Terms and Conditions for Job Seekers and Other Users
Please read the Agreement (as defined below) carefully before assessing to and/or using the Site (as
defined below). By signing up for any Services (as defined below) and/or accessing to and/or using the
Site, you acknowledge and agree to be bound by the terms, conditions and other provisions of the
“Account” means an account created for you as identified by User ID and protected by password enabling connection and/or access to and/or use of the Services and the Site as a Job Seeker.
“Agreement” means these Terms and Conditions that apply to your access to and use of the Services and the Site, and incorporating by reference other provisions applicable to the access to and use of the Services and the Site, including, but not limited to
“Cyberport” means Hong Kong Cyberport Management Company Limited.
“Job Seeker” means any individual using the Services or accessing to and/or using the Site other than as a Recruiter, who looks for job opportunities or browses the career information on the Site.
“Profile” means any CVs, employment information and such other materials, information and data provided, posted and/or made available on the Site by you, including any of your personal data.
“Recruiter” means any potential employer or recruiter (and/or its employee, agent, representative or service provider) who accesses to and/or uses the Site and/or any of the Services.
“Services” means any services that are accessible through the Site.
“Site” means the website located at “italent.cyberport.hk” and any other website, sites and/or platform designated as such by Cyberport from time to time, including, but not limited to, their contents, databases and mobile applications.
“you” means any user of the Site, whether an individual or entity, including, but not limited to, the Job Seekers and the Site’s users accessing to and/or using the Services and/or Site.
2. Your Access to and Use of the Services and Site
- You shall access to and use the Site for purposes relating to job seeking and/or other recruitment-related services provided by the Site only and shall comply with all applicable laws, regulations and rules in force from time to time. Job Seekers’ access to and use of the Services and Site is currently free of charge.
- You acknowledge and agree that you are solely responsible for the form, content and accuracy of all materials and information uploaded or otherwise made available on the Site, including, but not limited to, your Profile.
- You shall not upload, post, transmit or distribute in any way on or through the Site any non-resume related information or data, or any incomplete, misleading, false or inaccurate resume related information or data on or through the Site.
- You shall not upload, post, transmit or distribute in any way on or through the Site any material, information or data which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libelous, slanderous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, regulation or rule.
- You shall not upload, post, transmit, distribute or otherwise make available on the Site any material, information or data protected by copyright, trademark or other intellectual property or proprietary right without the express permission of the owner of the copyright, trademark and other intellectual property and proprietary rights and the burden of determining that any material, information or data is not protected by copyright, trademark or other intellectual property or proprietary right rests with you. You shall be solely liable for any claim, loss and damage resulting from any infringement of copyrights, trademarks and other intellectual property and proprietary rights, and any other harm resulting from such a submission.
- You shall not use any part of the Site or any content therein/thereon in any manner that infringes any copyright, trademark, or other intellectual property or any other right of any third party.
- You are prohibited from using any data mining, robot, screen scraping or any similar data gathering, extraction or publication tool on/through the Site, including, but not limited to, for the purposes of establishing, maintaining, advancing and reproducing information and data contained on/in the Site on your websites, sites, platforms, applications, products, services and publications, whether in online, digital or other format, except with Cyberport’s prior written consent.
- You authorize Cyberport to store your Profile and other materials, information and data related thereto in its database for a reasonable period permissible under the applicable laws.
- The right to access to and use of the Site is personal to you and is not transferable to any other person or entity.
3. Your Account
- You are responsible for the use of your Account and for ensuring that all use of your Account complies fully with the terms, conditions and other provisions of the Agreement. You shall be responsible for protecting the confidentiality and security of your password.
- You must never use another user’s Account without permission. When creating your Account, you must provide accurate, complete and up-to-date information. You are solely responsible for all activities that occur on your Account, and you must keep your Account password secure. You must notify Cyberport immediately of any breach of security and/or unauthorized use of your Account.
- You shall provide accurate information requested for the registration of your Account and are responsible for notifying Cyberport of any change of information and data in relation to your Account and Profile.
- Your Account will continue until either you or Cyberport terminates it by not less than one month’s notice in writing to the other.
- After termination of your Account, you will have no further rights to access the Services, provided that termination will not affect the rights or liabilities of either party that accrued prior to termination.
- Any provision in the Agreement which by its nature shall continue to have effect after termination shall survive termination of your account.
