TERMS AND CONDITIONS OF JOBINESS
  • 1. Acceptance of Terms of Use

  • 1.1 The Jobiness Site is provided and operated by Strategia Ventures (“SV”).
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  • 1.2 These terms and condition (collectively referred to as “Terms”) constitute a legal agreement between yourself and SV governing your registration as a User and your access to and use of the Site.
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  • 1.3 You acknowledge and agree that by accessing or using the Site, you are indicating that you have read, understand and agree to be bound by these Terms.
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  • 1.4 SV may modify these Terms at any time at its sole discretion, and such modifications takes immediate effect upon its posting on the Site. In addition, on an on-going basis, SV will make changes and additions to the Site, including but not limited to new products, features and functionality. If SV modifies these Terms, we will provide notice of the modifications to existing Users via the Site. Your continued access to or use of the Site is deemed as your acceptance of such modified terms.
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  • 1.5 SV may impose additional terms to specific portions or features of the Site, and unless expressly provided otherwise, such terms shall be incorporated into these Terms by reference. If SV modifies these Terms, we will provide notice of the modifications to existing Users via the Site. Where any conflict or inconsistency occurs between such additional terms and these Terms, the additional Terms prevail. In addition, certain content or software provided to or accessed by you through the Site may be accompanied by its own licensing terms or terms of service which requires your acceptance before access.
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  • 1.6 Your access to or use of the Site is subject to any other guidelines, procedures, policies and regulations which are imposed by SV. The Site and all Content are provided on an "as is, as available" basis.
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  • 2. Eligibility, Registration for the Site and Security

  • 2.1 In order to use the Site, you must satisfy all criteria set forth below in Clause 2.2 below, including any amendments that SV may make at its sole discretion:
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  • 2.2 You agree that throughout your use of the Site, you will comply with the following:-
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  • 2.2.1 you are 18 years of age and above or if you are less than 18 years of age, you have obtained the necessary consent from your legal guardian(s);
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  • 2.2.2 you will use your own email address and password in registering for the Site; or
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  • 2.2.3 you are legally capable and permitted to accede to these Terms and to perform your obligations under these Terms.
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  • 2.3 To access or use the Site, you are required to create an account.
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  • 2.4 In creating an account to facilitate your use within the Site, you are required to provide your up to date Personal Information allowing SV to identify you. To secure your Personal Information, access to your data on the Site is password protected. Keep confidential your login credentials or any personal account information relating to the Site. Your access to certain features of the Site may be activated and authenticated by your login credentials. Emails and instant messaging, use of message board and forums and similar means of communication with other Users of the Site are not encrypted. Therefore, refrain from communicating any confidential information (e.g. personal credit card information, or passwords) through these means. You are authorised to access and use the Site only for your personal and non-commercial use. You are advised to access the Site using your own device only.
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  • 3. User rights and obligations

  • 3.1 User will be granted various rights and benefits in relation to the Site. You acknowledge and agree that different rights and benefits may be granted to different Users, as SV may determine, at its sole discretion.
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  • 3.2 You represent and warrant that your access to and use of the Site will not compromise the security or integrity of SV’s systems, networks, or servers.
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  • 3.3 When using the Site, you agree not to:-
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  • 3.3.1 post, transmit, distribute, link to or solicit content or services that:-
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  • (i) violate any applicable laws or regulatory requirements;
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  • (ii) infringes any intellectual property right, proprietary, privacy or publicity rights of any person, or violates any obligation of confidence or any other proprietary right;
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  • (iii) contains any obscene, offensive, defamatory or otherwise actionable material;
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  • (iv) undermines the security or integrity of the Site;
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  • (v) contains any errors, whether technical or otherwise; or
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  • (vi) contains any material in any form that would render SV or the SV Affiliates liable to proceedings whatsoever.
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  • 3.3.2 cause any nuisance, annoyance or inconvenience to any person, including SV, SV Affiliates and other Users;
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  • 3.3.3 monitor or copy SV’s web pages or any portion of the content contained herein without SV’s express written permission;
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  • 3.3.4 interfere with the proper working of the Site, exploit the Site, attempt to violate, tamper with or circumvent any security measures, encryption codes or technological protection measures in or used in connection with the Site or impose an unreasonably large load on the servers serving the Site;
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  • 3.3.5 access the Site via any means or interface without obtaining express authorised permission from the relevant parties.
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  • 3.4 SV hereby grants you a limited, non exclusive, non transferable licence to use the Site solely for the purposes set out in this Agreement and in accordance with SV’s instructions. The licence does not include any right to copy, reverse-engineer, decompile, modify, tamper, disassemble, decompile, distribute, sell or lease any part of the Site or the Content. “Reverse engineering" shall include the examination or analysis of the Site or Content to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the underlying technology of the Site.
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  • 3.5 The listing of any prohibited activities above is not exhaustive. SV reserves the right to determine that any conduct that is or could be harmful to the Site, our servers, or use of the Site by Users, is in violation of these Terms and to exercise any or all of the remedies contained in these Terms.
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  • 4. Intellectual Property Rights

