Welcome to use member service of JobMarket’s website www . jobmarket . com . hk (“Website”) including but not limited to recruitment, career and education services ("Service"). Please read the following terms and conditions before using the Service.

By registering as member of JobMarket (“Member”), you are bound and agree to abide by the Terms and Conditions herein.  Job Market Publishing Limited (“JobMarket”) may revise the same whenever it deems necessary.

1. Service Information

The Service is delivered or made available to Members for using, browsing or downloading via internet or other electronic tools.  Members should understand and agree that the Service may include advertisements which may be deemed necessary for JobMarket in the provision of Service.  Please note that some of the Service may contain adult content which shall only be available to Members aged 18 or above.

2. Member's Responsibility

To ensure the proper use of the Service, Member must comply with the following:

(i) The Service is only granted to registered Members.  Membership is non-transferrable;
(ii) You should register and provide us your accurate and complete personal information;
(iii) It is your responsibility to update and maintain changes to ensure accurate personal information are provided.  In case of provision of any false, incomplete and misleading information, JobMarket has the right to suspend or terminate your access to the Service and your membership; and
(iv) You have to pay at your own expense for using the Service, including telephone lines, computer, modem and other devices, and to ensure they are in normal operation.

3. Non-Transferrable Service Right

The Service is only granted to registered Members.  Without the written permission from JobMarket, you may not reproduce, copy, distribute or in any way exploit any part of the Service.  You may not distribute any part of the Service or its content over any network including a local area network.  In addition, the contents of Service may not be used to extract or construct any kind of database or for commercial purposes.

4. User Conduct

Member should understand and agree not to use the Service and/or any of its contents if it is intended for the following purposes:

1. To post or submit any incomplete, false or inaccurate resume, personal information, or any non-resume related information or data to the Service, the Website or JobMarket;
2. To reproduce, duplicate, copy, sell, trade, resell or exploit the Service or the Website (including but not limited to contents, advertisements and software) for any commercial purposes;
3. To violate other personal privacy, threats, tracking, immoral or illegal activities or transmit any unlawful, harmful, defamatory, slanderous, harassing, discriminatory, abusive, vulgar and obscene messages upon use of the Service;
4. To use false identity to provide any content of the Service or their source;
5. To collect and store other Member's or user's personal data;
6. To promote direct sales, direct marketing, advertising letters, junk mails, chain letters, surveys, contests, competitions, mobile communications, telemarketing, etc. or send any messages containing commercial content;
7. To transmit or upload any program with virus, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
8. To transmit or upload any content which violates intellectual property rights, infringes upon other's personal privacy or reputation or trade secrets;
9. To delete, revise or remove any material posted by any other person or entity;
10. To commit identity theft or misappropriation of other's accounts for the Service, or misrepresentation of your relation with other entity;
11. To violate or attempt to violate the security of the Service including, without limitation, to accessing data not intended for them, gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
12. To interfere or disrupt the Service or its network and server which affects the normal operation of the Service;
13. To interfere with other Members or users in using the Service; and
14. To violate any applicable laws.

Any violation of this Clause is a breach of the Terms and Conditions herein.  JobMarket reserves the right to terminate or restrict your access to the Service and your membership forthwith.

5. Job Application and related services

1. Each Member acknowledges that the personal data or information given to the employers or recruiters who place their job advertisements on or through the Services (collectively “Employers”) is given entirely at his/her own risk. JobMarket will not be responsible or liable in any case if any Employers use Member's personal data for any other purposes other than for seeking employees for the posts as shown in their job advertisements.
2. Member may send their resume directly to any Employer by their own means (such as email, fax, etc).  Alternatively, Member may send his/her resume to the Employer through the Service in reply to any job advertisement.  In such event and subject to the legal requirement, Member's resume will be retained on the Service for a predetermined period (as indicated in the job application webpages) unless Member requests to erase or delete it, notwithstanding the deactivation of the Service herein.  Member acknowledges his/her resume and other data and information are stored in JobMarket's database at his/her own risk.
3. If you have selected the profile privacy setting in the Profile and Online Resume in your Member account as “OPEN” or “LIMITED”, you acknowledged and consented some of your personal data (as specified in the profile privacy) will be available for Employers to search through candidate match service to invite suitable candidates for job applications and for the Website’s system automatically search for jobs recommended to you. You may login to your Profile or Online Resume and change your profile privacy setting at any time.

