1. |
General Rules |
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(a) |
By visiting this Internet
site, using the services available through this Internet site
and/or participating in the activities operated by this Internet
site, you are deemed to have agreed to be bound by all of
the terms and conditions stipulated herein. |
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(b) |
This Internet site www.a-performers.com ("Website") is owned by Job Market Publishing Limited, its parents, subsidiaries and/or affiliates (hereinafter collectively referred to as the "Company") which provides various services through the Website to you (“Service”) and all contents of this Website are owned or controlled by the Company. The Company reserves the right to modify the terms and conditions stipulated herein or any of them, or all of the features of or services available through this Website. Such modifications, if any, shall be effective immediately upon either posting of the modified terms and conditions or features, or notifying you as the case may be. You agree to review these terms and conditions periodically to ensure that you are aware of any modifications. Your continued use of the services available through this Website or continued access to this Website shall be conclusively deemed your acceptance of the modifications.
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(c) |
Where the Company is of the opinion that you have breached any of the terms contained herein, the Company is entitled at any time without prior notice to immediately terminate or suspend your account or your access to this Website and/or participation in a particular activity and/or membership provided by the Company or strategic or joint-venture partners or to take further action as the Company considers appropriate, desirable or necessary to prevent continual or further breach of any of the terms contained herein. For the avoidance of doubt, the Company shall have the absolute right to decide whether you and/or the other users and/or the advertisers are in breach of any terms and/or conditions contained herein. |
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(d) |
You agree that the Company may at any time and from time to time modify or discontinue or impose limits on certain services and features or restrict your access to, either temporarily or permanently, this Website (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website. |
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(e) |
Any disputes arising in relation to the
terms and conditions stipulated hereafter shall be governed
by the laws of the Hong Kong Special Administrative Region.
Any action arising therefrom shall be submitted to the exclusive
jurisdiction of the courts of the Hong Kong Special Administrative
Region. |
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(f) |
If any terms and conditions contained
herein is found by a court of competent jurisdiction to be
invalid, unlawful, void, or for any reason unenforceable,
then that terms and/or conditions (or portion thereof as is
deemed void, unlawful or unenforceable) shall be deemed severed
from the other terms and conditions contained herein and shall
not affect the validity and enforceability of any other portion
of such terms and conditions, or the remaining terms and conditions.
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(g) |
The terms "you", "user"
and "users" herein refer to all individuals and/or
entities accessing and/or using the Service at any time for
any reason or purpose. |
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2. |
Specific rules for Users |
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(a) |
You agree to use the Service only for
lawful purposes, and in a manner that does not infringe any
rights of any other users or restrict or inhibit the use and/or
enjoyment of the Service by any other users. |
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(b) |
You shall not transmit, publish, upload,
post, circulate or store any communications, materials, content
and/or information which is unlawful, harmful, threatening,
harassing, tortuous, defamatory, obscene, libelous or is otherwise
offensive or objectionable and/or contains viruses, 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, or other materials protected
by intellectual property laws, rights of privacy or publicity
or any other applicable law unless you own or control the
rights thereto or have received all necessary consents. |
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(c) |
The user shall not interfere with or
disrupt networks connected to the Service or violate the regulations,
polices or procedures of such networks. |
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(d) |
The user shall not attempt to gain unauthorized
access to the Service, other accounts, computer systems or
networks connected to the Service, through password mining
or any other means. |
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(e) |
You agree to keep the Login email and
password with care and not to disclose them to any other person.
You are solely responsible for maintaining the confidentiality
of and for any (authorized or unauthorized) use of the Login
email and password. You agree to notify the Service immediately
of any unauthorized use of the same. |
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(f) |
The personal information and/or resume
provided and submitted by you to the Service will be used
for assisting you to seek for appropriate employment opportunities
through the Service. |
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(g) |
You shall not post any incomplete, misleading
or inaccurate resume and/or personal information to the Service.
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(h) |
You may send your resume directly to any users who use the Service to advertise job vacancies. Alternatively, you may send your resume to the Service in reply to any job advertisement. In such event and subject to any applicable legal requirement, your resume will be retained, at your own risk, on the Service for a predetermined period notwithstanding the deactivation of the Service herein unless and until you request in writing to erase or delete it. |
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(i) |
You agree and accept that the personal
information given to the Service and/or the advertisers through
the Service is given entirely at your own risk. The Company
and/or the Service will not be responsible or liable in any
event if any advertisers shall use your personal information
for any use other than for the purposes stipulated herein.
