Terms and Conditions

Last Updated 31 August 2017
 

1.            General Terms and Conditions of Use

Welcome to www.AsiaHospitalityCareers.com, a website owned and operated by AHC Corporation Limited (“AHC”, “Company”, We”, “Us”, “Our”) and its subsidiaries/affiliates.
 
Please read this agreement carefully before accessing or using the contents and services provided on the Site (as defined below).  By accessing or using the Site, you agree to be bound by the terms and conditions below and the Privacy Policy Statement.  Additionally, Advertisers (as defined below) must accept and adhere to the Advertisers Terms and Conditions
 
If you do not agree with these Terms and Conditions, the Advertisers Terms and Conditions (applicable to Advertisers) or the Privacy Policy Statement, please do not use the Site.
 
We reserve the right to modify the Terms and Conditions and the Privacy Policy Statement at any time by publishing the updated version on the Site. You are advised to review them periodically.  Your continued access to the Site and usage of services provided on the Site will constitute your acceptance of all modifications and they shall be binding upon you. 

 
 
2.            Definitions

In these Terms and Conditions, the following expressions shall have the following meanings unless the context otherwise requires: -
 
Advertiser(s)” means a company or organization who places job or other advertisements or promotes job related activities via the Site, including but not limited to any Employer.
 
Authorized Employer(s)” means an Employer who has subscribed to Job Seeker Search services and is authorized by AHC to access and search through AHC’s Database of Job Seekers and their Information.
 
Contents” means 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.
 
Database” means the Company’s database of all Job Seekers’ Information gathered through the Site.
 
Employer(s)” means a User including any employer or any recruitment agency, who places job advertisements and/or promotes job related activities via the Site.
 
Information” means all personal data (as defined in the PDPO) and information of any User, including those submitted by a Job Seeker to the Site either through the registration process and/or through uploading a resume.
 
Job Seeker(s)” means a User who uses the Site for job seeking purposes, has registered and/or uploaded a resume on the Site.  Only Job Seekers can fully benefit from the services offered on the Site.
 
PDPO” means the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of the Hong Kong Special Administrative Region of the People’s Republic of China.
 
Site” means the website located at www.AsiaHospitalityCareers.com across desktop, mobile, tablet and apps and including sub-domains.
 
Users” or “you” means any individuals and/or entities accessing and/or using the Site at any time for any reason or purpose unless the context otherwise provides.
 
 

3.            Acceptable Uses of the Site - Job Seekers

a.    Job Seekers agree to safekeep their Login Name and Password and accept sole responsibility for the confidentiality of such login name and password.  Job Seekers also agree to notify AHC immediately of any unauthorized use of their account on the Site.
 
b.    Job Seekers agree to only submit to the Site Information that is legal, decent, non-discriminatory, complete, accurate and truthful.  Job Seekers are solely responsible for all Information submitted.  AHC reserves the right to reject, disapprove or edit any part of the Job Seeker’s Information as it sees appropriate which AHC reasonably believes that such Information are inaccurate, false, illegal, unlawful, infringe copyright, trademark / trade secret or infringe any other intellectual property rights.
 
c.    Job Seekers agree to only use the Site for the genuine purpose of seeking employment. 
 
d.    For any job advertisement posted by Employers on the Site, Job Seekers agree to only apply to such job advertisement through the Site for the genuine purpose of seeking employment.   Job Seekers acknowledge that, under no circumstances, will AHC be held responsible for such Employers and the way they use, store, share and retain Job Seekers’ resume and/or other Information obtained through the Site.  Job Seekers may, at any time, limit their Information on the Site by accessing their account and/or stop using the Site.  Job Seekers may also, at any time, terminate their account on the Site by sending written requests to AHC.  Please refer to the Company’s Privacy Policy Statement for details.
 
e.   Job Seekers acknowledge and agree that Information submitted to the Site may be accessed by Authorized Employers who have subscribed to the Job Seeker Search services from AHC for the purpose of seeking suitable Job Seekers for employment.  Although AHC will only grant access to the Database to Authorized Employers and authorized personnel of AHC, AHC does not warrant or guarantee that other parties will not, without the Company’s consent, gain access to the Database. Job Seekers acknowledge that such Authorized Employers and other parties may have retained a copy of Job Seekers’ resume and/or other Information. In no event, will AHC be responsible for the retention, use or privacy of resumes in these instances, or for the use or privacy of resumes by any of such parties. AHC will not be responsible or held liable in any way if any Authorized Employer or other User, is in breach of the Terms and Conditions, whether in Hong Kong or elsewhere, uses the Job Seeker’s Information or materials for any purpose other than for recruiting potential employees.  Job Seekers may, at any time, limit their Information on the Site by accessing their account and terminate their account on the Site by sending written requests to AHC.  Please refer to the Company’s Privacy Policy Statement for details.
 
f.    Job Seekers agree and accepts that Information submitted to the Site is of their own volition and at their own risk.  Job Seekers acknowledge that such Information will remain active on the Site and be stored in the Database until such time when the Company receives a written request to terminate their account on the Site.  Job Seekers acknowledge that deleted records may be stored by AHC in testing or backup systems for a period of time.  All Information submitted by Job Seekers will be subject to the Company’s Privacy Policy Statement.  

