Last Update : 2020 March 9
These are the Terms and Conditions of use and service for JobRewards.my.
Your use of the JobRewards.my Platform, which includes the website and mobile applications will be subject to these Terms and Conditions by using the Platform you agree to be bound by them.
We reserve the right to change these Terms and Conditions from time to time by changing them on the Platform. If you continue to use the Platform after any such revisions take effect then you will be taken to have agreed to the revised Terms and Conditions.
Please note the domain JobRewards.my is a brand used on the Platform, which the owners of the domain, reserve the right to use for other purposes at their sole discretion.
REGISTERING AN ACCOUNT
To use the Platform you will need to register an account.
In order to register you must:
- be an individual aged 16 years old or older.
Candidates / Jobseekers
When registering, you will be asked to provide your information, resume and any other information reasonably requested by us as part of the registration process.
We may use automatic parsers to identify some registration details but it is your responsibility to check and approve the registration details produced by the parsers. We do not accept any responsibility or liability for any errors or Inaccuracies In the registration details.
All information that you provide to us when registering an account must be true and accurate to the best of your knowledge and belief. It is your responsibility to ensure that information in your account and Resume is updated regularly with any relevant changes.
When registering, you will be asked to provide your information and any other information reasonably requested by us as part of the registration process.
If you come to JobRewards.my via one of our affiliates some or all of the above information may be provided by forms you have completed on the affiliate website. It is however your responsibility to check that the information provided is accurate on the JobRewards.my Platform and edit / amend accordingly if required.
We reserve the right in our absolute discretion to refuse to register any given prospective user and to withhold the reasons for doing so. We reserve the right to disable any account at any time if in our opinion you have failed to comply with any of the provisions in these Terms and Conditions or if any details you provide for the purposes of registering as a user prove to be false.
LOGIN DETAILS AND PASSWORD
You will be asked to choose a password for your account upon registration. You must keep your password confidential at all times. You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.
We may suspend your account or require you to change your password if we have reason to believe that there is likely to be a breach of security or misuse of your account.
You are responsible for all activities that occur in relation to your login details and must contact us immediately if you suspect any unauthorized use or other security breach.
JOB OPPORTUNITIES, EMPLOYMENT OFFERS AND OUR ROLE
We operate the JobRewards.my Platform for candidates (Jobseekers) to be matched with jobs and to apply and make contact with organizations offering those jobs (Clients) and for Clients to market vacancies to potential employees.
JobRewards.my will utilize best practices to ensure that jobs presented on the Platform are genuine opportunities, which are available and as described, however we are not responsible for the jobs Clients make available on the Platform. The JobRewards.my Platform operates as an introduction and matching service only and cannot guarantee the jobs viewed or applied to by Jobseekers will be available, as described or suitable or that Jobseekers introduced to Clients will be available, as described or suitable for the advertised roles, It is up to both parties – Jobseekers and Clients – to establish suitability of employment between the organization and the Jobseeker and take any references and conduct any background checks before entering into any contract or other agreement of employment. In particular we accept no responsibility for the selection or non-selection of any Jobseekers.
You acknowledge that you are solely responsible for all use you make of the Platform.
As a Jobseeker
It is important that you establish that any jobs you wish to apply for are suitable, you can do this by communicating with the Client after they respond to your application.
We may match you with a particular job posted on the Platform based on details provided by you in any or all of; your Resume, account information and location. You acknowledge and agree that such suggestions do not amount to an endorsement of that Client’s job offering.
We make no guarantee that we will be able to match you to a job or that any jobs posted on our Platform will meet your particular needs.
JobRewards.my shall not be a party to any contract or other employment agreement between you and an Employer or Client and shall not be responsible in any way for the performance of any contract or employment offer made by an Employer or Client for the quality, safety, timeliness or any other aspect of any such jobs offered by an Employer or Client and accepted by you.
We do not control the job listings submitted to the Platform by Clients and we give no warranty as to the suitability of a job or job advertisements or as to their accuracy, completeness or reliability.
