Definitions
In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:-
Advertisement
any Advertisement issued by JobSake on behalf of the Client;
Applicant
a Candidate who applies for a vacancy advertised on the Site;
Application
an Application made by a Candidate to a vacancy advertised on the Site;
Candidate
a person who uses the Site for the purpose of finding employment;
Client
the person(s) who have signed a Service Agreement for use of the JobSake and Services;
Conditions
these Standard Terms and Conditions;
CV
the curriculum vitae or brief outline details of a Candidate's education, training, skills and employment experience which is provided to JobsSake by a Candidate for distribution to Clients with a view to securing employment;
CV Service
a CV Service which enables the Client to search for and view CVs online using various search criteria;
End Client
the person to whom the Client's services are provided;
JobSake.Com
a personalised page of the Site where a Candidate may access their own personal details, their CV, and a range of other services;
Registration
the process a Candidate completes in order to store and save their details and CV on JobSake, for the purposes of securing employment;
Services
the Services which JobSake has agreed to provide to the Client and the Services which are available on the Site for use by Candidates;
Service Agreement
the service agreement entered into between the Client and JobSake;
Site
the Site at www.jobsake.com or any other website operated and maintained by JobSake from time to time;
2Checkout.com
2Checkout.com, Inc. is an authorized retailer of goods and services provided by JobSake.Com
In these Conditions:
a)
References to any statute or statutory provision shall, unless the context otherwise requires be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
b)
References to the masculine include the feminine and the neuter and the singular include the plural and vice versa as the context admits or requires;
c)
Words importing persons include individuals, bodies corporate and unincorporate; and
d)
Headings will not affect their construction.
Application of the Terms
a)
These Conditions to the exclusion of all previous terms and conditions issued by JobSake shall apply to any Candidate who uses JobSake after the date on which these Conditions were posted on the Site.
b)
These Conditions are deemed to be fully read, understood and accepted by the Candidate upon acceptance of these Conditions during Registration, or in the case of a Candidate who has not completed Registration, when an Application is made.
c)
No variation or alteration to these Conditions or any representations about the Services shall have any effect unless expressly agreed and confirmed in writing by a director of JobSake.
Services Generally
a)
JobSake does not make any representation whatsoever about any Advertisement accessed either on, by virtue of or by way of any links from the Site nor about any of the Clients who use Services on the Site. JobSake relies on information provided to it by Clients and via third parties and accordingly it is a matter for the Candidate to satisfy itself as to the suitability of any Client using Services on the Site or of any Advertisement found directly or indirectly through the Site.
b)
JobSake shall be entitled at anytime without notifying the Candidate to make changes to the Services which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided
c)
Any intellectual property, ideas, concepts, know-how or techniques developed by JobSake or obtained during the execution of the Services will be owned exclusively by JobSake.
d)
The Candidate accepts that JobSake shall not be liable for any failure to provide the Services (or any part thereof) as a result of the Candidate's failure to comply with these Conditions.
e)
The Candidate agrees to provide JobSake, in such a format as JobSake may request, any information necessary to enable JobSake to provide those Services.
f)
JobSake shall not be obliged to provide those Services until the Candidate has supplied it with the information, necessary to provide those Services.
Applications and Applications Forms
If the Candidate makes an Application or is required to complete an Application Form as part of an Application, the provisions of this clause 4 shall apply thereto:
a)
The Candidate hereby undertakes that:
b)
They have fully read and understood the requirements of a vacancy Advertisement on the Site to which they make an Application;
c)
They have the appropriate skills and qualifications required by the Client and the necessary qualifications required by law;
d)
They satisfy or will attend to the necessary immigration requirements of the country in which the position will be situated;
e)
The details they provide to the Client as part of an Application or in an Application Form are a true and accurate reflection of their education, employment, training history and that their personal details are correct;
f)
That if any of the information used in an Application or Application Form is found to be false or inaccurate in any way, that JobSake reserves the right to remove those details and/or suspend the use of the Services on the Site for the Candidate;
g)
In respect of any information submitted during the Application by the Candidate which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, the Candidate has obtained the authority of such living person to make use of such name, representation and/or copy.
h)
JobSake has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Application accepted by it.
i)
JobSake may refuse, withdraw, or require to be amended, any Application which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon JobSake or the Candidate or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
j)
When a Candidate makes an Application through the Site, JobSake will pass the Candidate's details to the Client who placed the Advertisement for the purpose of that one Application only.
k)
The Candidate accepts that JobSake cannot be held responsible for the content of Advertisements on the Site and that no obligations are imposed on JobSake in this regard.
Indemnity
a)
All users agree to indemnify, and withhold from any claim the Company, its officers, directors, employees and agents from and against any claims, actions, demands, losses or damages arising from or resulting from their use of the Company's Web Sites or their breach of the terms of this Agreement.
b)
The Company shall provide prompt notice of any such claim, suit or proceeding to the relevant user.
Return Policy Returns will NOT be accepted for any other reason on Any Accounts, No Exceptions.
Disclaimer
THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR ANY LOSSES OR DAMAGES SUFFERED BY ANY USER WHATSOEVER ARISING OR RESULTING FROM THEIR USE OR INABILITY TO USE THE COMPANY'S WEB SITES AND ITS CONTENTS.
Limitation of Liability
Without prejudice to the above, the aggregate liability by the Company to any user for all claims arising from their use of the Company's services and the Company's Web Sites shall be limited to the amount of the existing package fee subscribed to and paid for by the user (if any) and operative at that time.
Governing Law and Jurisdiction
This Agreement and any dispute or matter arising from or incidental to your use of the company's Web Sites shall be governed by the laws of Malaysia and both you and the Company submit to the Jurisdiction of the courts of Malaysia