These terms and conditions (“Terms”) govern all Advertisers (defined as “Advertiser”, “you” and “your”) that:
- have placed an advertisement (the relevant ad) on jobsdb.com.)
- have accessed the Advertiser Centre via https://hk.jobsdb.com/hk/en/home/employerindex (together with https://hk.jobsdb.com/hk, the Site);
- have been advised that applications submitted in respect of the position advertised in the relevant ad will be stored on your behalf within our Advertiser Centre (the Advertiser Centre);
- have utilised any features of the Site or our Products offered through the Site; and
- have utilised any features of any our APIs (as defined below) directly or via an authorised third party provider (Partner).
Your access to and use of the information, materials and services provided on this Site is conditional upon your acceptance and compliance with the Terms.
Depending on what level of service you choose, there may be other terms that govern your relationship with us in conjunction with these Terms.
These Terms are to be read in conjunction with, and incorporate, the Product Terms (including the Talent Search Terms and Conditions) as they apply to the products you have purchased and/or accessed from us.
The Site is owned and operated by Jobs DB Hong Kong Limited defined as (“JobsDB by SEEK, “we”, “us” and “our”).
Your continued use of this Site will be deemed as acceptance of these Terms by you.
Variation of these Terms
- We may vary these Terms at any time. We will provide notice by publishing the varied Terms on the Site and you accept that such publication will constitute sufficient notice.
- You will be notified of any changes to the Terms which we reasonably believe will be materially detrimental to you (Detrimental Change) 30 days prior to them taking effect (Notice Period).
- In the event of a proposed Detrimental Change, you may elect to terminate your agreement with us during the Notice Period by providing at least 5 days’ written notice.
- All amounts owing to us must be paid within 7 days of the date of invoice if your preferred mode of payment is Prepaid. If you have elected to choose the Postpaid mode your term of payment will vary according to your Agreement.
- You are obliged to pay for the services that we agree to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide us with the necessary materials or information for us to deliver these services to you, you are still liable to us for full payment.
- Payments can be affected using Master or Visa credit and debit cards or any other payment methods as agreed between you and us may incur interest on late payments at its applicable bank interest rate plus any costs we incur as a result of collecting your payment.
- If you do not pay your account on time we may disable your account without notice and refuse to supply further services to you.
- You agree that pursuant to the Personal Data (Privacy) Ordinance (PDPO), we may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.
- You agree that we may disclose this information to a credit reporting agency or interested persons as reasonably necessary.
Intellectual Property Rights
- We retain all intellectual property rights (“rights”) subsisting in any of the goods and services provided to you by us and you may not use our rights to cause any infringement.
Limitation of Liability and Disclaimer
- We provide no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude or restrict our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site.
- To the maximum extent permitted by applicable law, In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
- To the maximum extent permitted by applicable law, our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
- To the maximum extent permitted by applicable law, we accept no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are placed on the Site.
- We agree to use reasonable efforts to publish advertisements in the shortest possible time.
- We cannot and do not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site, or features and products available through the Site, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
- We act as a medium through which individuals seek employment opportunities. We do not vet, nor is it responsible for vetting, candidates or the representations made by them whether oral or in writing – including those representations appearing in candidates‘ resumes.
Changes to the Site
- We reserve the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from us or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices. In doing so, we will endeavour to consider exceptionally detrimental consequences such alterations may cause you.
- You warrant and agree that:
- you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;
- advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
- all files delivered to us will be free of infection or viruses;
- you will not use the Site or the data contained within it for any illegal and/or infringing purposes;
- you will not use the Site or any features of the Site or products offered on the Site to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortious, defamatory, libellous, abusive violent, obscene, invasive of another’s privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to us, the Site users or persons generally, and you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software;
- if you utilise any of our APIs, either directly or via Partner,
- that Partner’s access to the Site or an API belonging to us has been notified to, and approved by, us;
- We will continue to allow access to that Partner until such time as you provide us with a written request to revoke this access;
- that Partner is authorised to act on your behalf;
- any system utilised by you or that Partner will comply with the data security obligations contained in clauses 15–18a of the New API Terms or 14–17a of the Developer Portal and API Terms, as applicable; and
- a breach of these Terms (including the Product Terms, New API Terms and/or the Developer Portal and API Terms as the case may be) by that Partner will be deemed to be a breach of the relevant Terms by you and we will have the right to take action against you on account of that breach (regardless of whether or not you had specific knowledge of the relevant breach);
- if applicable you have complied with your obligation under clause 51 of these Terms; and
- you will only use and disclose personal information (including health information such as COVID-19 vaccination information) in accordance with both privacy laws and specific laws governing health information (as applicable).
- You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without our prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
- You indemnify and will keep us indemnified, our officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by us in connection with:
- any breach of these Terms or the Product Terms by you;
- any negligent act or omission by you;
- the listing or proposed listing of any advertisement by you on the Site or any related site; or
- an actual breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs as a consequence of your advertisement appearing on the Site or as a result of your use of the data contained therein.