  • 4.1 All trademarks, trade names, logos and service marks appearing on the Site or the Content belong to SV, SV Affiliates and/or its content providers, including the Third Party Providers. In particular, the grant to you of a right to access and use the Site and/or the Content shall not be construed as granting, by implication, estoppel or otherwise, any licence or right to use the trademarks, trade names, logos or service marks appearing on the Site or the Content without the prior written consent of SV and/or its content providers including Third Party Providers.
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  • 4.2 You shall not reproduce, modify, transfer, distribute, republish, download, post, transmit, sell, rent, lease, display, perform, broadcast, sub-licence, assign or otherwise make available any rights in or to any content contained in or made available via the Site or the Content in any form or by any means without the prior written permission of SV or the relevant copyright owner. You are permitted to share certain Content using a specific tool available within the Site.
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  • 5. Content Posted or Submitted To SV

  • 5.1 You represent and warrant that: (a) you own the Content posted by you or otherwise have the right to grant the license set forth in this Agreement, (b) your Content does not violate the privacy rights, publicity rights, copyright, trade marks, or any other rights of any third party, (c) by providing or posting your Content, you do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party, (d) information you provide about your current, past or potential status as an employee of a certain employer is correct and complete. Please make sure that you only provide information that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality, non-disclosure or contractual obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law.
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  • 5.2 You agree to grant to SV a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit within the Site (such as message boards, forums, member profiles, yellow pages, job folders or other features that allow Users to post information that will be accessible by the public or the User population generally) by all means and in any media while maintaining anonymity of your identity. We have the right (but not the obligation) to review/modify any of your postings that in our sole discretion violate this Agreement.
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  • 5.3 Except for any information which SV has expressly agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the Site, via email or howsoever otherwise whether in human or machine readable form, will be treated as being non-confidential and non-proprietary. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you submit on the Site for any purpose whatsoever.
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  • 6. Disclaimer of Warranties

  • 6.1 SV does not warrant and hereby disclaims all warranty:-
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  • 6.1.1 as to the accuracy, reliability, timeliness, non-infringement, title, merchantability, or fitness for purpose, availability or ability of the Site or any Content nor that it meets your needs.
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  • 6.1.2 that the Site or Content will not breach applicable laws, contain any obscene, offensive, defamatory material, violate or infringe any copyright, trademark or any other intellectual property, proprietary, privacy or publicity rights of any person, or violate any obligation of confidence or any other proprietary right, free from all viruses, destructive and corrupting code, programme or macro, malicious activities of third parties or phishing of user ID & P/W third party malicious activity.
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  • 6.2 The Site and/or the Content may include links to sites on the internet that are owned or operated by third parties. You access such third party sites at your own risk. By providing the links, SV does not endorse the sites or assume any responsibility for material created or published.
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  • 6.3 Content from other Users is made available to on the Site. Because we do not control such Content, (a) you agree that we are not responsible for any such Content, including but not limited to the employer, interview reviews, salary-related information and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
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  • 6.4 SV is not liable for any loss or damage arising from unauthorised use of your account or password.
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  • 7. Exclusion of Liability

