Acknowledgment and Acceptance of Terms and
Conditions
The terms and conditions appearing
hereafter comprise the entire agreement between the Member
(as hereinafter defined) and the Company (as hereinafter
defined) and supersedes all prior agreements between the
parties regarding the subject matter contained herein.
By completing the registration process and
clicking the "accept" button, you are indicating your
agreement to be bound by all of the terms and conditions of
the Company as hereinafter appearing.
Definitions
In this Agreement where the context so
admits the following expressions shall have the following
meanings namely :-
"Agreement" means the completed
application form (and its attachment(s) and the terms and
conditions herein.
"Commencement Date" means the date
specified by the Company in writing in its notice to the
Member either through JOBSDB, email and/or conventional
mail indicating the acceptance of the application by the
Member to the Service.
"Company" means Jobs DB Singapore Pte
Ltd.
"Date of Termination" means the expiry
date of the notice of termination given under clause 10(i)
herein.
"JOBSDB" means the internet web site of
the Company at http://www.sg.jobsdb.com.
"Member" means an individual subscriber
for the Services, including the job-seeker, or corporate
subscriber for the Services and the undersign, whose
particulars are contained in the application form and
includes his successors and permitted assigns.
"Services" means the services to be
provided by the Company to the Member at JOBSDB including
the provision of facilities for the following :
in the case of a job seeking Member, to
make postings of resumes or curriculum vitae of the
Member submitted by the Member or compiled from the
personal data and information submitted from time to
time by the Member and transmitted to JOBSDB pursuant to
the terms and conditions hereunder for the purpose of
seeking employment through the Company's internet
network at JOBSDB and its internet links;
in the case of a Member who wishes to
secure employment through JOBSDB and its internet links,
to insert advertisements at JOBSDB and to access JOBSDB
from time to time subject to the terms and conditions
hereunder for the purpose of securing employment from
the Company's internet network at JOBSDB and its
internet links.
"Services Guide" means the information
and description of the Services for the Member from time
to time provided by the Company and contained in
JOBSDB.
"Registration Data" means all particulars
and information of the Member requested on initial
application and subscription, including but without
limiting to the Member's name, mailing address, email
address, account and telephone number.
Words importing the singular shall
include the plural and words importing one gender shall
include the other.
Commencement of Service
The Service shall commence on the
Commencement Date.
Fees (Applicable for Corporate Members Only)
This clause shall not be applicable to
individual job seeking Members who access or make postings
of information and data at JOBSDB for the purpose of
seeking employment vacancies or opportunities through the
Companyˇ¦s internet network at JOBSDB. The services shall be
provided free of charge for these individual job seeking
Members.
The subscription fees for the Services
shall be at the applicable rate indicated in the Services
Guide or such other rates as may be prescribed by the
Company from time to time upon posting the same at JOBSDB
or otherwise in writing in accordance with this
Agreement.
Liability for the Subscription Fees shall
accrue from the Commencement Date.
The Member shall pay and maintain such
deposits with the Company as the Company may require and
shall increase such amount of such deposits from time to
time when so required by the Company.
Payment
Where Subscription Fees are payable, it
shall be payable at or within such time as is stated in
the invoice(s) issued by the Company to the Member.
The Member who is liable to pay
Subscription Fees, shall pay the Subscription Fees on
demand notwithstanding that the Member disputes the same
for any reason. In the event that a dispute is decided by
the Company in the Member's favour, the Company shall
refund to the Member any excess amount paid by the Member
free of interest.
In the event of late payment by the
Member of any sums due under this Agreement, the Company
shall have the right to charge interests on the
outstanding amount (at the rate specified in the Company's
bill) from the due date until the date of full
payment.
Member's Obligations
The Member shall:-
be responsible for the set-up or
configuration of his equipment for access to the
Service;
comply with all notices or instructions
given by the Company from time to time in respect of the
use of the Service;
be solely responsible for obtaining, at
his own cost, all licences, permits, consents, approvals
and intellectual property or other rights as may be
required for using the Service;
comply with the rules of any network or
network service provider through which the Member accesses
the Service;
be solely responsible for all information
retrieved, stored and transmitted through the Service by
him;
be solely responsible for the accuracy of
the Registration Data given to the Company on initial
application for the Service;
be solely responsible for the maintenance
of confidentiality of and the Member's password and user
ID and all activities and transmission performed by the
Member through his user ID;
immediately notify the Company of any
unauthorised use of the Member's account or any other
breach of security known to the Member; and
where Subscription Fees are payable, to
pay the same promptly on demand and as required by the
Company from time to time.
