JobDB by SEEK – Product Terms and Conditions (Hong Kong)

For hirers i) posting ads pursuant to a JobsDB by SEEK (“we”, “our”, ‘us”) Advertising Agreement (“Agreement”) which includes a Job Ad Budget (either a Flexible Ad Budget or a Branded Ad Budget) as part of our Agreement commencing Jan 01, 2023; or ii) purchasing a casual ad (i.e. a single ad not purchased under our Agreement) , PART B of these terms applies to you.

PART B

The following terms are applicable only where you have either:

• purchased and posted a casual; or
• purchased a Flexible Ad Budget, Branded Ad Budget or a Premium Ad Budget (each an Ad Budget) in your Agreement:

Job Ads

1. All job ads posted on the Site remain posted for 30 days (unless removed earlier).
2. You are obliged to pay the full price for each job ad, even if you request the withdrawal of your ad at any time (whether before or after it appears on the Site).
3. You will note that the prices of the type of Ads explained below will be adjusted from time to time during the subsistence of the Agreement. We reserve the right to change the name of the Ads and change different features accordingly.

(i)  Currently you are entitled to post Ads in different locations and sites. Subject to product augmentation we are at liberty to alter the treatment of posting and pricing for ads to different country and within country locations

(ii) For Hirers purchasing ads via our Advertiser Centre, the price will be displayed to you at the point of posting as part of your job ad posting process.

(iii) For hirers purchasing ads via other means, the cost of a job ad may not be displayed at the point of posting if you are not using our Advertiser Centre to post your ad and you should use the above link prior to purchasing if you wish to look up prices.

4. When posting a single ad on the Site not pursuant to an Agreement, you agree to the price of that job ad as at the time of posting (including any applicable discount) being charged to you. For posting ads pursuant to an Ad Budget purchased in your Agreement, see below.
5. We shall be entitled at our discretion rename the ads at any point of time but retaining the proprietary values attached.

SEEK Ad Types

Basic Ads

6. A Basic Ad is our basic job ad. A Basic Ad entitles you to:
7. when a Basic Ad is included within a candidates’ search results, the relevant role title for the ad and a brief description of the position you are advertising being displayed to candidates; and
8. when selected by a candidate from our search results, the full contents of the job ad being displayed to the candidate.
9. From time to time we may repost your Basic Ad on the website/s of its related bodies corporate to increase the exposure of your ad.

BrandedAD+

8. A BrandedAD+ (also shown on the website as a BrandedAD+) listing entitles you to the features of a Basic Ad listing plus the following when a BrandedAD+ is included within a candidates’ search results:

• up to three Text points – “selling points”;
• your logo at the right-hand side of the ad (provided you have submitted an electronic version of your logo for those purposes); and
• a border around the ad summary when it appears in the search result (defined as a “BrandedAD+”).

9. You must provide us with the necessary materials and information (outlined above) required to publish the BrandedAD+ on the commencement date of the ad. Failure to do so will result in the ad being published as a Basic Ad but you will be charged the BrandedAD+ price.
10. We reserve the right to withhold publication of any logo in the search results where we reasonably believe that the creative design is not a logo or is otherwise not appropriate for posting on the Site.
11. All logos must comply with our advertising specifications, which will be provided on request.

Premium Ads

12. A Premium Ad listing entitles you to the features of a BrandedAD+ ad plus the following increased exposure of your ad.
13. During the period that a Premium Ad is live on the Site we take various measures to increase the exposure of your Premium Ad with the aim of obtaining on average more applications which would be received for your ad over a 30-day period if it was a BrandedAD+. Such measures may include but are not limited to ads appearing more frequently on the job search results page on the Site and App, in email communications to relevant candidates and on partner sites such as Jora. You acknowledge that the promotion measures employed by us, and the frequency of that promotion are at our sole discretion.
14. Whilst Premium Ads receive greater exposure on the Site than other job ads, we provide no guarantee and makes no representation that a Premium Ad will result in an increase in the number of applications received in response to that Premium Ad, and you acknowledge that application levels are influenced by many factors beyond our control.