4. Your Profile
You acknowledge and agree that your Profile and any related information and data may be accessed by the Recruiters for the purpose of recruiting and assessing your suitability. In submitting your Profile, you can choose to limit the accessibility and availability of your information to the Recruiters with the following options at your sole discretion:
- Searchable Profile: All personal data and other information as set out in the Profile of the Job Seeker shall be assessable and available to the Recruiters searching on the Site;
- Anonymous Profile: All personal data and other information as set out in the Profile of the Job Seeker (except the name and contact details) are assessable and available to the Recruiters searching on the Site while the Profile of such Job Seeker (including the name and contact details) are only assessable and available to the Recruiters upon such Job Seeker’s approval on each and every occasion when the Recruiter searches;
- Private Profile: All personal data and other information as set out in the Profile of the Job Seeker shall be restricted and not assessable or available to the Recruiters. The Profile will not be available to the Recruiters searching on the Site.
These options may be updated or changed from time to time by Cyberport.
By submitting your Profile and/or any other information or data, you unconditionally and irrevocably
grant to Cyberport all necessary authorisation and permission to deal with your Profile and such other
information and data in accordance with the terms and conditions of the Agreement.
6. Dealing with Advertisers
- The Job Seeker’s communications and business dealings with Recruiters made on and/or through the Site or pursuant to the Services are solely between such Job Seeker and such Recruiter. Cyberport is not involved in any way in any such communications or dealings, and Cyberport shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such communications or dealings or any breach of any terms and conditions of the Services or the Site by any Recruiter, including, but not limited to, tortious liability and negligence.
- Cyberport does not warrant or guarantee the accuracy of any of the Job Listings or any information provided by Recruiters. Should any dispute arise between any Recruiter and the Job Seeker, such Recruiter and such Job Seeker should resolve such disputes between themselves and Cyberport shall not be responsible and held liable for any disputes thereof.
7. Intellectual Property Rights
The Site contains copyrighted material, trademarks, other intellectual property rights, and other proprietary information, including, but not limited to, text, photographs, illustrations, graphics, layout, designs, logos, audio clips, video clips, audio-video clips and software (collectively, the “Entire Site Contents”). The Entire Site Contents are protected by copyrights, trademarks and other intellectual property laws, and are owned by Cyberport or its licensors. You may not copy, reproduce, modify, publish, display, transmit, distribute, store, sell, transfer, create derivative works from, or in any way exploit, any of the Entire Site Contents, in whole or in part. Except as otherwise expressly permitted under copyright and other intellectual property laws, no copying, modification, retransmission, redistribution, publication, display or commercial exploitation of any material of the Entire Site Contents will be permitted without the express permission of Cyberport and the relevant licensors in advance. In the event of any permitted copying, retransmission, redistribution, publication or display of any of the Entire Site Contents (the “Permitted Act”), no changes in or deletion of any author attribution, trademark legend, copyright notice or other proprietary notice shall be made. You acknowledge and agree that you do not acquire any ownership right of any of the Entire Site Contents or through your exercise of any Permitted Act.
8. Restrictions on Use
You shall not use any materials on the Site for any purpose other than to access the same in accordance with the terms and conditions of the Agreement. In particular, you shall not:
- use any materials on the Site or any part thereof for any commercial use or exploitation including advertising and marketing purposes;
- copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the contents without prior written permission of Cyberport;
- modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software on the Site;
- use the Site in any way that may impact other users’ access to the Site; or
- use the Site in any way that is contrary to any applicable laws or regulations or may cause harm to the Site, to Cyberport or to any person or business entity.
9. Amendments to Terms
Cyberport shall have the right at any time to change and/or modify the terms, conditions and other provisions in the Agreement applicable to your access to and use of the Site or the Services, and/or any part thereof, and to impose new terms and conditions, including, but not limited to, introducing fees and charges for use. Such changes, modifications, additions and deletions shall be effective immediately upon notice thereof, which may be given by means including by posting on the Site, or by electronic or conventional mail, or by any other means as reasonably decided by Cyberport. Any continued access to and/or continued use of the Site by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications, additions and deletions. Cyberport, however, will not introduce any fees and charges for use against you unless your prior agreement is obtained.
10. Changes to the Services and Site
Cyberport shall have the right at any time to change or discontinue any aspect or feature of the Services and the Site, including, but not limited to, products, services, contents, hours of availability, and equipment needed for access and/or use.
Cyberport will use reasonable endeavours to ensure that the Site is available for access at all times. Notwithstanding this, Cyberport and its third party service providers may be required to undertake maintenance and upkeep of the Site from time to time. In any event, Cyberport provides no warranty that the Services generally available through the Site will be uninterrupted, error free or delay free.