Prohibited Use
The Member undertakes:-
to comply with all applicable laws (and
shall not contravene any applicable law) of the Republic
of Singapore relating to the Services, including without
limitation, the Broadcasting and Television Act, Common
Gaming House Act, Computer Misuse Act, Copyright Act,
Electronic Transactions Act, Films Act, Indecent
Advertisements Act, Maintenance of Religious Harmony Act,
Telecommunication Authority of Singapore Act, including
any regulation made pursuant thereto and any items and
conditions of any license granted to the Company by the
local internet service provider;
where it is a corporate Member, not to
allow any person other than the authorised person(s) named
in the application form to use the Service;
not to use the Service for any unlawful
purpose including without limitation criminal
purposes;
not to use the Service to send or receive
any message which is offensive on moral, religious, racial
or political grounds or of an abusive, indecent, obscene,
defamatory or menacing nature.
not to persistently send messages or make
postings on JOBSDB or to any other Member or third party
who access JOBSDB without reasonable cause or for causing
any threat, harassment, annoyance, inconvenience or
anxiety to any person;
not to introduce, post or transmit any
information or software which contains a virus, worm or
other harmful component into the internet or JOBSDB
network system;
not to infringe any intellectual property
rights of any person or retain information in any computer
system or otherwise with an intention to do so;
not to print, download, duplicate or
otherwise copy or use any personal information of any
Member which is identifiable and/or available on JOBSDB,
including in particular the Registration Data;
not to delete, vary or amend any data and
information posted by any other Member on JOBSDB except
such data and information which is posted by the
particular Member himself;
not to violate, or attempt to violate the
security of JOBSDB and/or any web sites linked to JOBSDB
or gain unauthorised access to any computer system
connected to the internet or any information regarded as
private by other Members or persons, including but without
limitation to accessing data and information not intended
for them or logging onto a server or account which the
Member is not authorised 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;
not to share the Service with any person
without the prior written approval of the Company and
shall use the Service only for the purpose for which is
subscribed; and
not to do anything or cause anything to
be done which may be in breach of the Internet Code of
Practice, any regulations, guidelines, instructions, etc
in whatsoever form that the Singapore Broadcasting
Authority may issue from time to time relating to the
Service or otherwise.
Security and other features
The Member shall take all such measures
as may be necessary (including without limitation changing
his password from time to time) to protect the secrecy of
his user ID and/or password and shall not reveal the same
to any other person(s).
Where a user ID is necessary to access
the Service, the Member shall use only his own user
ID.
The Member acquires no rights to any
mailbox number, the user ID, circuit reference and any
codes assigned to him by the Company and except as
otherwise proved herein, the Company reserves the right to
change or re-assign the same to the Member at its sole
discretion without being liable to the Member in damages
or otherwise.
In the event of theft or loss of user ID,
password or security word, the Member must notify the
Company immediately by telephone and concurrently provide
the Company with a written notice to that effect. The
Member shall remain liable for use of the Services by any
third party until such theft or loss is notified to the
Company.
Maintenance of Service
The Company may at any time deactivate or
suspend the Member's access to JOBSDB and/or the Services
(as the case may be) without notice to carry out system
maintenance, upgrading, testing, repairs and other related
work. Without prejudice to the other provisions of this
Agreement, the Company shall not be liable for any loss and
damage, costs and expense that the Member may suffer or
incur, and no fees or charges payable by the Member to the
Company shall be deducted, refunded or rebated, as a result
of such deactivation or suspension.
Termination of Service
Either the Company or the Member may
terminate this Agreement by giving prior notice in writing
of 30 days.
The Company may in its sole discretion
waive or accept in writing a shorter period of notice from
the Member than that referred to in clause 10(i).
Clause 10(i) is subject to the condition
that where notice is given by the Member on or after the
20th day of a calendar month, this Agreement will be
terminated only on the last day of the following calendar
month.
