These terms define the condition for the business contracted between Seekers services under Agensi Pekerjaan Job Search Asia Sdn Bhd and the Registered users (“introducer”), regarding all of service in Seekers (“The Service”) provided by Agensi Pekerjaan Job Search Asia Sdn Bhd (“The Company”). Please read The Term carefully before registering for The Service as the introducer.
1. The intent and purpose of The Term
The purpose is to define outsourcing contract between The Company and the introducer with specifying the condition of basic contract, when intoducer register the service, deems introducer agree this Terms of Service which is our outsourcing contract.
In The Service, Introducer gets engaged in the introducer work in the scope of The Company’s job searching service and conduct the introducer work by following the instruction of The Company’s response person for the job search service.
The words in The Term are defined as following.
The person who registers for the introducer by following the instruction defined in the article 3, agrees on the introducer contract as a introducer with The Company, acquires the recruitment information from the registered corporations, and introduce contact information of The candidate to The Company. And the person should not divert/disclose any confidential information and private information which belongs to their current/previous company.
“The registered corporation”
Based on the contract with The Company (defined in the following article), the corporation or organization register recruitment information in The Service.
The person whom the introducer introduces to The Company.
“The introducer work”
Based on The Term, a generic term of the works the introducer conducts.
The information the introducer can access through The Service such as sentences, pictures, videos, voices, music and sounds, image, software, program, code and so on.
“The Company’s contents”
The recruitment information of the registered corporations The Company provides the introducer in The Service, and all of the information provided by The Company regarding this recruitment information.
“The introducer’s contents”
In “The contents” in item 5 above, all of the information the introducer himself posts by using The Service or any other methods.
3. Introducer Registration
The person is willing to register as a introducer is able to process introducer registration in The Service, by providing consent to follow The Term and providing registration information to The Company by following the method defined by The Company.
In case of registering personal information (The registration information) to use The Service, the introducer is obligated to provide a honest and accurate information. In case there are any incorrect contents or needs to change the contents, the introducer modifies or changes the registration information immediately under his own liability.
In case the notification from The Company is not reached to the introducer, if it happens because the introducer did not modify or change the registration information, The Company assumes the notification is correctly sent.
4. Account Management
The introducer manages and maintains own account under his own liability, and it is prohibited to allow a third party use the account, to lend or assign the account to a third party, to change the name, or to buy and sell. In case The Company finds the accordance of the account, it is deemed the introducer registered as holding the account uses The Service.
The Company accepts no liability for any loss resulting of the introducer from the insufficient account management, malpractice of using the account, or use by a third party.
In case of revealing the account is stolen or used by a third party against the introducer’s will, the introducer is obligated to notify The Company and follow the instruction provided from The Company.
5. Introducer Work
The introducer provides contact number of the candidate to The Company.
The introducer is not eligible to delegate all or a part of introducer works to a third party except for the case The Company approves on document.
Other than item 1 to item 2 above, the introducer conducts the introducer work in the scope of the purpose defined by The Term, with a good attention.
6. Introducer Payment
In case the candidate whom the introducer joins the registered corporation (The situation the candidate actually starts to work or provide work as full time, part time, just in time, outsourcing, or contract), The Company disburses the introducer payment to the introducer.
The introducer payment to the introducer is based on theoretical calculation and we will not disclose the calculation method. The introducer agrees in advance with the amount of payment and condition of receiving the payment which are defined by the posting on The Company’s website or any other methods The Company deems appropriate, and there is possibility the condition may be changed unregularly. The payment to the introducer is disbursed within 1 month after confirming the candidate introduced by the introducer and joining the registered corporation accomplishes his work for 1 month at the registered corporation.
The Company is basically pays only the introducer payment defined in this article for the introducer’s work accomplishment. The introducer is obligated to pay for his own expense for work except for the budget defined to be covered by The Company.
7. Use of The Introducer Information
The Company appropriately deals with the registration information, all of the communication information between the registered corporation or the candidate and the introducer, terminal information, and any other information collected from the introducer regarding The Service use.
In advance, the introducer agrees with there is possibility his personal information may be disclosed to the registered corporation without disclosing any introducer’s identification.
The Company is eligible to use The Introducer information the introducer provides to The Company on purpose of offering and operating The Service, improving and upgrading the contents of The Service, understanding the usage situation of The Service, and using for suggestion for the corporation, consulting, and new service’s development as a statistical information without disclosing any personal identification.
8. Prohibited Activities
The introducer is prohibited to act or force the other person to act the following items as the introducer himself or a third party. The introducer is prohibited to raise or facilitate the following items directory or indirectly.
The activities to sign on the contract (by any names) with the registered corporation on purpose of job searching without via The Company by using the candidate’s information on The Service, or sign on the contract as a third person.
The activities to use The Service on purpose of commercial activities or preparation for commercial activities except for the introducer work without The Company’s obvious permission.
Abuse activities to The Company, the registered corporation, the candidate, or a third party.
Fraud or assault activities to The Company, the registered corporation, the candidate, or a third party.
The activities to abandon the introducer work without any logical reason during conducting introducer work, or the faithless activities to the other candidate.
The activities to refuse reasonable requirement from the registered corporation without any permission or unilaterally, or faithless activities to the registered corporation.
The activities to infringe or may infringe intellectual property rights, portrait rights, privacies, privileges, other rights, or profits of The Company, the registered corporation, the introducer, or a third party.
The activities to draw in glitch of The Service.
The activities to divert the candidate’s data or any other data from the other job searching corporation or platform without its permission.
The activities to transfer the information below or the information The Company deems corresponding with the below, in The Service.
The information including personal information to be able to specify the candidates. (Excluding the case it is necessary for the introducer work with The Company’s permission.)
The information including any expression encouraging suicide or self-injury behavior.
The information regarding selling and buying illicit drug and the information including any expression encouraging inappropriate usage of illicit drug.
The advertisement information of religious behavior, religious organization, political activities, and political organization.
The information of cruel or sexual expression, which may make the others feel uncomfortable.
The information to spread harmful program such as computer virus.
Any other information The Company deems inappropriate.
9. Breach of the Terms
The Company is eligible to delete all or a part of information regarding the introducer or conduct the measures such as suspend, restrict of the introducer work or delete the account (“Business Suspension”) without any notification, in case the introducer corresponds with the cases below or The Company deems there is possibility to do.
In case of violating the articles in The Term.
In case there is no response to the contact for more than 30 days from The Company to require for answering such as a inquiry.
In case of being antisocial forces or having relationship with antisocial forces to maintain or cooperate by providing capital and so on.
In case of needed to operate and maintain The Service.
In any other case of there is a reason to be similar to each of items above.
In case The Company suspends the introducer to work, the introducer loses the right to receive the pending payment from The Company and the introducer is not eligible to complain to that. The Company is eligible to keep and use the information the introducer provides to The Company after the deletion of the introducer’s account.
In case The Company deems there is possibility the introducer may correspond to each of item 1., The Company is eligible to request the introducer to quit from infraction activities and delete or change sending information voluntary. The introducer is obligated to comply with the request during the term The Company defines.
The Company accepts no liability for any loss resulting of the introducer from The Company’s act following this article.
10. Compensation for damage
In case the damage occurs to The Company directly or indirectly, caused by the introducer’s infraction of The Term or use of The Service (including the case The Company gets the request to the compensation for damage from a third party, caused by the introducer’s activities noted above), the introducer is obligated to compensate for all of damage (including the budget for the expert such as a lawyer and any costs worth labor cost to deal with it) to The Company.
The Company accepts no liability for any loss resulting of the introducer from the use of The Service.
11. Confidential Nature
“The confidential information” in The Term is defined as all of the information such as The Company’s technology, sales, business, finance, organization, and other matter which the introducer acquires from The Company by documents, oral, or a medium for recording. However the following cases is excluded from the confidential information.
(1) The information which already become public knowledge when The Company provides it to the introducer.
(2) The information which becomes public knowledge by any reason not caused by the introducer after The Company provides it to the introducer.
(3) The information which the introducer lawfully acquires from a third party having a right to disclose without any duty of confidentiality.
(4) The information which is developed privately without any relationship with the confidential information.
(5) The information which The Company is able to confirm on the documents without the need of the confidential nature.
The introducer uses the confidential information only on purpose of The Service’s use and is not eligible to provide, disclose or leak The Company’s confidential information to a third party without The Company’s permission by documents or electromagnetic method.
Regardless of the definition on item 2, the introducer is eligible to disclose the confidential information based on the commands or requests from a low, court, or governmental institution. However, the introducer is obligated to notify The Company immediately in case there are commands or requests.
In case of the introducer duplicates the documents or the magnetic recording medium includes the confidential information, the introducer is obligated to get permission by documents or electromagnetic method in advance, and manage the duplicated product strictly by following the item 2.
In case The Company requests, the introducer is obligated to return or abandon the confidential information, documents includes the confidential information, recording mediums, or all duplicated products immediately by following The Company’s instruction.
12. Attribution of The Company’s Contents
The Service, the recruitment information in The Service, and any intellectual property right regarding The Company’s contents attributes to The Company or a third party authorized to own a license.
The Company authorizes the introducer to personally use all of The Company’s contents, which The Company provides through The Service in the scope of the introducer work. However, The Company doesn’t authorize the introducer for the following defined in The Term.
Though a brand, a logo, and a service mark (“The brands”) may be displayed, The Company doesn’t transfer The brands to the introducer or a third party nor authorize them to use it.
13. Withdrawal from The Service
The introducer is eligible to withdraw from The Service and cancel the introducer contract in any time, by the account’s deletion or any other method defined by The Company.
In case the introducer loses the right to use The Service, The Company deems the introducer permits in advance that the introducer loses the right to receive a pending payment from The Company and is not eligible to use the account, the introducer contents, and the accumulated information on The Service, regardless of any reasons except for the case of accidental account’s deletion.
The Company is eligible to delete the introducer’s account, which is not accessed for more than 6 months, by The Company’s own decision without any notification in advance.
14. Change, Suspension, and Termination of The Service.
The Company is eligible to change or add all or a part of The Service’s contents and the introducer work without any notification to the introducer in advance.
The Company is eligible to terminate all or a part of The Service by The Company’s own decision, by notifying to the introducer in advance by the posting to The Company’s website or any other method The Company deems appropriate. However, the notification to the introducer may not be made in case of emergency.
In case of the following items occurs, The Company is eligible to suspend all or a part of The Service temporary without any notification to the introducer in advance.
When conducting maintenance or fix regarding network instruments for The Service regularly or urgently.
When the system is over loaded by excessive usage or any other unpredictable factors.
When there are needs to ensure the introducer’s security.
When there is a service suspension provided by telecommunication corporation.
When it is difficult to provide The Service by act of God such as earthquake or flood disaster, electric outage, other unpredictable accident, war, conflict, convulsion, outrage, or labor dispute.
When it is impossible to operate The Service by the law or the act based in the law.
In any other cases The Company deems necessary by following the items above.
The Company accepts no liability for any loss resulting of the introducer from The Company’s act by following this article.
15. Warranty Disclaimer and Discharge
The Company doesn’t guarantee any compatibility, commercial value, accuracy, availability, integrity, legality to the introducer’s specific purpose, compatibility to the internal regulation of organization applied to the introducer, no defect or error for the security, and no breach of a third party’s right.
The Company doesn’t guarantee The Service is available in every information terminal, and the introducer permits there is possibility defect on The Service may occur by OS version up of information terminal used for The Service. The Company doesn’t guarantee to solve this defect by programing modification in case the defect occurs.
The introducer permits there is possibility to restrict the use all or a part of The Service by change on terms of Service or operation policy of platform such as SNS, which The Service places reliance on.
The introducer guarantees the working on introducer work doesn’t infract any contract or regulation applied, between the corporation, institution, organization, or individual which the introducer belongs to and the introducer. In case the conflict occurs by infracting this guarantee, the introducer is obligated to notify The Company, solve this under his liability and by his own expense, and compensate for the damage to The Company.
16. Contact and Notification
The notification regarding change on The Term and the contact regarding The Service from The Company to the introducer is made by posting on The Company’s website, sending email, push notification, or any other method The Company deems appropriate.
Inquiries to The service, contact or notification from the introducer to The Company is made by sending inquiry form on The Company’s website or the method The Company specifies.
17. Non-assignment of Rights and Obligations
The introducer is not eligible to assign or collateralize all or a part of assignment on the introducer contract or rights and obligations based on terms of The Service to a third party (including inclusive approval transfer by acquisition or company split), without The Company’s permission by document in advance.
18. Handling in case of business assignment
In case The Company assigns the business related to The Service to the other corporation, The Company is eligible to assign the assignment on the introducer contract, the right, obligation, the introducer information and any other information to the alienee of concerned business assignment. The introducer permits the business assignment by this article in advance. The business assignment in this article includes an acquisition The Company becomes a dead company or split company or an inclusive approval transfer by splitting the company.
19. Revision and Change on The Term
The Company is eligible to change or add the contents of The Term in any time by The Company’s own decision. The changed terms is valid in the timing of posting on The Company’s website except for the case The Company defines.
In case the introducer doesn’t agree with the changed terms, the introducer work suspends immediately. In case the introducer continue the introducer work after The Terms change, The Company deems the introducer agrees with the changed terms. The introducer conducts the introducer work under his liability by confirming the latest contents of The Terms time to time.
20. Possibilities of Amotion
In case a section of the articles of The Terms is deemed invalid or impossible to execute, the concerned section doesn’t affect the other parts, and the rest part of The Term continues to be valid and enforceable by the fullest extent of the governing law. The Company and the introducer agree to make effort to keep effect same as invalid term and engage in the changed term.
In case a part of articles on The Term is deemed invalid or impossible to execute with the relationship with concerned introducer, it doesn’t affect validity for the relationship with the other introducers.
21. Council Resolution
In case The Term does not define or interpret clearly, The Company and the introducer are to be engaged and solve it with fair and equitable principal through verbal or written communication with haste.