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(j) |
If you choose to join the Job Referral
of Candidate Match function, you are deemed to consent to
disclose your resume to potential employers. All advertisers
and recruiters who place advertisements with the Service or
who subscribe the Service will have access to your resume.
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(k) |
You acknowledge and agree to the fact
that the Service or the Company may charge the advertisers
for fees for use and/or access to the Service. You further
agree that you have no right and/or claims to any fees and/or
charges received by the Service or the Company from the advertisers.
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3. |
Monitoring |
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(a) |
The Service does not actively monitor the content posted, communication, transmitted or sent by you on or through this Website and makes no representations, warranties, or assurances as to the accuracy, currency or completeness of such content or information provided. However, the Service will consider complaints concerning inappropriate content, information or materials provided and reserves the right to remove, without notifying you, any content, information and/or materials from this Website or any link to any site as the Service may, at its sole discretion, think appropriate. The Service shall not be liable for any damages or injury resulting from your access to, or inability to access, this Website, or from your reliance on any content, materials and/or information provided at this Website. The sender of any communications, information, contents and/or materials to this Website or to the Service or otherwise to any advertisers shall be responsible for all communications, information, contents and materials contained therein, including its truthfulness and accuracy and that such communications, information, content and materials will not infringe any third party's rights. |
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(b) |
You are solely responsible and liable for any loss, damage or injury resulting from you dealings with other users of this Website including advertisers. Your communication or business dealings with other users and/or advertisers found on or through this Website, including terms, conditions, warranties or representations associated with such dealings, are solely between you and the other users and/or advertisers. The Service is not responsible for the availability, content or services of other third-party providers, online merchants or advertisers that may be linked to or posted on this Website. All personal information you submitted through this Website is governed by this Website's Privacy Policy Statement. |
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(c) |
The Service does not guarantee or warrant that the services or materials that may be downloaded from this Website do not contain destructive features such as viruses, worms, or other destructive materials. The Service is not liable for any damages or harm caused by such features. |
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(d) |
The Service is not responsible for the content of materials posted on this Website by users and shall not be liable for any infringement of intellectual property rights or any other claims arising out of materials posted by others on this Website. |
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4. |
Information available through this Website and user submissions |
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(a) |
The information available through this Website, including but not limited to text, photographs, graphics, video and audio content (hereafter referred to as the “Information”) is protected by copyright either on its own, as a collective work or compilation under the copyright laws of the Hong Kong Special Administrative Region and other countries, and is owned or controlled by the Company or the party credited as the provider of the Information. |
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(b) |
Except for the Information you have posted on this Website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, transmit, or in any way exploit any part of this Website, unless you are downloading the Information for your own personal and non-commercial use. |
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5. |
Hyperlinks |
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This Website provides hyperlinks to other sites but the Service and/or the Company shall not be responsible for the contents of these other sites and shall not be liable for any damages or injury arising from those contents. The links are provided to you for convenience only. The Service and/or the Company shall not be liable for any damages or injury resulting from your access to, or inability to access, any of the said other sites, or from your reliance on any information provided in the content of such other sites. |
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6. |
Limitations of liability |
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(a) |
The Company and their respective officers, directors, shareholders, employees or representatives are not liable for any damages, losses, harm or claims in any way related to the errors, omissions, interruptions or other inaccuracies at this Website. |
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(b) |
Although the Service uses its best endeavors
to provide impartial job seeking and recruitment service,
it/they represent(s) only media supporting information exchanged
between the advertisers and the job seekers. Hence, the Service
will not involve in the dealings between them and will not
be responsible for the quality, security and legitimacy of
the recruitment service. |
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(c) |
Should any dispute arise between advertisers
and job seekers, they should resolve on their own and the
Company and/or the Service will not be responsible for any
dispute. |
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7. |
Indemnity |
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You are solely responsible for all claims or demands by any third party for loss or damage of any kind arising in connection with any use of or reliance on any information provided by you at this Website (including without limitation data, statements) or in connection with any dealings with you through this Website or any breach of these Terms and Conditions. |
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8. |
Intellectual Properties |
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The trademarks, service marks, trade names, trade dress and products in this Website are protected by copyright, trademarks, service marks, patents and other intellectual property rights law. You shall not make any use of any of these whether in part or in whole without the prior, written authorization of the Company, except to identify the products or services of the Company. |
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9. |
Rights of Third Parties |
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Any person or entity who is not a party to these Terms and Conditions 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 these Terms and Conditions. |