Notwithstanding clause 10(i), the Company
may terminate this Agreement with immediate effect:-
if in the opinion of the Company, the
Member has breached any of the terms or conditions of
this Agreement (including without limitation clauses 6
and 7;
if the Member has provided any false or
incomplete information to the Company;
if, in the opinion of the Company or
any regulatory authority, it is not in the public
interest to continue providing the Service to the Member
for any reason; or
if the Member is declared a bankrupt or
the Member enters into any compromise or arrangement
with its creditors or an encumbrancer lawfully takes
possession or a receiver is validly appointed over the
whole or part of the undertaking of the Member or
proceedings are taken for the appointment of an
administrator of or the winding up of the
Member.
Liabilities for Subscription Fees upon
termination
In the event of termination of this
Agreement pursuant to clause 10(i), without prejudice to
any other remedies available to the Company, where
Subscription Fees are payable, the Member shall be liable
for Subscription Fees until the Date of Termination.
In the event of termination of this
Agreement other than in accordance with clause 10(i),
without prejudice to any other remedies available to the
Company, where Subscription Fees are payable, the Member
shall be liable for Subscription Fees up to the Date of
Termination.
The above amounts payable by the Member
upon termination shall be payable within 30 days of the
relevant Date of Termination.
Upon termination of this Agreement, the
Company may use such deposits (paid by the Member) as may
be held by the Company to offset any amount due from the
Member under this Agreement or any other agreement between
the Company and the Member, and the balance thereof shall
be refunded to the Member free of interest.
Suspension of Service
Without prejudice to any other rights or
remedies of the Company and notwithstanding any waiver by
the Company of any previous breach by the Member, the
Company may suspend the Service or any other service
provided by the Company in the event that any monies
payable by the Member for the Service or that other
service is not settled in full or any deposit or increase
thereof required by the Company is not paid by the
Member.
Upon such suspension, the Service or such
other service shall be deemed to be terminated as from the
date of suspension stipulated by the Company and the
Member shall be liable for all charges and fees incurred
up to and including the date of such suspension and
clauses 11(iii) and 11(iv) shall apply.
Notwithstanding the foregoing, upon
subsequent payment by the Member of such sums as demanded
by the Company, the Company may if it deems feasible at
its sole discretion and subject to such terms as it deems
proper, reconnect the Services or services, as the case
may be, in which event this Agreement shall continue as if
the same has not been terminated.
Other charges
In the event that the Company's employees
or agents are called upon to attend to a fault at the
Member's premises, the Company reserves the right to impose
charges for the service if the fault is not directly
attributable to any of the Company's equipment or networks.
the Company's invoice shall be conclusive evidence of the
Member's request for such services.
Disclaimer
Whilst every care is taken by the Company
in the provision of the Service, the Company shall not be
liable for any loss of information howsoever caused
whether as a result of any interruption, suspension, or
termination of the Service or otherwise, or for the
contents, accuracy or quality of information available,
received or transmitted through the Service.
The Member shall be solely responsible,
and the Company shall not be liable in any manner
whatsoever, for ensuring that in using the Service, all
applicable laws, rules and regulations and all the terms
prescribed by Singapore Telecommunications Limited and the
Telecommunications Authority of Singapore for the use of
any telecommunications systems, service or equipment shall
be at all times complied with.
The Company makes no representations and
warranties of any kind, whether expressed or implied, for
the Services and in relation to the accuracy or quality of
any information transmitted or obtained through the
Services or JOBSDB. To the fullest extent permitted by
law, the Company disclaims any representation or warranty,
whether express or implied, as to the title, fitness for a
particular purpose, merchantability, accuracy or standard
of quality of JOBSDB, the Services and/or any database
content (whether contained in JOBSDB or otherwise), and no
warranty whatsoever is given that JOBSDB will be
uninterrupted or error free, or in relation to the
database content obtained or to be obtained from or
through use of JOBSDB and/or the Services unless otherwise
specifically mentioned in this Agreement.
The Company's liability under this
Agreement shall not in any event exceed the total amount
of fees and charges paid by the Member to the Company for
the period immediately preceding two (2) months prior to
the incident giving rise to the relevant claim.
The Company shall not be liable for any
loss or damages sustained by reason of any disclosure
(inadvertent or otherwise) of any information concerning
the Member's account and particulars nor for any error,
omission or inaccuracy with respect to any information so
disclosed nor does it endorse any opinion expressed by any
Member on JOBSDB.
The Company does not warrant that JOBSDB
or any of the web sites linked to JOBSDB will be free of
any operational errors nor that it will be free of any
virus, worm, or other harmful component.