Although JobMarket shall use its best endeavors to restrict access to the database only by the Employers and internal authorized personnel of JobMarket, JobMarket does not warrant or guarantee that any unauthorized third parties will not gain access to JobMarket’s database. You may disable viewing and/or searching by Employers of your personal data in your Profile and Online Resume by changing the profile privacy setting in your Profile and Online Resume from “Open” or “Limited” to “Hidden” at any time (processing time is required for such changes). However, Member acknowledges that the Employers, and other parties who have otherwise gained access to JobMarket’s database, may have retained a copy of Member's resume in their own database already. JobMarket has no control and is not responsible for the retention, use, or security of resumes in these instances, or for the use or security of resumes by any of such parties while the resumes are in their own database.
Member acknowledges and agrees to JobMarket's practice of charging Employers a fee for access to the Service and JobMarket's database and to Member's resume and details (subject to Member’s profile privacy setting).  Member also acknowledges that he/she has no claims to any such fees for providing their resume and personal data and information to or through the Service or Website.
JobMarket shall not in any way be considered an agent of either Employer or Member with respect to any use of the Service. JobMarket shall not be responsible in any way for any decision, for whatever reason, made by any Member, Employer or third party who use the Services.

6. Privacy

JobMarket agrees to protect Member's registered information and other relevant personal data pursuant to the Personal Data (Privacy) Ordinance, Chapter 486.

7. Username, Password and Security

Each Member will receive a username and password after registration.  You should be responsible for maintaining the confidentiality of your password.  You are allowed to change your password when necessary.  You should agree to:

(i) Notify JobMarket of any known or suspected unauthorized use of your account or security problem;
(ii) Completely log-out from your account each time immediately before disconnection with JobMarket; and
(iii) Be responsible for all usages under and activities of your account.

JobMarket shall not be responsible for any loss or damage arising out of your breach under this Clause.  Any violation of this Clause is a breach of the Terms and Conditions herein.  JobMarket reserves the right to terminate or restrict your access to the Service and your membership forthwith.  Any illegal activity may be a ground for termination of your membership.  JobMarket may at its sole discretion refer you to the appropriate law enforcement agencies.

8. Useful Links

The Service may contain links to other related worldwide web internet sites, resources, partners and sponsors.  You understand and agree that JobMarket is not responsible for their availability or their content (including information, products and advertisements), and your loss, damage or injury resulting from your access or inability to access thereto, or from your reliance on any information provided therein.  Members should direct any concerns regarding any external link to the site administrator or webmaster of such site.

9. Disclaimers of Warranties

Members agree and confirm that:

1. In the discharge of obligations to the Service, JobMarket is only responsible to use reasonable skills and to perform on an "as is" basis.  Each Member bears the risk of using the Service or submitting any information through the Service or Website;
2. JobMarket will not guarantee or warrant the following:

(a) The Service or any of the contents thereof has met each Member's expectations or any specific standards or requirements;
(b) This Service will not be affected by any interference, be timeliness, secured and reliable or without errors; and
(c) The accuracy, currency or completeness of the information provided under or through the Service (including but not limited to the advertisements and job posts).

1. JobMarket is not liable for any loss or damage from the accuracy or reliability of the Service; and also not responsible for any compensation for the interruption or suspension of the Service;
2. JobMarket and its officers, directors, shareholders, employees, agents, parents companies, subsidiaries or representatives will not be liable for any loss or damage caused by the Service, including those arising from the negligence or omission in the distribution, sorting, interpretation, adaptation, reporting or issuing of the content, and any loss or damage caused by any third party using the Service, including but not limited to users, advertisers andEmployers; and
3. Your correspondence or business dealings with, or participation in promotions of, advertisers (including but not limited to Employers) found on or through the Service, including job applications, submit your information for job recruitment purpose, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser, and at your own risk. You agree that JobMarket is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of the advertisers on the Service.