  • 7.1 To the extent permitted by applicable law, in no event shall SV, or any of its Affiliates, be liable to you in any way whatsoever for any loss, damages or costs, whether in contract or tort (including negligence or breach of statutory duty) or otherwise arising out of or in connection with these Terms or your access to or use of the Site or any Content. If, notwithstanding the provisions of this Agreement, SV is held to be liable to you for any loss, damages or costs that arises out of or is connected in any way with your use of the Site or any Content under these Terms, SV’s aggregate liability to you shall in no event exceed SGD 50.
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  • 8. Indemnity

  • 8.1 To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless SV, the SV Affiliates, their respective officers, directors, employees and agents and the Third Party Providers from and against any and all actions, claims, proceedings, costs (including legal costs incurred by SV or any of the SV Affiliates in defending any such actions, claims or proceedings), liability, losses and damages whatsoever which may be brought or commenced against SV or any of the SV Affiliates by any person and/or which SV or any of the SV Affiliates may sustain, incur or suffer, as the case may be, arising out of or in connection with or by reason of your use of the Site, violation of these Terms or rights of any third party. In addition, SV may, at its option, assume control over the defence against such actions, claims, proceedings at your cost.
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  • 8.2 Your obligations under this Clause 8 shall survive 7 years from the termination of your account, your use of the Site, or your relationship with SV.
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  • 9. Termination of your account

  • 9.1 SV may suspend (temporarily or permanently) or terminate your account and your use of and access to the Site at any time (i) in its absolute discretion, (ii) if SV believes you have breached the provision of these Terms, (iii) if SV is required to do so by law or (iv) if SV decides to discontinue the provision of the Site.
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  • 9.2 If you are dissatisfied with any portion of the Site or with any of these Terms, your sole and exclusive remedy is to terminate these Terms and discontinue your access to or use of the Site
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  • 9.3 Upon the termination of your account for any reason, your licence to use the Site cease and you shall immediately cease use of the Site
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  • 9.4 Save for the provisions of 7, 8, 12 no party shall have any further obligations to the other party under these Terms.
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  • 9.5 You shall not be entitled to any payment, compensation or damages of any sort from SV in relation to the termination of your account.
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  • 10. Assignment

  • 10.1 You shall not assign, transfer or encumber any or all of your rights, interests and obligations under these Terms without the prior written consent of SV.
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  • 10.2 SV may transfer any or all of its rights, interests and obligations under these Terms to a SV Affiliate or third party without your prior written consent.
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  • 11. Miscellaneous

  • 11.1 No failure to exercise or enforce, and no delay on the part of SV in exercising or enforcing its rights under these Terms shall operate as a waiver thereof Any provision of these Terms which is held invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.
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  • 12. Governing Law

  • 12.1 These Terms shall be subject to and governed by the laws of the Republic of Singapore without regard to its conflict of law provisions. You and SV agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore.
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  • 13. Definitions

  • 13.1 In these Terms, the following words and expressions shall have the following meanings:
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  • 13.1.1 “Site” means a social jobs and careers community.
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  • 13.1.2 “Content” means any and all visual, audio or video content made available on or through the Site, including artwork, songs, ringtones and music videos, regardless of duration or format.
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  • 13.1.3 “SV Affiliates” means SV’s related corporations (as such term is defined in section 6 of the Companies Act (Cap. 50)).
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  • 13.1.4 “Third Party Provider” means the third party provider, licensor and/or owner of Content on the Site or any intellectual property rights therein.
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  • 13.1.5 “Users” means the members of the public, including you, who access and use the Site and/or purchase, download and/or use the Content and “User” means any one of them.
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  • 13.2 The headings or titles to the Clauses in these Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Terms.
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  • 13.3 Where the context so admits, the singular shall include the plural and words in the masculine gender shall include the feminine and neutral genders and vice-versa.
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  • 13.4 The word “including” shall not be construed as being by way of limitation and “otherwise” shall not be construed as limited by words with which it is associated.
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  • 13.5 References to any “person” include any natural person, corporation, judicial entity, association, statutory body, partnership, limited liability company, joint venture, trust, estate, unincorporated organisation or government, state or any political subdivision, instrumentality, agency or authority.