link from the App. Jobs007 therefore cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the App, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
7.4 Jobs007 does not have the resources nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. Jobs007 expects that the User will undertake necessary activities and practices and will use caution and common sense when using the App for User’s Account.
8 You agree and acknowledge that unless explicitly requested otherwise, Jobs007 may display your company name, logo and public description of your projects and profile as part of the App, functions and / or other Jobs007 marketing materials.
Jobs007 Referral Incentive Program
9 Your use of the Jobs007 mobile application (“Jobs007”, “the App”) and its related contests and programs are subject to the terms and conditions (“T&Cs”) in this User Agreement (“the Agreement”). By participating in the Jobs007 Referral Incentive Program (“Program”), you are deemed to have read, understood, and agree to be bound by these T&Cs.
9.1 Jobs007 reserves the right to change, amend or remove any part of these T&Cs, the Program and the App without prior notice. Failure to comply with these T&Cs may result in disqualification, at any stage of the Program.
9.2 The Jobs007 Rewards Program is a function of the Jobs007 mobile app, designed to give users the chance to accumulate points through various actions, such as referring a friend to the App. These points can then be exchanged for rewards. The Program is also designed to incentivise users to refer jobs to their network, with rewards in place for referrers who refer a successfully placed candidate.
9.3 The Jobs007 Rewards Program is open only to active users of the Jobs007 Mobile App. Users with suspended accounts, or accounts locked pending investigation will not be allowed to participate in the Program. Jobs007 reserves the right to decide if a user qualifies for the Program.
9.4 All personal information submitted through the App must be accurate and complete, and are subject to check and proof upon request by Jobs007. Jobs007 reserves the right to verify the validity of user information and to disqualify any user from the Program, and by extension, usage of the App, if the user(s) does not submit information in accordance with these T&Cs.
9.5 All Jobs007 users are to only have one account to their name per Account Type (Talent or Hirer). No duplicate and/or multiple accounts are allowed. Jobs007 reserves the right to freeze, remove and forfeit all rewards earned on any violating accounts. Jobs007 reserves the right to suspend or remove any accounts we determine to be fake, spam and duplicates, without prior notice.
9.6 Jobs007 reserves the right, at any time in its sole and absolute discretion, to substitute, withdraw, alter or add to any of the rewards and prizes (collectively, “rewards”) without notice to all participants and users.
9.7 All users participating in the Rewards Program must be of legal age (18 years and above) and must be a Singaporean or Permanent Resident currently legally residing in Singapore. Prizes earned by a participant that does not meet any of the above criteria will be be forfeited at Jobs007’ sole discretion.
9.8 Each job posts posted on Jobs007 is entitled to ONE referral payout only. This referral payout will be awarded to the referrer who referred the selected candidate to the app. Referral payouts will only be awarded after the period of 90 days after the successful placement of a referred candidate.
9.9 Jobs007 reserves the right to modify, change and / or remove the referral payouts, rewards systems, and points systems without prior warning.
9.10 Employees, directors and shareholders of IoTalents Pte Ltd and their immediate family members are eligible for job referral rewards, unless decided otherwise by the management of IoTalents / Jobs007.
9.11 All prizes that are redeemed are awarded in Singapore only.
9.12 Reward points are not for sale and are not transferable.
9.13 Rewards must be collected within 12 weeks from the time of redemption. Uncollected prizes are void beyond the stipulated 12-week collection period. Jobs007 reserves the right to deal with uncollected prizes in any manner as it deems fit.
9.14 Rewards and prizes are not for sale and non-transferable. Non-cash prizes are not exchangeable for cash. If Jobs007 is unable to provide the prizes due to factors beyond Jobs007’s control, Jobs007 reserves the right to substitute the prizes for those of equal value or more.
9.15 Acceptance of reward(s) constitutes consent by a prize winner and his/her companions to use the prize winner’s and his/her companion’s entry, names, video footage, voices by Jobs007 for the purpose of editorial, advertising, promotions, marketing and/or other purposes, without further compensation, in any media for an unlimited period of time, except when forbidden by law.
9.16 Jobs007 shall not be held responsible and/or liable for any delay or failure to award prizes to winners, if such delay or failure is caused by circumstances beyond the reasonable control of Jobs007, including without limitation: delays, changes, natural disasters, acts of terrorism, war, accidents, natural catastrophes.
9.17 Jobs007 shall not be held liable for any loss, injury, damage to property and death resulting from or related to a user’s participation in the use of Jobs007 and the Rewards Program.
Consent to Contact
10 Jobs007 primarily communicates with you via the App, and the email address which you have provided to us. By registering for the Service and accepting the terms of the Agreement, you consent to receive notices electronically from Jobs007 (your “Consent“). You agree that Jobs007 may provide all communications and transactions related to the App, its related services and your User Account, including without limitation agreements related to the Service, amendments or changes to such agreements, or any Policies, disclosures, notices, transaction information, statements, policies (including without limitation notices about our Privacy Notice), responses to claims, and other customer communications that we may be required to provide to you by law (collectively, “Communications“) in electronic format. Additionally you consent to being contacted by electronic means by Jobs007 for the marketing of campaigns, offers, new products or services.
10.1 Communications may be posted to the App or sent by e-mail to the e-mail address we have on file for you, and all such Communications will be deemed to be in “writing” and received by you when sent to you. You are responsible for printing, storing, and maintaining your own records of such Communications. You must send notices to us at the designated e-mail address(es) on the App or through the submission forms on the App. We reserve the right to discontinue or modify how we provide Communications. We will give you prior notice of any change. Your continued Consent is required to use your User Account. To withdraw your Consent, you will need to close your User Account.
10.3 It is your responsibility to ensure that your e-mail address is accurate and remains current. To ensure that we are able to provide you with important Communications, you must update us with any change in your e-mail address. The scope of this Consent applies to the e-mail address that we currently have on file for you. Communications will not be distributed in paper unless you contact us and request a paper version of a particular document. We reserve the right to charge you a handling fee for any notices that we physically mail to you at your request or because your e-mail address fails.
11 You agree to pay the applicable fees listed on Jobs007’s Fee Schedule (“Fees”) whenever you use the App for job posting services.
11.1 Jobs007 earns a certain number of Fees for the posting of jobs by Hirers through the App. The fees go into the creating, hosting, maintaining, and providing of the App, for providing all services provided by Jobs007 that are accessible through the App and to cover expenses and fees Jobs007 incurs to banks, credit card companies and payment processors.
11.2 Jobs007 charges Fees in relation to the posting of a job requested by a Hirer. The aforementioned fee is non-transferable and non-refundable. Jobs007 reserves the right to change, modify, remove, amend any service fee(s) without prior notice.
11.3 Jobs007 will require a Hirer to pay the full job posting fee per job posting. The Payment will entitle the Hirer to have a job posting be open and listed on Jobs007 for a total period of 60 days. After the initial 60 days, Hirers must pay the full job posting fee to run the job post again.
11.4 Jobs007 reserves the right to change its Fees anytime. All fees will be charged in Singapore dollars unless otherwise specified. Any monies received from an account having made a fraudulent payment (e.g. from a stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your Jobs007 Account or face termination and any other remedies available to Jobs007 to recover the monies.
11.5 Upon the successful referral of a candidate, the referrer will be entitled to a monetary reward, determined by Jobs007.
11.6 We do not store credit card information. It is handled by third party payment processors.
11.7 Referral monies paid are not refundable.
Inactive User Accounts
12 Jobs007 has the right to inactive users’ accounts if users have not used them for a long time.
13 Users may request that their user account be deactivated.
14 You acknowledge and agree that Jobs007 will be entitled to recover any chargebacks that may be imposed on Jobs007 by a credit card issuer on funds paid to you by Hirers through the Site. A chargeback occurs when a Hirer rejects or reverses a charge on his or her credit card through the credit card issuer. You agree that Jobs007 may reverse any such payments made to you, which are subject to chargeback via a credit card issuer. To cover the cost of processing chargebacks, Jobs007 assesses a ? fee to Users for credit and debit card payment chargebacks. (Don’t think we need this)
Hold on funds
15 Jobs007 in its sole discretion, may place a hold on any or all of the payments you receive when Jobs007 believes there may be a high level of risk associated with you, your User Account, or any or all of your transactions. If Jobs007 places a hold on any or all of the payments you receive, you will be provided with notice of our actions and the way in which to resolve the issue. If you are involved in a dispute, in certain circumstances Jobs007 may place a temporary hold on the funds in your account to cover the amount of any potential liability. If the dispute is resolved in your favor, Jobs007 will lift the temporary hold. If you lose the dispute, we may remove the funds from your Account.
16 You are allowed to post, upload, input or submit materials, information, including text and graphics, data files, photographs, images, (collectively referred to as “User Content”) to the App. An example of such User Content is the user’s profile information.
16.1 All User Content is the sole responsibility of the person from whom such User Content originated. This means that you, and not Jobs007 nor Jobs007, are solely responsible for any User Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service.
16.2 Jobs007 does not control the User Content provided to Jobs007 nor does it guarantee the accuracy, integrity or quality of such User Content. You understand and agree that your use of the Service and submission of User Content is solely at your own risk.
16.3 You agree that Jobs007 is not responsible for User Content, or other third party information that may be provided to you through the App. In addition, Jobs007 / Jobs007 may provide, or third parties, may provide on the Site, links to other world wide web or mobile sites or resources, and you agree that Jobs007 is not responsible for such links or information obtained from these links.
16.4 Notwithstanding the above, Jobs007 reserves the right to reject, approve, or modify User Content at the discretion of the administrators of the App.
16.5 User represents and warrants to Jobs007 that User’s content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libellous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
16.6 By submitting User content to the App (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a project; sending messages through or to the Site), you hereby grant to Jobs007 a worldwide, exclusive, sub-licensable, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of IoTalents.com (such as a portfolio of sample works hosted on Your own web site) will not be considered “submitting” such content for purposes of this license grant.
16.7 By using the App, you acknowledge that you transfer copyright of the feedback, reputation and reviews you leave for other users to Jobs007 (“Feedback”). You acknowledge that this Feedback belongs solely to Jobs007, notwithstanding that we permit you to use it on our App while you remain a User. You may not use it or deal with it in any way inconsistent with Jobs007’s policies as posted on the Site from time to time, without our prior written permission.
16.8 You may not do (or omit to do) anything that may undermine the integrity of the Jobs007 system. We are entitled to suspend or terminate your User account at any time if we, in our sole and absolute discretion, are concerned by any feedback, comments or reports made about you, or your feedback is considered to be problematic to Jobs007.
17 Users are prohibited from advertising a website on the App. Any Uniform Resource Locator (“URL”) posted in a bid, project description, or the message board, must relate to a page on the App. An example of a permissible URL would be a User’s portfolio or resume page.
17.1 The User agrees that:
(a) All Users of Jobs007 are strictly forbidden from redistributing any of the content of the App, including but not necessary limited to private messages, documents and support tickets;
(b) The User will not use the User’s Account to post false or misleading job descriptions;
(c) The User will not post profile, job and / or company descriptions that, in the judgment and discretion of Jobs007, are inappropriate to Jobs007 and Jobs007 Users and viewers;
(d) The User will not falsify its own or any other identity;
(e) The User will comply with all of Jobs007’s and Jobs007’s policies as posted on the Site and App from time to time.
(f) The Talent will not redistribute any of the content of the Site, including but not necessary limited to private messages, documents, support tickets;
(g) The Talent will not falsify the Talent’s own or any other identity;
(h) The Talent will comply with all Jobs007’s policies as posted on the App from time to time.
(i) The content and information on the App (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to Jobs007. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this App.
17.2 You also agree not to:
(a) use this App or its contents for any commercial purpose other than the intended job posting transaction;
(b) access, monitor or copy any content or information of the App and its related services, including but not limited to Jobs007.com and related media, using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(c) violate the restrictions in any robot exclusion headers on this App or bypass or circumvent other measures employed to prevent or limit access to this App;
(d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(e) deep-link to any portion of this App for any purpose without our express written permission;
(f) “frame”, “mirror” or otherwise incorporate any part of this App into any other website without our prior written authorization; or
(g) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the App or the services.
17.3 Users agree that:
(a) Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the App or the content contained therein without the prior written permission of Jobs007;
(b) Users will not distribute unsolicited commercial messages (“spam”) through the User’s Account;
(c) Users will not contact Hirers or Talents through the App or through information gained from our App with the intent of subverting them from using our Services;
(d) Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices;
(e) Users will not create multiple user Accounts for any reason, or under any circumstance;
(f) If you create a job posting, you cannot create another Account to bid on it, nor can you award yourself that job.
18 Users found to have violated the Agreement will have their accounts terminated and will not receive any credit or payment from Jobs007.
18.1 Without limiting Jobs007’s other remedies, to the extent you are in violation of this User Agreement, you must pay Jobs007 for all Fees owed to us and reimburse us for all losses and costs (including any and all Jobs007 employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such Fees.
18.2 You and Jobs007 agree that the damages that Jobs007 will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and Talents, but may be extremely difficult and impracticable to ascertain.
18.3 You agree that Jobs007 is entitled to deduct such charges directly from any existing balance in the offending Jobs007 Account, or any other Jobs007 Account owned by you.