10. Modification

1. JobMarket may temporarily or permanently modify the Terms and Conditions herein and/or the Service without prior notice to Members at any time.  Such modifications shall be immediately effective from the date of publication and/or posting.  As a Member, you agree to review the Terms and Conditions periodically to ensure that you are aware of such modifications.  Your continued access or use of the Service shall be deemed your conclusive acceptance of such modifications.  You have agreed that JobMarket shall not be liable to you and other third party in relation hereto.  JobMarket further reserves the right to impose fees or charges for the Service or any part of the Service provided that users prior agreement to pay such fees or charges will first be obtained. 

JobMarket will not be bound by any terms, conditions or instructions unilaterally imposed by you.

11. Suspension or Termination of Service

JobMarket may suspend or terminate the Service without any prior notice to Members, and your access to the Service and your membership without any prior notice.  JobMarket may also, without any liability, impose limits on any part of the Service and restrict your access thereto without any prior notice.

12. Compensation

You acknowledge and agree to indemnify and compensate JobMarket, all its officers, directors, shareholders, employees, representatives, agents, parents companies, subsidiaries, affiliates, licensors or any other third party for any loss, damage, harm or claim arising from your violation of any Terms and Conditions herein (including but not limited to any related interest, penalties and legal expenses).

13. Notification

JobMarket may inform you about the Service, the changes or news in relation thereto through emails, regular emails or Website.

14. Intellectual Property Rights

1. You agree and understand that all content of the Service, including but not limited to text, photos, pictures, graphics, videos, files, music, audio content, design or advertising content are only for your own online browsing and your own personal and non-commercial use.  All content is protected by copyrights, trademarks, service marks, patents and other intellectual property rights.  You may not copy, reproduce, distribute, publish, recreate or create derivative works or use screen scraping, data mining, robots or similar data gathering and extraction tools to the Service for establishing, maintaining, advancing or reproducing information contained in the Service on your own website or in any other publication or in any way exploit any part of the Service without JobMarket's written consent.  The copyright of all content of the Service is jointly or severally owned by the original creator and JobMarket.  You may not use the content unless with their written authorization. 
2. In order to operate and provide the Services, you grant the JobMarket a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, create derivative works of, display, and perform the information and contents that you upload, submit or store through the Services (“Information”).
3. JobMarket has the right to use such Information (other than personal data) in their affiliated publications and to use such Information for promotional and marketing purposes.
4. JobMarket has the right to edit, remove, modify, publish, transmit and display any submissions you make to the Website.

15. Legislation

The Terms and Conditions herein shall be construed and governed by the laws of Hong Kong.  You agree that any dispute arising hereunder shall be submitted to the non-exclusive jurisdiction of Hong Kong courts.

16. Terms of Use, Privacy Policy Statement and Copyright Notice of JobMarket apply to the Service and constitute part of the Terms and Conditions herein unless there is any inconsistency and conflict, which the Terms and Conditions herein prevail.

17. No failure on the part of JobMarket to exercise, and no delay in exercising, any right or remedy under the Terms and Conditions herein shall operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude or prejudice any other or further exercise thereof or the exercise of any other right or remedy.

18. Rights of Third Parties

Any person or entity who is not a party to the Terms and Conditions herein shall have no rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce any terms of the Terms and Conditions herein.

19. If any one or more of the Terms and Conditions herein shall be declared or adjudged to be illegal, invalid or unenforceable under any applicable law, such illegality, invalidity or unenforceability shall not vitiate any other provisions herein which shall be read and construed as if such declared or adjudged illegal, invalid or unenforceable provisions were not contained herein.

Last updated on 20 January 2017