- You agree at all times to deal with any information or products provided by us or accessed from the Site in a manner which abides by all applicable laws of Hong Kong Special Administrative Region of the People’s Republic of China (Hong Kong), or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
- You may have access to or request sensitive health information of individuals (e.g. COVID-19 vaccination information) through the Site. Without limiting clause 22 above, you must comply with any applicable laws that govern health information in addition to any other privacy laws. If applicable, such laws will restrict your use and disclosure of health information (amongst other things). You must ensure you are aware of, and comply with, all legal requirements relating to health information and personal information more generally.
- Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
- You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without our prior written approval.
- You may not use the Site to post any pyramid scheme or multi-level marketing scheme (however described) on the Site.
- You may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever in connection with the hiring process for any job advertised on the Site (including to apply) whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the Site.
- You may not use any feature of the Site to send any unsolicited commercial electronic messages to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with candidates in accordance with the Product Terms.
- You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to us without our prior written approval.
- Any advertisements (including but not limited to BrandedAD+ and Premium Ads) acquired by you from us must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by us) whose primary business it is to acquire media on behalf of third parties, or unless you are a job recruiter and supply job recruitment services (as approved by us) in conjunction with the advertisements (including but not limited to BrandedAD+ and Premium Ads)
- Where you are a job recruiter and in accordance with clause 30(a) on sell or supply advertisements acquired by you from us, those ads must be branded with your job recruiter brand or co-branded with both your job recruiter brand and the brand of your client to whom the advertisement has been on sold or supplied.
- If you breach either or both of clauses 30(a) and 30(b), then we, in addition to its rights under clause 63, reserves the right to charge you the casual advertiser price for each advertisement, (including BrandedAD+ and Premium Ads) placed by you on the Site in breach of those clauses.
Misuse of candidate data, and on-selling
- Any “personal data” (within the meaning of the PDPO) of any candidate that you obtain through your use of the Site or any features of the Site or products offered on the Site (including job applications received from candidates) must only be used by you in relation to your genuine employment and/or recruitment activities and in accordance with privacy laws and other relevant legislation (such as those laws regulating health information).
- Selling or offering services or products (such as learning or educational courses or tools) to candidates whose personal information you have obtained through your use of the Site (including job applications received from candidates) is considered by us to be a misuse of candidate data, and is prohibited.
- You may not under any circumstances provide any candidate personal information you have obtained through your use of the Site (including job applications received from candidates) to any other party, including to any affiliate or related party of yours (unless we has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
- We take our obligations under the PDPO and other relevant legislation (such as those laws regulating health information) extremely seriously, and is resolute in its determination to prevent the misuse of candidate data. If we believe that you have misused candidate data for any reason, we reserves the right to:
- immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received candidate personal information from you in breach of these Terms;
- report any potential contraventions of the PDPO or other legislation by you to the relevant authorities, including the Personal Data Protection Commissioner; and/or
- take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.
- You must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct.
- You are to adhere to any applicable advertising rules (if applicable) in Hong Kong.
- All applications for job ads posted on our website must not by any means disregard or preclude applications submitted via us, including by wording to that effect within the job ad itself.
- You are not permitted to insert links to an external website or an externally hosted application form:
- within the details of a job ad (including from the apply functions);
- from within our job application process;
- within or from a previously approved externally hosted application form; or
- within any communications with a candidate via Talent Search.
- You are not permitted to promote or refer to brands other than those associated with your business, (or a business operated by a related party to you):
- within the details of a job ad (including from the apply functions);
- from within our job application process;
- within or from a previously approved externally hosted application form;
- within an employer/company profile; or
- within any communications with a candidate via Talent Search.
- You may only post Advertisements to the Site that are in respect of a genuine, paid employment opportunity that is current as at the time of posting the Advertisement, and for which you are currently recruiting. we reserve the right to request any information from you that it deems necessary to verify that a genuine, paid employment opportunity exists.
- You are permitted to place advertisements for positions located outside of Hong Kong.
- You must ensure that advertisements posted to the Site are posted to the appropriate category of the Site. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
- Advertisers acknowledge and agree that they must only advertise one job role per job advertisement posted on to our Site. Where Advertisers have breached this obligation and have advertised multiple job roles in the one job advertisement, we reserve the right to charge the Advertiser for the number of job roles advertised in the one job advertisement posted on our Site.
- Advertisers must ensure that all information entered into any data entry field, as part of the advertisement classification process, relates directly to the relevant data field category. We reserve the right to amend, alter or remove any information that does not meet this requirement.
- We reserve the right and Advertisers must accept as a condition of advertising on the Site, our right to re-classify advertisements posted to the Site, entitling us to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
- Standard job advertisements are valid for 30 days, although you can choose to expire the advertisement earlier.
- The following actions constitute a new/additional job advertisement:
- copying a job advertisement;
- reposting an archived or deleted job advertisement;
- extending a job advertisement (“Extending”) which adds 30 days to the life of the advertisement unless you choose to expire the advertisement earlier and this can occur on multiple occasions;
- changing a zone classification and refreshing any job posting. Refreshing is the process of deleting and re-posting the same or substantially similar job advertisement;
- posting advertisements on our site via a bulk data import process or changing a job advertisement reference number. If you are using a bulk data import process, you must ensure that you understand the effect bulk data importing may have on Extending advertisements as we will count all new/additional job advertisements against your account and will invoice you accordingly.