You acknowledge and agree that JobRewards.my shall not be liable for the content of any job advertisements, Client or Employer information or any other advice / information that the Platform may display from time to time.
Sign Up Reward
At its discretion, JobRewards.my will reward Jobseekers who are Successfully Employed via the Platform in the form of a Sign Up Reward, which unless otherwise specified in the Job Advertisement will be equivalent to 5% of the first year salary agreed with the Client or Employer, as notified to JobRewards.my by the Client or Employer and as recorded on the Platform.
To be Successfully Employed by via the JobRewards.my Platform you will have applied for a vacancy advertised on the Platform, been interviewed, offered and accepted employment with an Employer or Client you applied to via the Platform and given and Appointed a role with an Employer’s organization, with the dates and times of interviews and details of the Job Offer and Start Date all recorded on the Platform and will have remained employed with the Employer for a period of not less than 90 days.
If you do not remain employed by the Employer beyond 90 days, your entitlement to the any Sign Up Reward associated with the Appointment will lapse and you will not be entitled to any payment.
By signing up and accepting the offer, each eligible person agrees to be bound by these terms and conditions.
- JobRewards.my reserves the right to cancel, terminate or suspend the offer without notice. Any cancellation, termination or suspension of the offer by JobRewards.my shall not entitle the applicant to any claim or compensation against JobRewards.my for any loss or damage incurred by the applicant as a direct and indirect result of such cancellation, termination or suspension.
- The decisions of the JobRewards.my in relation to every aspect of the offer, including but not limited to the type of Campaign Gift, shall be deemed final and conclusive under any circumstance and no complaint from any applicant will be entertained. The decisions of JobRewards.my are final, conclusive and binding and no further appeal, enquiry and/or correspondence will be entertained.
As an Client
When you post a job vacancy on JobRewards.my we will use our technology to match your vacancy to Jobseekers registered on the Platform. Unless otherwise agreed, we may also market your vacancy to Jobseekers using various online and offline media operated by third-parties at the sole discretion of JobRewards.my. Unless you have specifically told us otherwise, by providing us with your or an Employer’s logo, trade mark or other identifying symbol or description, you allow us to replicate and distribute it along with the job description in any media sued to market your vacancy.
Jobseekers will be able to apply to roles that they are matched to. Whilst the technology is designed to identify suitable Jobsekeers that match the role, JobRewards.my gives no warranty as to the suitability of a Jobseeker or as to the accuracy of the candidate information provided – the candidate information is provided by the Jobseeker, not by JobRewards.my.
If a Jobseeker introduced to you by the Platform, is Appointed to a role you will enter into a Recruitment Contract with JobRewards.my. The Recruitment Contract will relate only to any fees payable to JobRewards.my by the Client for the services provided. The Recruitment Contract is not a contract of employment and JobRewards.my is not responsible or liable for any contract or other employment agreement that that an Employer may enter into with a Jobseeker.
JobRewards.my shall not be a party to any contract or other employment agreement between an Employer and a Jobseeker and shall not be responsible in any way for the performance of any Jobseeker, other than as the Employer Guarantee’ described below.
JobRewards.my Fee and the Employer Guarantee
JobRewards.my makes no guarantee that we will be able to match your vacancies or that any jobs posted on our Platform will be filled using our services. However, there are no upfront charges and no fees are charged for using the JobRewards.my Platform unless we introduce a Jobseeker that is Appointed to a role. At which point you will be charged agreed rate (typically 15%) of the new employee’s agreed First Year Salary as a Recruitment Fee for successfully using the Platform to fill your vacancy. The Appointment First Year Salary and Start Date of the new employee will be recorded in the Platform. The Start Date will be the first day that an employee works in their new role or starts to earn an income from the Employer, whichever comes first.
We provide an Employer Guarantee which will refund all of the Recruitment Fee other than a Service Charge equivalent to 5% of the employee’s First Year Salary, if the new employee leaves the Employer’s organization during their first 90 days of employment. To obtain the refund you will need to record the Termination of Employment on the Platform within three months of the Start Date.