Ad Budgets

15. By agreeing to purchase an Ad Budget you are committing to pay us the amount of your Ad Budget set out in your Agreement over the Contract Period (as those terms are defined in your Agreement), regardless of whether or not you have utilised the full value of your Ad Budget.
16. Your Ad Budget allows you to post any of the ad types specified in your Agreement at any time during the Contract Period until you have exhausted the HKD amount for the Ad Budget within your Agreement without the need to commit any additional spend. For more information on each job ad type, see below.
17. If you have used the entire amount of your Ad Budget prior to the end of the Contract Period, you may post Additional Ads (as that term is defined in your agreement) and avail discounts as per the agreement on prevalent rate set out in your Agreement until the end of your Contract Period. If you have the value of less than 1 full job ad remaining in your Ad Budget (i.e. you have a fraction of an ad remaining), you will be able to use this remaining HKD amount towards any Additional Ad purchase prior to the end of your Contract Period and you will be invoiced for any shortfall.
18. Any unused Ad Budget amount (including any amount which may constitute a fraction of an ad) that is not used prior to the end of the Contract Period will expire and cannot be rolled over into a subsequent agreement.

19. The price of posting a job ad at any point in time (including any applicable discount) is available to you:
    • For hirers posting via our Advertiser Centre, at the point of posting as part of your job ad posting process; or
    • For hirers posting via other means, using the following link and your Advertiser Centre login details – https://rms.jobsdb.com/hk/en/emppurchaseonline/rms-package . (Note: the cost of a job ad may not be displayed at the point of posting if you are not using our Advertiser Centre to post your ad).

20. By posting an ad on our website (Site), you agree to the price of that job ad, as at the time of posting (including any applicable discount), being deducted from the amount of your Ad Budget committed to in your Agreement.
21. Your Ad Budget is valid for the term specified as the Contract Period in your Agreement unless concluded earlier as set out in your agreement.
22. The balance of your Ad Budget remaining at any point in time can be calculated by deducting the value of any job ads posted by you to that point in time as part of your Agreement from the value of your Ad Budget and will be expressed as an HKD amount and be shown in your Advertiser Centre account and available from our Customer Support.
23. You’ll be billed for your Ad Budget as set out in your Agreement.
24. Upon expiry of your Ad Budget and in the absence of a subsequent Ad Budget being purchased, any further ads posted on the Site will be billed at our then per unit price for casual purchasers (unless agreed otherwise).

Our Contracts and Premium Packs

25. If your Agreement includes a Premium Ad Budget in addition to your Ad Budget then:
26. you acknowledge that the Premium Ad Budget amount set out in your Agreement may only be applied towards the purchase of Premium Ads; and
27. the cost of any Premium Ads posted during the Contract Period will first be deducted from your Premium Ad Budget and once until this amount has been exhausted, the cost of any subsequent Premium Ads posted during the Contract Period will, where your Ad Budget has not yet been exhausted, be deducted from the amount of your remaining Ad Budget, or otherwise, posted as Additional Ads as described in clause 24.

Talent Search and Our Profiles

26. The Talent Search allows advertisers to search, refine and connect with candidates via a candidate’s Profile in relation to advertisements placed on the Site.
27. A Profile is created by a candidate and is a summary of information regarding their career and work history to which they may attach their resume.
28. You must be 18 years of age or above.
29. You shall use the Jobsdb.com Resume Database as provided in these Terms, in any contract you have with Jobsdb.com, and in compliance with all laws including laws governing personal data.
30. We grant you a limited, personal, terminable, non-transferable, non-exclusive right to access Jobsdb.com Resume Database via Jobsdb.com Website for the purpose of viewing and/or downloading a single copy of available Jobsdb.com Profiles and resumes solely for your use subject to the provisions of this Section.
31. Jobsdb.com Resume Database is to be accessed and used solely by you. You will be provided with a unique password that will permit you to access the Resume Database.
32. You shall not share your Account with any other party.
33. You agree that you shall not disclose any of the data from Jobsdb.com Resume Database to any third party, unless you are an authorized recruitment agency, or staffing agency or using Jobsdb.com Profiles and resume explicitly for employment purposes.
34. You shall take appropriate physical, technical, and administrative measures to protect the data you have obtained from Jobsdb.com Resume Database from loss, misuse, unauthorized access, disclosure alteration or destruction.
35. The Jobsdb.com Resume Database shall not be used:-