 
 
4.            Acceptable Uses of the Site - Advertisers including Employers and Authorized Employers

a.      Advertisers agree to only use the Site for lawful purposes and promoting any job-related activities or posting any job advertisements.
 
b.      Upon payment of service fees to AHC or upon acceptance of any free trial offer, Employers will be entitled to advertise job vacancies and to maintain their “Employer” webpage on the Site for a specified period of time.
 
c.       Advertisers will be solely responsible for the contents and materials contained in their advertisements and on their “Employer” webpage on the Site. 
 
d.      Upon payment of the service fees to AHC and/or upon other terms and conditions (if any) from time to time prescribed by AHC, Authorized Employers will be entitled to access the Database but agree that all Information obtained as a result of such access will only be used for the sole purpose of seeking suitable Job Seekers for employment and that such Information will not be disclosed to any other parties or used for any other purposes without the prior consent of Job Seekers concerned. 
 
e.       Advertisers acknowledge and agree that they will disregard any Job Seekers’ Information received through applications or obtained through the Database which is irrelevant to seeking suitable Job Seekers for employment.
 
f.       AHC reserves the right to terminate any services offered to any Advertiser and to remove or edit, or require the removal or amendment of, any advertisement and/or “Employer” webpage, or to terminate or suspend the Advertiser's access and use of the Site and/or services offered on or through the Site, at the Company’s sole discretion, without any compensation or recourse to the Advertiser in the event that the Advertiser or the contents of the relevant advertisement and/or “Employer” web page is or are in breach of any of the provisions herein or any of the provisions in any other agreements with AHC.
 
g.      AHC 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 Advertiser fails to pay the service fee or any other fees or charges due to AHC, AHC reserves the right to suspend or terminate the “Employer” web page and/or job advertisement and/or right to access the Site and/or the Database, without prejudice to all other rights and remedies available to AHC.

 

5.            Acceptable Uses of the Site - All Users

a.            All Users agree not to use the Site in any manner that infringe the rights of or restrict or inhibit the use and enjoyment of the Site by any third party.  Such restriction or inhibition includes, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal operation of the Site.
 
b.            All Users agree not to use the Site to 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.
 
c.          All Users agree not to use the Site to transmit, publish, upload, post, circulate or store any material which is unlawful, harmful, threatening, harassing, defamatory, obscene, libelous, abusive, hateful, false, illegal, improper or is otherwise offensive or objectionable.
 
d.            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 email, including promotions and/or advertisements for products or services. Violations of system or network security may result in civil and/or criminal liabilities.
 
e.            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 your own website or in any other publication, except with AHC’s prior written consent.
 
f.             All Users agree not to purposefully or deliberately overload the system of the Site.
 
g.           All Users agree not to transmit any computer virus, trojan horses, worms, corrupted files or any damaging materials or program to the Site 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.
 
h.            All Users agree to only refer job advertisements on the Site to persons they know who may need such information for the purpose of seeking employment, to not use such information for other purposes, and to not abuse this function.
 
i.              All Users shall not delete, revise or remove any material posted by any other person or entity.
 
 
6.            Minors

If you are under the age of 18, or you are considered a minor or not being capable of assuming legal responsibility, you are not allowed to use the Site if you might incur any legal obligations or liabilities in doing so.  If you wish to view and access the Site, you should seek advice from your parents or guardians as to the meaning and consequences of these terms and conditions.  The Company presumes that every User of the Site is of legal age. The Company is not obliged to verify your age but in the event, it is discovered that any User of the Site is not of legal age, the Company reserves the right as may be available against such Users, or the parents or guardians of such Users, including the right to terminate access to the Site.
 
 
7.            Intellectual Property Rights

All Contents of the Site are the intellectual property of AHC or its licensors and are protected by copyright, trademark, patent and other intellectual property laws.   Except as otherwise provided in this paragraph, Users are prohibited to copy, reproduce, transmit, publish, disseminate, distribute, publish, broadcast, circulate, store (in any medium), display, modify, sell or transfer, create derivative works from, or in any way exploit any of the Contents.  Users acknowledge and agree that the Contents are solely made available and may be downloaded or copied for their personal non-commercial use.  Users do not have any right, title or interest in or to any of the Contents as a result of such downloading or copying.
 
AHC 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 Advertisers) to the use of the Contents or any part thereof shall not in any way exonerate the Users from the restrictions or prohibitions imposed hereunder in whatsoever manner.
 
 
8.            Responsibility
 
AHC reserves the right to monitor the Site and its Contents at any time, but is not obliged to do so.  AHC takes no responsibility whatsoever for any material on the Site that is not posted by AHC or is otherwise posted by AHC on behalf of a User.
 
All Users acknowledge and agree that they are fully responsible for the form, content and accuracy of any resume, information, data, advertisement, webpage and/or material submitted by them to AHC or that is otherwise posted by them on or through the Site.  AHC does not warrant that any resume, information, data, advertisement or webpage will be viewed by any specific number of Users or will be viewed by any specific User or will result in successful recruitment of personnel.  AHC will not in any way be considered an agent of either Advertiser or Job Seeker with respect to any use of the Site.  AHC will 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 advertisements on the Site.
 