All Fees exclude sales tax or withholding tax of any kind. Relevant sales tax may additionally be charged depending on the legislation prevailing at the time of raising the invoice and may change subject to changes in legislation. Recruitment Fees are payable on the Start Date of each employee hired using the Platform. An invoice will be generated on the Start Date and payment is due within 30 days of the Start Date. Interest will be payable on late payments at the rate of 3% or the maximum permitted by law from the due date until settlement or discharge of the debt. Please note that a Recruitment Fee will also be charged if a Jobseeker who applies for a role via the Platform is employed in your organization or with an organization you are recruiting on behalf of, in a role other than the role originally applied for via the Platform within six months of the initial application being submitted via the Platform.
We reserve the right to charge reasonable administration costs in dealing with any failed payments and/or any costs incurred by us in relation to pursuing debt collection (including but not limited to debt collection agency fees and other legal expenses).
ACCESS TO THE PLATFORM
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet, cell phone or other mobile device) meets all the necessary technical specifications to enable you to access and use the JobRewards.my Platform and is compatible with the Platform.
We cannot guarantee the continuous, uninterrupted or error-free operability of the Platform or any of its features or access to any of the data associated with your account, job applications, job vacancies or stored job descriptions.
There may be times when certain features, parts or content of the Platform, or the entire Platform, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you, any Client or Employer or to any other third party for any unavailability, modification, suspension or withdrawal of the Platform, or any features, parts or content of the Platform.
WHAT YOU ARE ALLOWED TO DO
You may only use the Platform in accordance with these Terms and Conditions. You may retrieve and display content from the Platform on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Platform and, where they apply, will be displayed on-screen or accessible via a link.
WHAT YOU ARE NOT ALLOWED TO DO
Except to the extent expressly set out in these Terms and Conditions, you are not allowed to:
store pages of the Platform on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Platform; use the Platform in any way that is illegal or fraudulent, or has any illegal or fraudulent purpose or effect;
remove or change any content of the Platform or attempt to circumvent security or interfere with the proper working of the Platform or the servers on which it is hosted; use the Platform to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (SPAM); use the Platform to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; attempt to gain unauthorized access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform; or reproduce, duplicate, copy or re-sell any part of the Platform in contravention of these Terms and Conditions.
You must only use the Platform and anything available from the Platform for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our customers, clients or affiliates. All rights granted to you under these Terms and Conditions will terminate immediately in the event that you are in breach of any of them.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in any content of the Platform (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or legally licensed to us, the Clients using our service or our licensors. Except as expressly set out here, nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Platform. In the event you print, copy or store pages from the Platform (only as permitted by these Terms and Conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
We may change the format and content of the Platform at any time. You agree that your use of the Platform is on an ‘as is’ and ‘as available’ basis and at your sole risk.
Whilst we try to make sure that all information contained on the Platform (other than any third-party generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed.
Unless expressly stated, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Platform and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Platform or relying on any of its content.
We cannot and do not guarantee that any content of the Platform will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
YOUR PERSONAL INFORMATION
The Platform includes a system for Clients to market job vacancies and Jobseekers to communicate and we may, from time to time, make comments pages, message boards, news groups and/or other public areas for other user-generated content and communications (collectively User Content Pages) available to users. We do not control the material submitted to User Content Pages (collectively Postings), nor can we guarantee that User Content Pages will be actively moderated. You are solely responsible for the content of your Postings as submitted by you and acknowledge that all Postings express the views of their respective authors, and not our views.
If you participate in any User Content Pages including posting job vacancies or applying for vacancies, you must: keep all Postings relevant to the purpose of the User Content Page and the nature of any topic;
not submit any Posting that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party; not submit any Posting that contains any viruses and/or other code that has contaminating or destructive elements; not submit any Posting containing any form of advertising other than Clients posting job vacancies; and not impersonate, or misrepresent an affiliation with, any person or entity.
With regard to any publicly accessible Postings, specifically excluding any private communications between JobRewards.my, Clients and Jobseekers, you agree that, by submitting any Posting, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Posting (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Posting.