18.4 Users that are terminated by Jobs007 on any basis other than violation of this User Agreement will not be entitled to receive any payment due from Jobs007.
18.5 In the event of termination, you will have no claim whatsoever against Jobs007 in respect of any such suspension or termination of your membership.
19 Jobs007 / Jobs007 does not provide dispute resolution services, legal services, or legal advice to Users. In the event of a dispute, Users may seek advice from their own independent legal counsel.
19.1 If a dispute arises between Users (for example between a Hirer and a Talent), the Users are encouraged to first negotiate with each other to resolve the dispute amicably.
19.2 You agree to indemnify and (to the maximum extent permitted by law) hold Jobs007 and any of our affiliates harmless against any damages or liability you may suffer as a result of using the App, the IoTalents Site, and / or any of our related services as a result of your dispute with another User.
Privacy and Confidentiality
20 For the avoidance of doubt, you hereby consent that the information provided by you to Jobs007 will be processed by Jobs007 in order to fulfill the Agreement and to make the App and its associated functions and services available to you. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between Jobs007 and any associated entity. At such transfer, personal data may be transferred outside Singapore. By entering into this agreement, you hereby consent such processing of your personal data as set forth above, including processing of your personal identification number, and hereby give such consent as required by the Personal Data Protection 2012 Act of Singapore. The consent hereby given can in whole or in part be withdrawn by giving written notice to us. Should you choose to withdraw your consent, and such withdrawal should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate your account. Should you require further information regarding our processing of your personal information, please contact us at [email protected]
20.1 We may collect and use your personal data for any or all of the following purposes:
(a) performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;
(b) verifying your identity;
(c) responding to, handling, and processing queries, requests, applications, complaints, and feedback from you; 4 SAMPLE CLAUSES AND TEMPLATES FOR CUSTOMERS (published 17 October 2017)
(d) managing your relationship with us;
(e) processing payment or credit transactions;
(f) sending your marketing information about our goods or services including notifying you of our marketing events, initiatives and promotions, lucky draws, membership and rewards schemes and other promotions;
(g) complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
(h) any other purposes for which you have provided the information;
(i) transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and
(j) any other incidental business purposes related to or in connection with the above.
20.2. We may disclose your personal data:
(a) where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services requested by you; or
(b) to third party service providers, agents and other organisations we have engaged to perform any of the functions listed in clause 5 above for us.
(c) where such disclosure is required to comply with the law, or any court orders applicable to Jobs007, or if you have given us your express content to do so
20.3 The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).
21.1 Jobs007 is a trademark of IoTalents Pte Ltd. Copyright rights belongs to the owners of Jobs007.
21.2 The content and compilation of content included on the App, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, insofar that they were authored by Jobs007’s employees, are the property of Jobs007 and are protected by Singapore and international copyright laws.
21.3 You may contact us at [email protected] if you wish to submit any complaint or notice of copyright infringement.
22 For the avoidance of doubt, the Services, the App and all content provided on the App are provided on an as-is basis and without warranties of any kind either express or implied. Without limiting the foregoing, Jobs007 does not represent or warrant that:
23 To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non- infringement. For example, consumers (as defined by consumer protection laws of Singapore) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Singapore. If you are considered a consumer under Singapore consumer protection law that applies to Jobs007.com, you will be entitled to the benefit of certain warranties under that legislation. For more information please check the Singapore Consumer Protection (Fair Trading) Act.
23.2 To the extent that Jobs007 is able to limit the remedies available under this User Agreement, Jobs007 expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Jobs007’s sole discretion):
(a) In the case of goods, any one or more of the following:
(b) In the case of services:
24 However, if you are considered a consumer under a Singapore consumer protection law that applies to Jobs007, and you use our Services for personal, domestic or household use, the above clause may not apply to you. For more information please check the Singapore Consumer Protection (Fair Trading) Act.
Limitation of Liability
25 In no event shall Jobs007, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
Dispute between you and Jobs007
26 If a dispute arises out of or in connection with this Agreement between you and Jobs007, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
26.1 The tribunal shall consist of one arbitrator, and the language of the arbitration shall be English.
27 You agree to indemnify and hold Jobs007 and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of the Agreement or your violation of any law or the rights of a third party.
28 Any dispute arising out of or in connection with the Agreement shall be governed by the laws of the Republic of Singapore.
29 The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by Jobs007.com to a third party without your consent in the event of a sale or other transfer of some or all of the assets of Jobs007.com. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.