Whilst AHC has endeavored to provide a quality service to all Users, 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, AHC will 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, AHC 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.
 
 
9.            Own Risk
 
All Users use the Site and any other websites accessed through it, entirely at their own risk. 
 
All Users will be responsible for their own communications and are responsible for the consequences of their activities on the Site.  AHC 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 will be at their own risk.  AHC reserves the right to expel any Users and prevent their further access to the Site at any time for breaching these 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 the Company’s sole discretion without notice and/or consent whatsoever.
 
 
10.          Links to Third Party Websites
 
The Site may contain links to third-party websites. These are provided solely as a convenience to Users and not in any way as an endorsement by AHC of the contents on such third-party websites.  If Users access any linked third-party websites, they do so entirely at their own risk.  AHC will not be responsible for the contents of any third-party websites linked to the Site and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party websites.  AHC will 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 materials posted on the Site by any User may be viewed by users of other websites linked to the Site and AHC will not be responsible for any improper use by any User or third-party other than AHC of any data or materials posted on the Site.
 
 
11.          Indemnity
 
All Users agree to indemnify, and hold harmless AHC and its officers, directors, employees, agents, proprietors, partners, representatives, shareholders, attorneys 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 will be in addition to all other obligations of Users under the Terms and Conditions, and will not prejudice any other rights or remedies available at law to AHC.
 
 
12.          Disclaimer
 
To the fullest extent permitted by applicable law, AHC and its 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.
 
 
13.          Dealing with Advertisers
 
User's correspondence or business dealings with, or participation in promotions organized by, any Advertiser found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Advertiser.  You agree that AHC will 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 Advertiser on the Site.
 
 
14.          Dealing with Other Users
 
Although AHC uses its best endeavors to provide impartial job seeking and recruitment services, and represents a medium supporting information exchanged between Advertisers and Job Seekers, AHC will not be involved in dealings or disputes between Job Seekers and Advertisers and AHC will not be responsible or held liable for the quality, security and legitimacy of the recruitment service.
 
AHC does not warrant or guarantee the accuracy of Information and/or resumes provided by Job Seekers or of job advertisements provided by Employers.  AHC will not be responsible for the Employer's ability to pay relevant remuneration to the Job Seeker or the Job Seeker’s competency in a job offered by the Employer. 
 
Any disputes arising between Advertisers and Job Seekers should be resolved between themselves and AHC will not be held responsible and liable for any disputes thereof.
 
 
15.          Limitation of Liability
 
Without prejudice to the above and subject to the applicable laws, the aggregate liability of AHC to any User for all claims arising from or relating to his/her use of AHC’s services and the Site shall be limited to the fees received by AHC in respect of the services giving rise to such claims.
 
 
16.          Termination
 
In the event that any information provided by the User is inaccurate, in breach of any laws or contains indecent elements, AHC will instantly revoke the User’s account and registration 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.
 
AHC reserves the right at any time to immediately terminate or suspend any User’s account or access to the Site without notice, where AHC is of the opinion that the User has breached any of these Terms and Conditions or violated any law or regulation, and to take further action as AHC in its sole discretion considers appropriate, desirable or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate.
 
AHC reserves the final right and absolute discretion to decide whether the User and/or the Job Seeker and/or Advertiser has breached any of these Terms and Conditions.  In case AHC has not exercised the right under this Clause, it shall not be deemed to be a waiver.
 
 
17.          Modification or Suspension of Access or Site
 
AHC 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.  AHC will not be liable to Users or to any third party for any such modification, change, suspension, discontinuation or restriction.
 
 
18.          Security Measures
 
AHC 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 Job Seekers and that access to and processing of the personal data by such persons is on a “need-to-know” and “need-to-use” basis.  AHC will use its reasonable endeavors to protect Job Seekers’ personal data against any unauthorized or accidental access, processing or erasure of the personal data.
 
 
19.          Force Majeure
 
Without prejudice to the provisions of these Terms and Conditions limiting or disclaiming liability, AHC 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.
 
 
20.          Entire Agreement
 
These Terms and Conditions, together with the Advertisers Terms and Conditions (applicable to Advertisers only) and the Privacy Policy Statement, will constitute the entire agreement between User and AHC relating to his/her/its 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. The Advertisers should also comply with any purchase agreement executed with AHC.
 

21.          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 these 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 these 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 these Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
 
 
22.          Variation of Terms
 
AHC may vary these terms at any time. If AHC varies these terms, it will provide notice by publishing the varied terms on the Site.  You accept that by doing this, AHC has provided you with sufficient notice of the variation to these terms.  Your continued access to the Site and usage of services provided on the Site will constitute your acceptance of all modifications and they shall be binding upon you. 
 
 
23.          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 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:
 
a.            The appointing authority shall be Hong Kong International Arbitration Centre (“HKIAC”).
b.            The place of arbitration shall be in Hong Kong at HKIAC.
c.             There shall be only one arbitrator.
d.            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.

 
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