We reserve the right, in our sole discretion, to delete, edit or modify any Posting submitted by you and/or to close any topic or conversation, at any time without notice to you.
Complaints about the content of any Posting must be sent to [email protected] and must contain details of the specific Posting giving rise to the complaint.
The Platform will include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites, the privacy policies of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
SERVICE SUSPENSION AND TERMINATION
We may, from time to time, with or without prior notice, temporarily suspend the operation of the Platform or any service we offer on the Platform (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
We may suspend or terminate any service if we need to do so in order to comply with legal or regulatory requirements, provided that we will give you as much notice as we reasonably can.
We may, with or without prior notice, suspend or terminate your account, the Platform and any services we offer through the website if you have breached any of these Terms and Conditions.
You may close your account at any time by selecting ‘Account Settings’ and clicking ‘Close account’. We will retain information you have submitted to us as required for our records in accordance with applicable law. We will remove information you have submitted to us if specifically requested by you in writing.
Nothing in these Terms and Conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, be limited or excluded. Subject to this, in no event shall we be liable to you for any business losses and any liability.
LICENSE TO USE CLIENT’S AND EMPLOYERS NAME, TRADEMARKS AND LOGOS
The Client agrees that we may use the Client or Employer’s organization name, trademarks and logos (“IP-Rights”) for the purposes of providing the recruitment service and promotion of vacancies. Additionally any Client using the Platform agrees that we may mention the Client or Employer’s organization as a reference customer in our marketing materials (such as e.g. but not limited to websites and brochures), that we may use the Client’s IP Rights in this context and may present examples of the services provided to and the materials published on behalf of Client, unless specified otherwise in writing.
LIMITATION OF LIABILITY
Our total liability to the Client or any other organization in respect of any loss or damage under or in connection with the services provided by the Platform and JobRewards.my, except for death or personal injury caused by our negligence, is limited and shall not exceed to the total amount paid to us as for such Services or the aggregate amount of Fees paid by the Client in the twelve months immediately preceding the incurring of such loss or damage.
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EMPLOYER USE OF CANDIDATE DATABASE
Rights in the database
Database rights and all other applicable copyright and intellectual property rights in the candidate database belong to JobRewards.my. You acknowledge that you do not acquire any rights in the database or its content and that your viewing and use of the database and its content is governed by these terms and conditions.
Use of the database
We will take reasonable steps to provide a reliable service to you. However, we cannot guarantee the accuracy or authenticity of any of the Resumes or other data stored in our candidate database. You acknowledge and accept that this is beyond our control, and refunds for Fees or any other charges cannot be given in the event of untruthful information being submitted by Jobseekers. It is the responsibility of the Client or Employer to interview Jobseekers and confirm any information they provided by the Jobseeker or published on the Platform, including but not exclusive to any qualifications, certifications or other employment criteria.
Please note that the candidate database is private and you can only view the data of Jobseekers who specifically apply for a vacancy you advertise on the Platform.
Use the information about the individuals contained in the database for the purpose of contacting them in relation to a specific job vacancy.
Use the information only in connection with your own recruitment-related activities.
You may not:
Supply, sell or license material from the candidate database, or a copy of it, to any other person, including another member of your group of companies.
Download or capture volume quantities of information from our database through any automated process (e.g. using automatic extraction software tools commonly known as robots and spiders) or any other process.
Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable Jobseekers for specific job vacancies. You must comply with all legislation and regulations in local jurisdictions relating to hiring employees and accessing data.
Access our candidate database from a system that is not fully patched or does not have industry standard Antivirus software installed that is regularly updated.
DEALING WITH JOBSEEKERS
You agree to deal fairly, professionally and without discrimination with individuals you may contact using information from or via the Platform and not do anything which may bring JobRewards.my into disrepute. You will indemnify JobRewards.my from and against any claim brought by an individual against JobRewards.my arising from your breach of this obligation or any other of these Terms and Conditions.
The following terms are used in the Terms and Conditions of JobRewards.my, each is defined as below: