HotelCareersAsia.com Terms of Service Introduction
IAWeb International Limited, S136 Far East Mansion SA, 5-6 Middle Road, Tsim Sha Tsui, Kowloon, Hong Kong
Any references to “HotelCareersAsia.com” or “we” in this Agreement shall mean the applicable entity as set forth above.
The Site is made available for use only by individuals searching for employment openings (“Job Seekers”), by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties (“Employers”). You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose. If you are accessing or using the Site in your capacity as an employee or other representative of an Employer, you are agreeing to this Agreement on behalf of yourself and such Employer, and you represent and warrant that you have the authority to bind such Employer to this Agreement.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business.
This Agreement hereby incorporates by this reference any additional terms and conditions posted by HotelCareersAsia.com through the Site, or otherwise made available to you by HotelCareersAsia.com. In particular:
If you access or use the HotelCareersAsia.com Ads Program, you are agreeing to be bound by the HotelCareersAsia.com Ads Program Terms
If you access or use the HotelCareersAsia.com Resume Program, you are agreeing to be bound by the HotelCareersAsia.com Resume Program Terms
For all other uses of the Site, you are agreeing to be bound by the HotelCareersAsia.com General Terms of Service
HotelCareersAsia.com General Terms of Service
Last Updated: March 15, 2019
A. The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.
1. The HotelCareersAsia.com Services
HotelCareersAsia.com may make available certain Job Ads and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Listings” or “Job Ads”), through HotelCareersAsia.com’s search results or otherwise through the Site. Job Ads are created and provided by third parties over whom HotelCareersAsia.com exercises no control; you acknowledge and understand that we have no control over Job Ads. Some of these third parties may attempt to charge job seekers a fee to apply to a particular job, although HotelCareersAsia.com endeavors not to make such Job Ads available on the Site. HotelCareersAsia.com’s service, which is free to Job Seekers, links to Job Ads and has no control over any conditions third parties might impose once a Job Seeker has submitted an application or left the HotelCareersAsia.com website. If you leave the HotelCareersAsia.com website and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Except for certain sponsored, featured or paid placements, the Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. HotelCareersAsia.com does not have any obligation to screen any Job Ads, or to include any Job Ads in its search results or other listings, and may exclude or remove any Job Ads from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. HotelCareersAsia.com assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads. You agree that HotelCareersAsia.com may also provide search options to narrow down Job Ads search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by HotelCareersAsia.com, and are not a direct reflection of the actual Job Ads. HotelCareersAsia.com may in some circumstances be compensated by employers who post Job Ads, helping keep HotelCareersAsia.com free for jobseekers.
In addition, by using HotelCareersAsia.com, you agree that HotelCareersAsia.com is not responsible for the content of the Employer’s application form, messages, screener questions, testing assessments or their format or method of delivery and that HotelCareersAsia.com does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that HotelCareersAsia.com does not choose the questions asked by Employers or decide the job qualification criteria of Employers. If you require alternative methods of screening or application you must approach the Employer directly to request such as HotelCareersAsia.com is not responsible for the Employer application process.
1(c) Regardless of whether you are an Employer or Job Seeker, when you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, HotelCareersAsia.com may, for example, use such materials for data analysis, quality control, or to refine the Site or any other HotelCareersAsia.com product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through or using the Site, HotelCareersAsia.com may also inform a Job Seeker that an Employer has taken an action with regards to a Job Seeker’s Resume or application such as opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application, and you hereby consent to HotelCareersAsia.com taking such actions. HotelCareersAsia.com assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, Career Page, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact HotelCareersAsia.com to do so.
1(d) Regardless of whether you are an Employer or Job Seeker, HotelCareersAsia.com may use application materials (including resumes and responses to screener questions) and the recency of your activity on HotelCareersAsia.com to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. Regardless of whether you are an Employer or Job Seeker, you agree and consent that HotelCareersAsia.com may differentiate those matching resumes and screener questions from those that do not match and present them to Employers as matches or not matches. HotelCareersAsia.com may also use such information in order to improve the Site or any other HotelCareersAsia.com product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).