35.1. for any purpose other than as an employer and/or on behalf of an employer seeking employees; or

35.2. to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletter to Jobsdb.com Profile or resume holders or to contact any individual unless they have agreed to be contacted.

36. The data obtained from the Jobsdb.com Resume Database shall not be kept longer than is necessary for the fulfillment of the purposes set out in this Section. In this respect, you agree and undertake to delete, destroy and/or purge such data from your records.
37. You may not use Jobsdb.com Resume Database in any way which, in our sole judgment, adversely affects our business, business prospects, the performance or function of any of our website or Jobsdb.com Resume Database, or interferes with the ability, of other subscribers to access the Resume Database.
38. In order to ensure a safe and effective experience for all of our customers, we reserve the right to limit the amount of data (including Jobsdb.com Profile and resume views) that may be accessed by or provided to you in any given time period. These limits may be amended in our sole discretion from time to time.
39. You may use your subscription to Jobsdb.com Resume Database only for seeking candidates for employment. You are specifically prohibited from using information contained in Jobsdb.com Resume Database to sell or promote any products or services or to take any other action that is, in Jobsdb.com’s sole judgment, inconsistent with these Terms, misleading or incomplete, or in violation of any laws or regulations.
40. We may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of Jobsdb.com Resume Database at any time. By permitting access to Jobsdb.com Resume Database, we do not convey any interest in or to the Resume Database or any other of our property or Services. All rights, interest in and to the Resume Database is and shall remain in us.

41. Display Advertising

Display advertising refers to our offering to promote an advertiser’s message and/or creative design, surfaced through banners or other ad formats (consisting of text, images, html5 and video) (Display Advertising), on websites, apps and/or social media including but not limited to these platforms that are powered by the our Group. In relation to your Display Advertising:

42. We reserve the right to withhold publication or remove any Display Advertisement if it believes at its sole discretion that i) the creative design; ii) the copy of the advertisement; or iii) the page to which the advertisement links to is a) not aligned to employment or career related services and/or; b) not appropriate for distribution by us and we will not unreasonably exercise this right.
43. All Display Advertising must comply with our advertising specifications, which will be provided on request.
44. For the purpose of determining the consumption of contracted quantities of Display Advertising, consumption of impressions (and the like) will be calculated according to our ad serving platforms

The following terms apply to Flexible Ad Budget, Branded Ad Budget or a Premium ad Budget purchases made via our website https://rms.jobsdb.com/hk/en/emppurchaseonline/rms-package If you have purchased your contract via our Sales Team or signed a written contract, please disregard the below terms.

AGREEMENT TERMS

The following terms (including the Site Terms referred to below) apply to your use of ad products under an agreement purchased via our website. All amounts listed in your contract are as per your Service Agreement.

Contract Period

45. From the time this Agreement is executed your Contract Period will have a definitive period when the Agreement shall commence and end. While your existing Agreement is still valid you may enter into another fresh Agreement. From 2023 the Contract Period commences on the Start Date listed in your agreement and will continue until the End Date listed in your agreement, unless during the term of your agreement you enter into a Queued Agreement in which case your active agreement will expire on the earlier of the End Date listed in that agreement or the date upon which you have consumed the Ad Budget in that agreement. Queued Agreement means our advertising agreement that is specified to commence upon expiry of your existing advertising agreement. We will send an email to you notifying you once the Contract Period has commenced.

Payment

46. Payments can be effected using Amex, Master or Visa credit and debit cards or any other payment methods as agreed between you and us .
47. Posting of Additional Ads (as that term is defined below) will be invoiced separately.

Job Ad Rates

48. A Flexible Ad Budget may be used to post Basic, BrandedAD+ and Premium Ads at your discretion.
49. A Branded Ad Budget may be used to post BrandedAD+ and Premium Ads, at your discretion.
50. By posting an ad on our website, you agree to the price of that job ad, as at the time of posting, being deducted from the amount of your Ad Budget (being your total minimum commitment for job ads under your agreement). For more information regarding our job ad types and consumption of your budget see below and our Product Terms.
51. Basic Ads – Basic Ads are priced based on the rate cards and subject to change from time to time. The price of a Basic Ad will be the price of that ad at the time of posting less the discount set out in your agreement.
52. BrandedAD+ Ads – BrandedAD+ Ad prices are variably priced based on the rate cards and subject to change from time to time.The price of a Branded Ad will be the price of that ad at the time of postings less the discount set out in your agreement.
53. Premium Ads – Premium Ads are priced based on rate cards and subject to change from time to time. The price of a Premium Ad will be the price of that ad at the time of posting.

Additional Job Ad usage

54. In the event that your total spend on our job ad products exceeds the amount of your Ad Budget, additional ads may be purchased at the same discount rates (as applicable) under your agreement until the end of the Contract Period in your agreement (Additional Ads).

Other Products

55. Any of our products or services not listed in your agreement that are purchased by you will be charged at the per unit price for casual purchasers at the time of purchase and invoiced separately. For more information see our Advertising Terms and Product Terms.

Additional Terms & Conditions for Agreement Terms

56. Use of the website and the products and services listed in your agreement are governed by these terms and conditions, including the below terms, which are incorporated into and form part of your agreement:

1. 1. SEEK’s Advertising Terms and Conditions which can be found at https://hk.jobsdb.com/en-hk/pages/terms/advertising-terms-conditions/ (Advertising Terms);
   2. specific terms and conditions applicable to individual products and services, which can be found at https://hk.jobsdb.com/en-hk/pages/terms/product-terms-conditions/ (Product Terms); and

For the purposes of your agreement, these terms are collectively known as the “Site Terms”. If there is any conflict between the terms of your agreement and the Site Terms, to the extent of any inconsistency the terms of your agreement will prevail. The terms and conditions of your agreement together with the Site Terms (the Agreement Terms) constitute the entire agreement between you and us. By posting ads on our Website or accessing the products and services listed in your agreement you acknowledge that you have read and understood all of the Agreement Terms and agree to be bound by them.

57. The Agreement Terms may not be amended without our consent. Requests to change the Agreement Terms must be made in writing to our representative. If an amendment to the agreement is granted, we will notify you in writing.
58. Where you have selected to ‘pay by invoice’ for your minimum investment, or you are invoiced for Additional Ads posted during the Contract Period, our standard payment terms are 7 days from the date of invoice. Please refer to the Site Terms for further information regarding payments.
59. You irrevocably authorise and consent in writing (when necessary) to us, its servants and agents to make such enquiries as they deem necessary to investigate your credit worthiness from time to time. You authorise the disclosure to us any such information concerning you in relation to the assessment of your credit worthiness, risk and solvency. We may refuse to grant credit if any information to which we are entitled is not provided.
60. You will be bound from the date of your agreement and are obliged to pay your minimum investment amount set out in your agreement regardless of whether or not you utilise the full value of the products you have purchased during the Contract Period or we shall terminate your agreement in accordance with the Agreement Terms.
61. The Parties expressly agree to waive and set aside their respective rights and obligations under any applicable law in the event of any termination of this agreement to the extent that such law requires any judicial pronouncement for the termination of this agreement.
62. You understand that any personal information that you provide to us shall be used to provide the services and products. By signing to this agreement, you agree and consent to us collecting your personal information and our Privacy Statement. You also represent that all personal information that you provide or will provide to us is true and accurate. We will not be responsible for any loss or harm due to the inaccuracy of personal information provided.
63. These Agreement Terms shall be governed by and interpreted in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China (Hong Kong). You 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.