You shall indemnify and keep indemnified Cyberport, its directors, officers, employees, agents, contractors, third party content providers and licensors (collectively the “Indemnified Parties” and each an “Indemnified Party”) in respect of all losses, damage, costs and expenses including legal fees arising directly or indirectly from: (i) the uploading, publication and/or display of your Profile; (ii) any breach of any of the terms, conditions and other provisions of the Agreement by you or any persons using your Account; (iii) any negligent or improper use of the Site by you or any persons using your Account; and/or (iv) any third party claims against any of the Indemnified Parties because of (i), (ii) or (iii) above in this Section. In any case where a claim is or may be made or threatened against any of the Indemnified Parties of which Cyberport is aware, Cyberport will give notice in writing to you and will take reasonable steps to consult with you before any claim is settled, defended or otherwise determined, provided that a failure to consult shall not affect your liability under the Agreement.
13. Disclaimer of Warranties; Limitation of Liability
- You expressly agree that use of the Site is at your sole risk. Neither Cyberport nor any of its directors, officers, employees, agents, contractors, third party content providers or licensors (collectively, the “Cyberport Parties”) warrants that the Site and its servers will be uninterrupted, error and delay free.; nor do they make any warranty as to the results that may be obtained from access to or use of the Site, or as to the accuracy, timeliness, authenticity, completeness, reliability of content of any information, service, or product provided on or through the Site.
- The Site is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to the Agreement.
- This disclaimer of liability applies to any damages or injury caused by any failure of performance, omission, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious liability, negligence, or under any other cause of action. You specifically acknowledge that none of the Cyberport Parties shall be liable for any defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the relevant users or third parties (as applicable).
- To the maximum extent permitted by the applicable laws, in no event will Cyberport or any person or entity involved in creating or producing the Site be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the access to, use of or inability to access to or use the Site. You hereby acknowledge and agree that the provisions of this section (disclaimer of warranty; limitation of liability) shall apply to all contents on/in the Site.
Cyberport shall have the right, but not the obligation, to monitor the contents of the Site, to determine compliance with the Agreement and any operating rules established by Cyberport and to satisfy any law, regulation or governmental request. Cyberport shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, Cyberport shall have the right to remove any material that Cyberport, in its sole discretion, finds to be in violation of any provision in the Agreement or otherwise objectionable, without having to give any reason or provide any notice to the relevant users.
Unless otherwise expressly provided in the Agreement or required for performing its obligations hereunder or as requested by or pursuant to law or regulatory bodies or with the prior written consent of the other party to the Agreement, neither party shall disclose, reveal or make public except on a confidential basis to the staff, professional advisers or contractors of that party any information that it has received from the other party pursuant to the Agreement on a confidential basis, all of which shall be strictly confidential.
16. Suspension or Termination upon Breach
Cyberport reserves the right at all times to suspend, prohibit and/or deny your access to and/or use of the Site (or any part thereof) and/or any Services offered on or through the Site immediately and without notice, and without any compensation or recourse, where Cyberport is of the opinion that you have breached any of the terms, conditions and other provisions under the Agreement.
17. Links to other Sites
Links on the Site, if any, may take you to other sites and you acknowledge and agree that Cyberport shall have no responsibility for the accuracy or availability of any information provided by linked sites. Links to other sites are provided solely as a convenience and do not constitute any endorsement or recommendation by Cyberport of such sites or the information, products, services, advertising or other materials available on those sites.
18. Third Party Contents
Neither Cyberport nor any third-party provider of information and contents guarantees the correctness, accuracy, completeness, reliability, usefulness, timelines or otherwise of any such information or content, nor its/their merchantability or fitness for any particular purpose.
- No waiver by either party of any breach or default under the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
- The illegality, invalidity or unenforceability of any provision of the Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdictions nor the legality, validity or enforceability of any other provisions.
- The Agreement does not create any agency, employment, joint venture, partnership, representation or fiduciary relationship between the parties to the Agreement. Neither party shall have the authority to create any obligation on behalf of the other party.
- Cyberport will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including, but not limited to, acts of God, boycotts, embargoes, governmental restrictions, quarantine orders, terrorist attacks, wars, war-like action, civil commotion, riots, uprising, revolutions, earthquakes, epidemics, pandemics, other infectious diseases, other natural occurrence.
- You shall not assign, transfer or sub-license any of its rights or obligations under the Agreement without the prior written consent of Cyberport, whose consent shall not be unreasonably withheld, delayed or conditioned. Cyberport may assign, transfer or sub-license any of its rights or obligations under the Agreement to any third party by giving not less than one month’s notice to you.
- The Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws rules. Each party agrees to submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
- The parties to the Agreement expressly agree and acknowledge that the terms, conditions and other provisions of the Agreement shall not be enforceable by and do not confer any right on any person, entity or third party who is not a party to the Agreement.