1(e) Regardless of whether you are an Employer or Job Seeker, HotelCareersAsia.com may provide certain categories of information to you for informational purposes only. For example, HotelCareersAsia.com may provide you with data regarding estimated salaries for a certain Job Listing, or about estimated applies to a Job Listing you may receive as an Employer. These figures provided by HotelCareersAsia.com are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are an Employer participating in the HotelCareersAsia.com Ads Program, please note that this is not the information you are purchasing from HotelCareersAsia.com and you are not charged per apply. HotelCareersAsia.com may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third-party submissions to HotelCareersAsia.com. These figures are given to HotelCareersAsia.com users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
1(f) Regardless of whether you are an Employer or Job Seeker, HotelCareersAsia.com may provide certain types of career-related or hiring-related information on its Site. All information contained in any HotelCareersAsia.com career or hiring guide is for informational purposes only and is in no way to be construed as professional career counseling or staffing services. You understand that HotelCareersAsia.com may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, HotelCareersAsia.com is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, assurance of being hired, job candidates, or hires, and you take full responsibility for use of these services or guides. As a user of the Site, HotelCareersAsia.com may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.
1(g) Regardless of whether you are an Employer or Job Seeker, HotelCareersAsia.com may provide you an online questionnaire relating to your industry and/or your hiring or job searching needs. HotelCareersAsia.com may match a Job Seeker’s responses to such questionnaires to determine, on the basis of the Employer’s responses to a questionnaire about its industry and/or hiring needs, whether such Job Seeker would match the Employer’s hiring criteria as specified in the Employer’s questionnaire responses. In the event HotelCareersAsia.com determines that a Job Seeker matches the Employer’s hiring criteria, HotelCareersAsia.com may connect such matching Job Seeker and Employer by sending a note informing both parties of the match, including but not limited to sending an Employer a short description of a Job Seeker taken directly from the Job Seeker’s responses to the questionnaire. In all events you will know what data we are providing to either a Job Seeker or Employer, or upon which we relied to make the match, because you have actively submitted it. If the Employer and Job Seeker express interest in each other, you agree HotelCareersAsia.com may provide the Employer with an email address for the Job Seeker either provided by HotelCareersAsia.com or the Job Seeker and, if you are a Job Seeker, you consent to this. Regardless of whether you are an Employer or Job Seeker, by submitting the completed questionnaire, you agree and consent to HotelCareersAsia.com (i) conducting such matching, utilizing only material you have submitted through the questionnaire process, (ii) presenting matching Job Seekers to Employers, and vice versa and (iii) storing and analyzing such data submitted in response to such online questionnaires.
1(h) If you are a Job Seeker, you take a variety of actions on our Site. For example, you search for jobs, and HotelCareersAsia.com knows and stores the titles of jobs you search for and click on, where those jobs are located, any information, including salary interest or experience of which you have informed HotelCareersAsia.com, or the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on HotelCareersAsia.com, or any of your other behavior on the HotelCareersAsia.com site, when you use HotelCareersAsia.com. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an HotelCareersAsia.com account or an HotelCareersAsia.com-hosted resume, you agree that HotelCareersAsia.com may associate this data with your HotelCareersAsia.com profile and use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on HotelCareersAsia.com. You also agree that HotelCareersAsia.com may contact you based on this observed behavior for Employers or for HotelCareersAsia.com itself. Please note, although information may be sent to you by a third party through the HotelCareersAsia.com system, the aforementioned behavior does not include information relayed to you. However, HotelCareersAsia.com may publicly display the fact that you have recently used the HotelCareersAsia.com Site or the fact that you have recently used the HotelCareersAsia.com system to correspond with a third party.
1(i) If you are a Job Seeker, please note that HotelCareersAsia.com may automatically send you recommended jobs via the email address you use to create an HotelCareersAsia.com account or apply to a job. HotelCareersAsia.com may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself, searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through HotelCareersAsia.com.
1(j) Screening Tools: HotelCareersAsia.com may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and employee assessments. HotelCareersAsia.com is licensing these tools to you for your use as you determine. By using any screening product, made available to you by HotelCareersAsia.com, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by HotelCareersAsia.com. You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You the Employer agree to indemnify HotelCareersAsia.com for any and all claims arising out of an Employer’s use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or any similar act of a different country or that such Screening Tool results in a “disparate impact”.
1(k) Regardless of whether you are a Job Seeker or an Employer, any emails or email notifications corresponding with any activity on or use of the Site through HotelCareersAsia.com Apply, or any other communications service, product, or feature provided on or through the Site, are provided solely as a courtesy. HotelCareersAsia.com disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Further, if you are an Employer and you posted a Job Listing directly on HotelCareersAsia.com, applications are sent only to your HotelCareersAsia.com dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a job seeker has not answered screener questions correctly, although these applications will be sent to your HotelCareersAsia.com dashboard.
1(l) HotelCareersAsia.com may offer beta test products or features on our Site. You will know that a product or feature is offered on a beta or test basis because the product name or feature will have the word “beta.” These beta test products or features may be offered in limited quantities, in limited locations, and for a limited time. HotelCareersAsia.com may discontinue or cancel all or part of a beta product or feature at anytime without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, MAY CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT AND/OR ACCOMPANYING MATERIALS. If you are an Employer and have been invited to test a beta product or feature, you agree that, unless otherwise specifically provided herein or agreed by HotelCareersAsia.com in writing, any beta product or feature and any documentation provided corresponding with a beta product or feature constitute confidential proprietary information of HotelCareersAsia.com. You shall permit only authorized users, who possess rightfully obtained access to any beta product or functionality, access to the beta product or functionality or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of HotelCareersAsia.com.
1(m) When you post a Job Ad directly on HotelCareersAsia.com, HotelCareersAsia.com may automatically generate for you a Company Page. You authorize HotelCareersAsia.com to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” and allows you to edit and add information to the Company Page. Company Pages allow User Content to be posted by individuals that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, HotelCareersAsia.com may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on HotelCareersAsia.com as well as those indexed by HotelCareersAsia.com. You agree that you are solely responsible for any content you put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page. HotelCareersAsia.com may additionally offer HotelCareersAsia.com Company Pages Premium, which includes certain features accessible only on a subscription basis and may be charged as indicated in an insertion order. HotelCareersAsia.com reserves the right to change or remove these features at any time, in HotelCareersAsia.com’s sole discretion. Additionally, these features may include analytics or other figures, which HotelCareersAsia.com does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose.
2. External Sites
The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that HotelCareersAsia.com is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.
In addition, HotelCareersAsia.com may provide you with links to certain third-party sites that offer you services for your use or benefit. We may stop offering any such third-party sites or services at any time. If you choose to use such third-party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided by these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not HotelCareersAsia.com.
3. Use of Site
You are not permitted to use HotelCareersAsia.com’s Site or its content other than for non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. HotelCareersAsia.com reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Job seeker or Employer, or if you wish to purchase HotelCareersAsia.com services that utilize the Site, you must have a prior written agreement with HotelCareersAsia.com to do so, or have accepted HotelCareersAsia.com’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.
4. User Content
Some parts of the Site, may allow users to post Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site, or any materials that a user submits to HotelCareersAsia.com, where it is stated that such materials may be posted on the Site, are referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. HotelCareersAsia.com does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Certain elements of HotelCareersAsia.com job search results pages may appear to be content produced by HotelCareersAsia.com, but are actually a reproduction of user-generated search queries. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that HotelCareersAsia.com shall have no liability with respect to such content.
You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. HotelCareersAsia.com may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. HotelCareersAsia.com reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.
Although HotelCareersAsia.com has no obligation to do so, HotelCareersAsia.com may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in HotelCareersAsia.com’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message, or that HotelCareersAsia.com deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact HotelCareersAsia.com immediately so that we may have the opportunity to consider its removal. For clarity, HotelCareersAsia.com does not have any obligation to remove any User Content, and the interpretation of whether any User Content violates any HotelCareersAsia.com policy will always remain within the sole discretion of HotelCareersAsia.com.
HotelCareersAsia.com reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that HotelCareersAsia.com may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on HotelCareersAsia.com that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.
Without limiting the generality of the foregoing, HotelCareersAsia.com reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.
5. License to User Content and Feedback
Only to the extent permitted by law, you grant HotelCareersAsia.com a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sub-licensable (through multiple layers of sub-licensees) right and license to make, use, sell, sub-license, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the HotelCareersAsia.com website or its publishers, maintaining the HotelCareersAsia.com website and promoting HotelCareersAsia.com without restriction. You understand that no compensation in any form shall be due or payable to you in connection with HotelCareersAsia.com’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, HotelCareersAsia.com’s exercise of these rights, you hereby waive any and all rights to such compensation.
Furthermore, you grant to HotelCareersAsia.com, its affiliates, and sub-licensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any HotelCareersAsia.com marketing materials containing or incorporating such User Content, or (iii) any actions by HotelCareersAsia.com to promote or publicize such User Content (e.g. Job Listings), including without limitation the use of keywords in third-party Internet search engines. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to HotelCareersAsia.com for association with a particular Job Listing, HotelCareersAsia.com shall not post such content anywhere other than the Employer(s)’s Job Listing.
You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless HotelCareersAsia.com and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow HotelCareersAsia.com to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact HotelCareersAsia.com for more details.
At your discretion, you may provide feedback and related materials to HotelCareersAsia.com concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to HotelCareersAsia.com a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple layers of sub-licensees) right and license to make, use, sell, sub-license, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that HotelCareersAsia.com may disclose any or all Feedback to any third party in any manner, and you agree that HotelCareersAsia.com may sub-license any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place HotelCareersAsia.com under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, HotelCareersAsia.com does not waive any rights to use similar or related ideas previously known to HotelCareersAsia.com, or developed by its employees, or obtained from sources other than you.
You agree and acknowledge that you will not make any representation that you are recruiting on behalf of HotelCareersAsia.com, working for HotelCareersAsia.com, or in any form of co-employment or contractor relationship with HotelCareersAsia.com. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and HotelCareersAsia.com, and neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. If you make any representation to the contrary, HotelCareersAsia.com may remove you from HotelCareersAsia.com in its sole discretion.
6. Site Rules
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by HotelCareersAsia.com, unless you have been specifically allowed to do so in a separate, written agreement with HotelCareersAsia.com. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with HotelCareersAsia.com, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that HotelCareersAsia.com has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which HotelCareersAsia.com may suffer) of any such breach.
You agree that you shall not transmit to HotelCareersAsia.com or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
data mining any HotelCareersAsia.com property;
sending messages to users who have asked not to be contacted;
selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
using HotelCareersAsia.com Resume contacts in violation of HotelCareersAsia.com policy, as determined by HotelCareersAsia.com, including, for example, as indicated by low response rates from those persons contacted.
Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. HotelCareersAsia.com may block the transmission of such content.
Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
Conduct or forward pyramid schemes or similar programs.
Transmit content that may be harmful to minors.
Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from HotelCareersAsia.com.
Violate the legal rights (such as rights of privacy and publicity) of others.
Promote or encourage illegal activity.
Interfere with other HotelCareersAsia.com users’ enjoyment of the Site.
Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any HotelCareersAsia.com account.
Modify, adapt, translate, or reverse engineer any portion of the Site.
Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
Reformat or frame any portion of the web pages that are part of the Site without HotelCareersAsia.com’s explicit written permission.
Contact other HotelCareersAsia.com users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics HotelCareersAsia.com considers detrimental to its users.
Create multiple HotelCareersAsia.com accounts without permission.
Create multiple HotelCareersAsia.com accounts not under your corporate or company name, in order to attempt to achieve higher visibility.
Bypass any limitations or suspensions of functionality.
Provide false information.
Scrape the HotelCareersAsia.com Resume database
Scrape or otherwise replicate any HotelCareersAsia.com content for competitive purposes
HotelCareersAsia.com reserves the right to use any User Content (including the content of messages or material sent through or to the Site or HotelCareersAsia.com) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. HotelCareersAsia.com reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you agree to HotelCareersAsia.com enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to HotelCareersAsia.com’s message relay, or of your use of any other functions of the Site, with or without notice. HotelCareersAsia.com shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
HotelCareersAsia.com reserves the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. HotelCareersAsia.com further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming HotelCareersAsia.com or its users, or otherwise conducting fraudulent activity on HotelCareersAsia.com by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to HotelCareersAsia.com. HotelCareersAsia.com reserves the right to turn over any information gathered via such investigations to the police or other third party if HotelCareersAsia.com has a good faith belief that you are using the Site in violation of these terms.
7. Registration; Contact Information
Some areas of the Site, including areas that may permit you to set up an HotelCareersAsia.com account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your HotelCareersAsia.com account may receive access to information regarding your HotelCareersAsia.com account. If you are an Employer, your account is for business use and not for personal use. HotelCareersAsia.com is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an HotelCareersAsia.com account, you agree to receive mandatory email updates regarding anomalous activity to your HotelCareersAsia.com account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.
In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invites other users to the same account. Admin(s) may be given the option to give these other users certain levels of access and functionality (“Roles”) within the account, as described on the site. If you are an Admin adding a user to a Role or several Roles, you represent to HotelCareersAsia.com that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless HotelCareersAsia.com from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data and access to your account. You agree that HotelCareersAsia.com assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access.
We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.
You agree that HotelCareersAsia.com may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your HotelCareersAsia.com account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to HotelCareersAsia.com or that HotelCareersAsia.com may otherwise obtain from third-party sources. You may also revoke your consent by terminating the Agreement through closing your HotelCareersAsia.com account.
8. Disclaimer of Warranties
HotelCareersAsia.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the HotelCareersAsia.com search results (including Jobs Listings) or otherwise made available on the Site by HotelCareersAsia.com or third parties (including User Content), regardless of whether paid for or used for free. HotelCareersAsia.com disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by HotelCareersAsia.com for informational purposes only, including but not limited to, HotelCareersAsia.com Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying HotelCareersAsia.com for the aforementioned information. HotelCareersAsia.com disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). HotelCareersAsia.com further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall HotelCareersAsia.com be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall HotelCareersAsia.com be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from HotelCareersAsia.com’s Site.
HotelCareersAsia.com further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by HotelCareersAsia.com as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will HotelCareersAsia.com be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. HOTELCAREERSASIA.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. HOTELCAREERSASIA.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. HOTELCAREERSASIA.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY HOTELCAREERSASIA.COM.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HOTELCAREERSASIA.COM OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF HOTELCAREERSASIA.COM OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF HOTELCAREERSASIA.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID HOTELCAREERSASIA.COM TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall HotelCareersAsia.com or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
10. Claims of Infringement
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by HotelCareersAsia.com infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow HotelCareersAsia.com to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send HotelCareersAsia.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to HotelCareersAsia.com S136 Far East Mansion SA, 5-6 Middle Road, Tsim Sha Tsui, Kowloon, Hong Kong (copyright @ HotelCareersAsia.com.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.
11. Governing Law and Dispute Resolution
If you are a Job Seeker: this Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the Hong Kong Special Administrative Region of the People’s Republic of China. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in the Hong Kong, SAR. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in the Hong Kong SAR.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
If you are an Employer: this Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in the Hong Kong SAR. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in the Hong Kong SAR.
If you are neither a Job Seeker or Employer as defined in this Agreement and are not using the Site as intended by HotelCareersAsia.com, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the Hong Kong Special Administrative Region of the People’s Republic of China.
12. Class Action Waiver
By using the Site and in return for the services offered by HotelCareersAsia.com, you acknowledge that HotelCareersAsia.com can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Job Seeker) agree not to sue HotelCareersAsia.com as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against HotelCareersAsia.com regarding your use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to section 11 above.
13. Severability and Reformation
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that HotelCareersAsia.com does not endorse any of the products or services listed on such sites.
15. Information or Complaints
If you have a question or complaint regarding the Site, please use our Frequently Asked Questions sections of this website.
This Agreement (including the HotelCareersAsia.com Ads Program Terms, HotelCareersAsia.com Resume Program Terms incorporated herein, if applicable to you) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any irreconcilable conflict between this Agreement and the HotelCareersAsia.com Ads Program Terms, HotelCareersAsia.com Resume Program Terms, (if applicable to you), the HotelCareersAsia.com Ads Program Terms, HotelCareersAsia.com Resume Program Terms will govern with respect to the HotelCareersAsia.com Ads Program, HotelCareersAsia.com Resume Program, respectively, and the Agreement will otherwise govern. Any waiver of any provision of this Agreement will be effective only if in writing and signed by HotelCareersAsia.com. This Agreement, together with any amendments and any additional agreements you may enter into with HotelCareersAsia.com in connection with the Site, shall constitute the entire agreement between you and HotelCareersAsia.com concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an HotelCareersAsia.com employee shall not constitute an amendment or alteration of this Agreement.
By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of HotelCareersAsia.com’s proprietary rights in them.
You understand and acknowledge that HotelCareersAsia.com or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. HotelCareersAsia.com reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
Any notices to HotelCareersAsia.com must be sent to the applicable HotelCareersAsia.com entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., HotelCareersAsia.com Ads Program, HotelCareersAsia.com Resume Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your HotelCareersAsia.com Ads interface).
You may not assign or delegate any of your rights or obligations hereunder without HotelCareersAsia.com’s prior written consent and any such attempt is void. HotelCareersAsia.com may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, HotelCareersAsia.com may assign any agreement between you and HotelCareersAsia.com to any related HotelCareersAsia.com entity by informing you of such assignment. HotelCareersAsia.com and you are not legal partners or agents, but are independent contractors.
17. Use of Site by Minors
The Site is not for use by anyone under the age of 16. To use the Site you agree that you must be the minimum age (described in this paragraph below) or older.
The minimum age for these purposes shall be 16, however if local laws require that you must be older in order for HotelCareersAsia.com to lawfully provide the services in the Site to you then that older age shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use HotelCareersAsia.com under the supervision of your parent, legal guardian or responsible adult. HotelCareersAsia.com adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements. If you do not satisfy these age requirements, please email privacy-dept @ HotelCareersAsia.com (remove spaces when sending email).
B. HotelCareersAsia.com Resume/CV Program Terms
Last Updated: March 15, 2019
These HotelCareersAsia.com Resume Program Terms or HotelCareersAsia.com CV Program Terms (collectively, “HCARP Terms”) form a part of, and are incorporated into, the HotelCareersAsia.com Terms of Service (the “Agreement”), and apply to any Employer that accesses or uses the HotelCareersAsia.com Resume Program, or that otherwise indicates its acceptance of these HotelCareersAsia.com Resume Program Terms.
Any capitalized terms that are used but not defined in these HCARP Terms have the meaning set forth in the Agreement.
1. The Program
Use of the HotelCareersAsia.com Resume Program (“Program”) by an individual who posts his or her resume on the Site (hereinafter, “Resume Owner”) or Employer on or through the Site is subject to all applicable HotelCareersAsia.com best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, on the subscription purchase page, and on the FAQ and information page(s) for the country you are purchasing a subscription for, any or all of which may be modified at any time. You shall not use any information obtained from the Site except for internal use in selecting and contacting Resume Owners, through HotelCareersAsia.com, for purposes of filling your Job Listings. You are expressly forbidden from using any product or system intended to extract the information from a Resume, in order to circumvent the Resume contact system. Use of such system will result in your immediate termination from the Program. In addition, as a feature of the HCARP, HotelCareersAsia.com may send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume.
In the event phone numbers are provided by the Job Seeker in the resume, HotelCareersAsia.com does not guarantee their validity and can not confirm whether such numbers are landlines or cell phones. You agree to call Job Seekers regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, including laws against automated telephone dialing systems.
Once you have requested that HotelCareersAsia.com contact a Resume Owner, you may not revoke such request. Cancellation of your use of the HCARP shall be in accordance with any cancellation policies listed on the Site.
3. Your Information
You represent and warrant that all information you provide to HotelCareersAsia.com is correct and current. You represent to HotelCareersAsia.com that you are an Employer interested in considering the Resume Owner as a potential employee.
4. Disclaimer and Limitation of Liability
HOTELCAREERSASIA.COM’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, HOTELCAREERSASIA.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO HOTELCAREERSASIA.COM IS VALID, THAT ANY EMAIL SENT BY HOTELCAREERSASIA.COM AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. HOTELCAREERSASIA.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.
EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE HCARP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE HCARP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO HOTELCAREERSASIA.COM BY YOU FOR THE HOTELCAREERSASIA.COM RESUME SERVICE GIVING RISE TO THE CLAIM.
You shall be charged if, and as, indicated by the Site. Details regarding the resume subscription plan are available on the Site. You shall pay all charges in US Dollars. Charges are exclusive of taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees HotelCareersAsia.com incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all HotelCareersAsia.com products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS UNDER THE APPLICABLE RESUME SUBSCRIPTION PLAN. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of HotelCareersAsia.com and only in the form of credit for HotelCareersAsia.com services. You acknowledge and agree that any credit card and related billing and payment information that you provide to HotelCareersAsia.com will be processes by HotelCareersAsia.com’s Payment Processors (PayPal Inc) who works on HotelCareersAsia.com’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to HotelCareersAsia.com and servicing your account. HotelCareersAsia.com may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. HotelCareersAsia.com shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and HotelCareersAsia.com shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail, unless otherwise specified by HotelCareersAsia.com.
You shall indemnify, defend and hold harmless HotelCareersAsia.com, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these HCARP Terms, or any phone call or text message you make to a recipient.