The Member acknowledges that it is not
the Companyˇ¦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 a third party in or through
JOBSDB.
Without prejudice to the other provisions
of this Agreement, the Company may refuse, suspend,
terminate, delete or amend any artwork, materials,
information or content of any data or information or
posting, or refuse such data or information to be posted
at JOBSDB, so as in the sole opinion of the Company, if it
is of the view that such posting is inappropriate for
whatever reasons, to comply with the legal or moral
obligations as placed on the Company and to avoid
infringing a third partyˇ¦s rights or any other rules,
standards or codes of practices that may be applicable to
the posting or JOBSDB or the internet.
Use of Data
The Member hereby agrees and irrevocably
authorise the Company to:
use any data and information supplied by
the Member in connection with this Agreement for the
Company's own internal and marketing purposes, to its
supplying such data and information to any other
associated companies or selected third parties to use for
such purposes, and to its supplying such data and
information to such third parties as may be necessary for
the operation of JOBSDB.
allow all data and information supplied
by the Member in using the Service to remain at JOBSDB for
the use of the Company in accordance with clause 15(i)
herein, notwithstanding the termination or suspension of
the Service to the Member herein. Unless the Member
informs the Company to delete all such data and
information following the termination or suspension of the
Service to the Member, such data and information remain in
the Company's property, records and databases.
Indemnity
The Member shall indemnify and hold
harmless the Company at all times against all actions,
proceedings, costs, claims, expenses, demands, liabilities,
losses and damages whatsoever including without limitation
for defamation, infringement of intellectual property
rights, death, bodily injury, property damage or pecuniary
losses howsoever arising which the Company may sustain,
incur, suffer or pay arising out of or in connection with
the use of the Service by the Member or any act or omission
of the Member thereof.
Confidentiality
Both parties hereby agree not to divulge
nor communicate to any person (other than those whose
province it is to know the same) nor use or exploit for
any purpose whatsoever (other than that contemplated in
this Agreement) any confidential information which may or
may have come to his knowledge by reason of or in
connection with this Agreement, and hereby further agrees
that they shall use all reasonable efforts to prevent
their employees, officers, agents and consultants from so
acting, except where the prior written consent of the
other party is obtained or where required to be disclosed
pursuant to any applicable law or legal process issued by
any court or the rules of any relevant regulatory
body.
The Company maintains a policy of strict
confidentiality of all data and information submitted by
the Member and the Company shall not, save as provided for
under clause 15 herein, release such data and information
to any persons without the prior consent of the
Member.
The Member is entitled to access to his
own data and information stored in the Company's database
and at JOBSDB (subject to prior confirmation of identity)
and may edit or amend such data and information at any
time.
Variation
The Company reserves the right to amend
the terms and conditions contained herein and in the
Services Guide at any time upon notice (in such form as
may be determined by the Company) to the Member.
If the amendments are effected by posting
the changes as a start-up screen prior to the Member's
subsequent use of the Service. If the Member agrees to be
bound by the amendments, variations, adding to and/or
modifications, the Member must again click the "I Accept"
button that will follow the posted changes. If the Member
does not click the "I Accept" button, the Company may
terminate the Member's use of the Service immediately
without further notice to the Member.
For the avoidance of doubt, the Member's
continued use of the Service following the amendments
constitutes an affirmation and acknowledgement of the
amended terms and conditions and also constitute an
agreement by the Member to abide and continue to be bound
by the terms and conditions herein as amended or varied.
Without limitation to the generality of
the foregoing, this Agreement is deemed to be varied to
the extent that the Member requests for any variation in
the Service and such is agreed to in writing by the
Company.
Modification to Service
The Company also reserves the right to
modify or discontinue the Service with or without notice
to the Member. Save for paid service, a pro-rated refund
shall be effected for the remaining unused period.
The Company shall not be liable to the
Member or any third party should the Company exercise its
right to modify or discontinue the Service.
Assignment
The rights and obligations under this
Agreement shall not be capable of assignment by the Member
without the prior written consent in writing of the Company,
but subject thereto, shall be binding on and enure for the
benefit of his successors and permitted assigns.
Governing Law and Jurisdiction
This Agreement is governed by the laws of
the Republic of Singapore and the Member and the Company
hereby submit to the exclusive jurisdiction of the Singapore
courts.