- Changes to job advertisement body copy and advertisement title or location, work type, classification and sub-classification categories do not constitute a new job advertisement, regardless of the method used to post the advertisement.
Clauses 49 to 55 apply to your use and access of the Advertiser Centre.
Authority to store and retain applications
- You expressly authorise us to store and retain all applications submitted in response to the relevant ad within the Advertiser Centre, rather than emailing those applications to an external source.
- Your access to the Advertiser Centre (and the functionality contained therein) will be via a secure sign in with your email and password (the Password). The Advertiser is responsible for:
- providing us with the identity and contact details of individuals authorised to access the Advertiser Centre on your behalf (authorised users);
- setting authority limits for all authorised users;
- supervising the use of the Advertiser Centre by the authorised users, and ensuring that such use is consistent with the guidelines outlined below under the heading ‘Use of Advertiser Centre’; and
- ensuring that any Password provided to authorised users is kept secure and confidential.
- You are responsible for the use of the Password issued by us to enable users to gain access to the Advertiser Centre, whether the use is by authorised users or any other person. Any act or omission by an authorised user in respect of the use of the Password and/or the use of the Advertiser Centre that breaches these Terms will be deemed a breach of these Terms by you.
- If you utilise the Add Candidate function of the Advertiser Centre then before utilising that function you must ensure that you have:
- expressly obtained the consent of every individual whose Personal Data, (as that term is defined within the PDPO), you upload onto the Advertiser Centre, to such uploading of their Personal Data (which may include health information such as COVID-19 vaccination information) and the storage of such information by us within the Advertiser Centre;
- fully disclosed to such individuals the purpose for which their Personal Data has been collected and is stored on our Advertiser Centre; and
- otherwise fully complied with your obligations under the PDPO and all other relevant legislation (such as those laws regulating health information) in respect of the collection and storage of such information.
- Once access to the Advertiser Centre has been granted to you by us, the Advertiser will have access to the Advertiser Centre and the functionality therein, unless such access is terminated by us in accordance with these Terms and/or the Additional Terms.
- If your access to the Advertiser Centre is terminated for reasons other than fraud or dishonest conduct on your part, we will, within 20 Business Days, forward all applications and associated information stored on your behalf to your nominated email address.
- We will use reasonable endeavours to ensure that the Advertiser Centre is available for access by authorised users at all times. Notwithstanding this, we and our authosrised third party service providers may be required to undertake maintenance and upkeep of the Advertiser Centre from time to time. We will endeavour to limit any ‘downtime’ to periods outside of standard business hours. We provide no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude or restrict our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Advertiser Centre.
If you utilise the “Private Advertiser” Function then clauses 56 to 58 apply to you:
- At the time of collection of a candidate’s personal information (whether from a candidate or from us), or as soon as practicable thereafter, you warrant to us that you will:
- From time to time we receive requests from candidates regarding personal information collected by Advertisers. Where we receive such a request from a candidate whose personal information you have received, we will pass such request on to you. You warrant to us that whenever such request is provided to you, you will promptly and meaningfully respond to such request and will confirm such compliance to us.
- You agree to indemnify and hold us harmless against any loss or damage whatsoever that we may incur, including but not limited to any civil penalties which may be imposed, as a result of:
- a failure by you to comply with clauses 55 and 56;
- a breach of the PDPO;
- any indirect contravention of the PDPO by us caused by your non-compliance with clauses 56 and 57;
- a breach of any applicable laws that govern health information by you:
- any indirect contravention of any applicable laws that govern health information (including the PDPO) by us caused by your non-compliance with clauses 56 and 57.
Licence to use data
- the Advertiser hereby grants us and our related parties a perpetual, non-exclusive, irrevocable licence to use any Advertiser Data, to:
- manage internal reporting requirements;
- collate statistical information about use of the Site and submission of online applications;
- analyse user behaviour on the Site;
- obtain and analyse high level trends and prepare reports relating thereto; and
- generally improve the candidate user experience and/or the Advertiser user experience.
- We may use any data relating to the Advertiser’s use of, or engagement with the Site and/or the Advertiser’s use of our products and services (Ancillary Data) for any purpose it sees fit, unless such Ancillary Data would reasonably be considered confidential in nature. We may disclose Ancillary Data to its related parties.
Hardware & software
- It is the Advertiser’s responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Advertiser Centre.
- We reserve the right to terminate your agreement if you post any advertisement or utilise any feature of the Site or our Product in any way which is in breach of any of these Terms or the Product Terms.
- We reserve the right to, in its absolute discretion (acting reasonably), reject, edit or remove any advertisement from the Site for any reason.
- Termination of our agreement with you as a result of you breaching any one or more of these Terms, will not end provisions of these Terms that are capable of surviving termination.
- Any clause within these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these Terms is not affected
- These Terms are governed by the laws of Hong Kong. Advertisers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Hong Kong, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.