TERMS OF USE
The services available on the Site are provided by Huneety for the benefit of Job Seekers and Employers. Your use of the contents and services provided on the Site is subject to the Terms and Conditions and Privacy Statement set out below. If you do not agree to these terms, please do not access or use any services offered by Huneety. By using the Site, you acknowledge that you have read and understood the Terms and Conditions and Privacy Statement, and you agree to be bound by them.
Huneety reserves the right to modify, add, delete, or revise the Privacy Statement and Terms and Conditions at any time without prior notice. You are advised to review these terms periodically. If any change is unacceptable to you, please notify Huneety to terminate your access to the Site and services. Otherwise, your continued use of the Site will constitute your acceptance of all changes.
Definitions
In these Terms and Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
- Huneety means the entity Huneety Co., Ltd.
- “Job Seeker(s)” means users seeking employment.
- “Site” means any website, job portal or mobile application owned and operated by Huneety and its affiliates/subsidiaries or its service providers.
- The terms “you”, “user” and “users” herein refer to all individuals and/or entities accessing and/or using the Site at any time for any reason or purpose.
- Employer means a user who places a job advertisement or promotes any job related activities via the site, or who is using the platform to send and receive assessments.
- "Employer Logo" means the logos, trademarks, service marks and other brand features of the Advertiser as well as intellectual property rights therein and thereto.
- "Agreement" means these Terms and Conditions apply to the employer’s access to and use of the Services and Site, and incorporate by reference other provisions applicable to the access to and use of the Services and Site, including but not limited to Huneety’s privacy policy found at (Privacy Policy) , which sets out the terms on which Huneety handles any personal data collected from, use and/or disclose to the Employer or that the Employer provides to Huneety.
- "Profile" means CVs, employment information and such other material, information and data provided by Job Seekers and posted/available on the Site, which shall be Huneety’s property, once it has been uploaded and/or provided on the Site through Huneety site.
- "Services" means the products and services available on the Site and such other products and services to be made available by Huneety from time to time.
Users who violate these Terms may have their access and use of the Huneety Sites suspended or terminated, at Huneety’s discretion.
Eligibility
If you visit the website or agree to the terms of use, you declare and assure the Company that you possess the appropriate right, authority, and ability to use the website, and that you have reached the age of majority as defined in your jurisdiction. Additionally, you agree to abide by these Terms of Use. Moreover, you confirm and assure the Company that you will use the website in compliance with all relevant laws and regulations.
2. Acceptable Site Uses 2.1.
Specific Uses – Job Seeker:
Job Seeker: 2.1.1. Job Seeker agrees that he/she shall only use the Site for lawful purposes and seeking employment.
2.1.2. The Job Seeker commits to safeguarding their login credentials and not sharing them with any other person. They are solely accountable for maintaining the privacy, protection, and security of their login name and password. In the event of any unauthorized usage of their login credentials, they must inform Huneety immediately.
2.1.3. The Job Seeker affirms that they willingly provide their personal information and other details to the Employers and/or Huneety when applying for job openings listed on or through the Site, or when submitting, uploading, or posting their personal information and resume on the Site. By posting their resume and personal information, the Job Seeker grants Huneety permission to store it and its associated information or data in the Huneety database. The Job Seeker can also directly send their resume and information to any Employer advertising on the Site, or to Huneety in response to a job advertisement. However, the Job Seeker's resume and information will remain accessible and saved in the Site's database at their own risk unless they choose to remove them.
The Job Seeker agrees that subscribed Employers may access their resume and related information or data solely for the purpose of recruitment and suitability assessment. Huneety reserves the right to review, disapprove, or edit any part of the Job Seeker's resume or related data, as well as to delete any personal data that may be inaccurate, false, illegal, infringing of copyright or trademark, trade name or trade secret, or any other intellectual property rights, or that may invade someone's privacy, in accordance with the purpose for which the data will be used (including any directly related purpose).
2.1.4. The Job Seeker acknowledges and accepts Huneety's policy of requiring Employers to pay a fee for accessing the Site, the Database, and/or Job Seekers' resumes, information, or data related to recruitment and suitability assessment, subject to the terms set forth herein. Additionally, the Job Seeker understands that they have no right to claim any such fee received by Huneety.
Job Seeker acknowledges and agrees that Huneety will promote the job seeker’s profile to employers for the sole purpose of enabling employer to recruit and assess the suitability of the job seeker in relation to any job vacancy. Huneety discloses job seeker data to potential employers per default. The Job Seeker can at any time turn off his/her profile visibility directly in platform or by addressing a formal written request to Huneety support team at the following address : [email protected] .
Job Seeker agrees that Huneety and its associated companies may use his/her personal data (without his/her name, address and other personal identifiable information) for marketing purposes which may be directed to either potential employers, their respective agents or anyone under their employ.
2.1.6. Huneety will make reasonable efforts to limit access to the Database to Employers and Huneety personnel only. However, Huneety does not guarantee that unauthorized parties will not gain access to the Database without its consent. Job Seeker may disable the Employer's ability to view or search their profile at any time, but they acknowledge that the Employer and other parties who have accessed the Database may have retained a copy of their profile. Huneety assumes no responsibility for the retention, use, or privacy of profiles in these cases, nor for the use or privacy of profiles by any such parties while they are in the Database.
2.1.7. Huneety shall not be liable for any misuse of the Job Seeker’s personal data, information, or materials by any Employer or other user who breaches the Terms and Conditions, whether within or outside of Thailand. Job Seeker acknowledges that any personal data, information, or materials provided to or submitted on the Site to Employers or other users are done so entirely at his/her own risk.
2.2. Specific Uses – Employer:
(a) | Employers shall use the Services for its recruitment purpose only.
(e) | Employers are responsible for ensuring that only authorized personnel have access to and use the Services and related matters. Employers are solely responsible for any default, negligence, acts, and omissions of their personnel. The Employer is responsible for the use of their account to access the Services and Site, and for ensuring that all use of the account complies fully with the terms, conditions, and other provisions of the Agreement. The Employer must not disclose their login password to any third party and must be responsible for the use of the account and protecting the confidentiality and security of the password.The Employer cannot sell, resell, sub-license, pass on or distribute any of the Services to any third party (including any of its subsidiaries, holding companies, subsidiaries of such holding companies, and affiliated companies) without Huneety’s prior written consent.Any information obtained by the Employer through the use of the Services, including but not limited to any Profile or information downloaded from the Site, must only be used by the Employer in relation to genuine employment and/or recruitment activities, and not for any other purpose whatsoever.
Huneety reserves the right to refuse services to individuals, companies, and organizations that, in accordance with the law or at the company’s sole discretion, operate in the same industry as the company. This includes, but is not limited to, employment services, recruiting activities via e-commerce websites or applications, and any non registered application providing e-commerce services.
Job seeker’s profiles ownership
(f) | Employer acknowledges and agree that the Profiles obtained through Huneety site and any information of Job Seeker’s which the Employer has access through Huneety are the properties of Huneety.
(h) | Employer acknowledges and agrees that Huneety shall have the right to terminate any Services offered to any Employer and to remove any advertisement and/or web page posted on the Site at Huneety’s sole discretion, without any compensation or recourse to Employer in the event that the contents of the relevant advertisement and/or web page is or are in breach of any of the provisions herein.
(i) | The Employer acknowledges and agrees that Huneety shall have the right to inspect, manage, interrupt, transfer, disclose and request for authentication of the Employer’s account, for the security purpose as Huneety’s policies.
2.2.5. Occasionally, Huneety may engage in advertising initiatives to boost your employer branding efforts (such as Google, LinkedIn, Facebook, and Twitter ads, ad networks, Demand Side Platforms, Real Time Bidding, retargeting, and other programmatic buying approaches), and acknowledge that such promotion may take place outside of Huneety and its associated companies.
2.2.6. Huneety may, at its discretion, modify the service fee or establish new fees or charges periodically. If an Employer neglects to pay the service fee or any other outstanding fees or charges, Huneety has the right to suspend or terminate the Advertiser's advertisement or web page or restrict their access to the Database, without impacting Huneety's other legal rights and remedies.
Price & Payment
(e) | The payment of Services Charge owed to Huneety is detailed in the Sales Order and must be made by either bank transfer or credit card. The Employer is responsible for payment of all applicable taxes, duties, and tariffs at prevailing rates. If payment is not made by the due date, interest will be charged at a rate of 1.25% of the overdue amount per month until payment is made in full. Huneety reserves the right to suspend or terminate the provision of Services in the event of late payment or non-payment, without prejudice to all other rights and remedies available to Huneety. If a Third Party Payment Processor is used, the Employer acknowledges that the processor is solely responsible for processing purchases and may have additional terms of use and privacy policies. The Employer also acknowledges that Huneety may change the service fee, subscription fee,, or institute new charges or fees at its discretion.
Privacy Policy
By accessing to and using the Services and Site, Employer acknowledges that it has read and it agrees to Huneety’s Privacy Policy found at (Privacy Policy) , including terms under which personal data are collected and may be used and the Employer warrants that all data provided by it is accurate, complete and up to date.
Intellectual Property Rights
The Employer shall retain all copyrights, titles, and other intellectual property and proprietary rights in the Employer Contents displayed and published on the Site. Huneety is granted a non-exclusive, worldwide, fully-paid up, irrevocable, royalty-free right and license to use, copy, store, archive, distribute, transmit, publicly display, and publicly publish the Employer Contents, in whole or in part, on the Site and any social media or social networking sites held or operated by Huneety, for the purpose of providing the Services. All rights, titles, and interests in and to the Services, Site, contents, materials, Huneety logos, trademarks, service marks, brand features, and their intellectual property and proprietary rights (including but not limited to copyright, design rights, moral rights, trademarks, service marks, patent, know-how, confidential information, domain names, trade dress, trade secret) shall exclusively belong to Huneety.
Term & Termination
(a) | Huneety may terminate or suspend an Employer’s access to the Site and Services if the Employer breaches any terms of the Agreement, or if such Employer uses the Site in violation of any applicable government or regulatory body orders. Huneety reserves the right to change, modify or discontinue any aspect or feature of the Services and Site at any time, at Huneety’s sole discretion. Notification of such change, modification or discontinuation may be given through various means, including but not limited to posting on the Site or sending electronic or conventional mail.
Maintenance
Huneety will make reasonable efforts to ensure the Site is available for access at all times. However, Huneety and its third party service providers may need to perform maintenance and upkeep on the Site. Huneety does not provide any warranty to Employers regarding the error-free operation of the Services available through the Site, or that the Site and server are free of viruses or harmful mechanisms. Huneety does not guarantee that defects will be corrected, or that the Site will operate uninterrupted, timely, or securely.
If the use of the Site or its contents requires servicing or replacement of equipment or data by the Employer, Huneety will not be responsible for any resulting costs or loss or damage of any kind.
Employer acknowledges and agrees that Huneety may temporarily suspend Services on the Site and server from time to time for the purpose of repairing, maintaining, and developing its Site and servers to benefit the Employer.
Indemnity
The Employer shall hold harmless and and keep indemnified Huneety, its directors, officers, employees, agents and contractors (collectively the “Indemnified Parties” and each an “Indemnified Party”) against all losses, damages, costs, and expenses, including legal fees, directly or indirectly arising from: (i) publishing or displaying any of the Employer Contents; (ii) breaching any of the terms, conditions, or provisions of the Agreement; and (iii) third-party claims against any of the Indemnified Parties resulting from (i) or (ii) in this Section (Indemnity). Huneety shall provide written notice to the Employer in the event of a claim or potential claim against any of the Indemnified Parties, and Huneety will take reasonable steps to consult with the Employer before any claim is settled, defended, or resolved. The Employer's liability under the Agreement shall remain unchanged in the event of a failure to consult.
Disclaimer of Warranty; Limitation of Liability
(a) | The Employer acknowledges that the use of the Site is entirely at their own risk. The Huneety Parties, including Huneety, its employees, agents, third party content providers or licensors, do not guarantee uninterrupted, error-free or timely access to the Site and its servers, nor do they provide any warranty regarding the accuracy, completeness, authenticity, reliability, or timeliness of any information, merchandise, or service provided through the Site.
(b) | The Site is given in the condition that it is in, without any express or implied warranties, including but not limited to warranties of title or merchantability or fitness for a particular purpose, except for warranties that are implied by law and cannot be excluded, restricted, or modified under applicable laws.
(c) | This limitation of liability applies to any harm or injury resulting from 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 records, whether arising from breach of contract, tortious conduct, negligence, or any other cause of action. Employer acknowledges and agrees that Huneety Parties are not responsible for any defamatory, offensive or illegal conduct of other users or third parties, and that the risk of harm or injury from the foregoing rests entirely with the relevant user(s) or third party(ies) (as applicable).
(d) | Huneety and its affiliates will not be liable for any damages, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages, resulting from the use or inability to use the Site, regardless of the cause of action. The Employer acknowledges and agrees that the provisions of this section, pertaining to the disclaimer of warranty and limitation of liability, shall apply to all content on the Site.
Force Majeure
The Employer and Huneety shall not be held liable for any failure or delay in fulfilling their obligations under the Agreement (excluding any obligation to pay) due to events beyond their control, including but not limited to typhoons, rainstorms, virus epidemics, network failures, and telecommunication failures. This exemption under the section titled Force Majeure applies only during the period in which the impediment exists.
Confidentiality
Unless explicitly stated in the Agreement, required for performing obligations, or with prior written consent from the other party, neither party shall disclose or reveal any information related to the Agreement, business of the other party, or the Agreement to anyone other than their own staff, professional advisers, or contractors on a confidential basis. This confidentiality requirement applies to all such information and is binding for both parties. Disclosure may be made pursuant to a government order, law or regulatory bodies.
Miscellaneous
Each party's waiver of breach shall not be construed as a waiver of any past or future breach. The laws of Thailand govern this Agreement and the validity, enforceability, and legality of any provision under one jurisdiction's laws will not impact its status in any other jurisdiction. The Agreement does not establish any form of relationship, such as partnership, agency, or employment, and neither party can act on the other's behalf. Any transfer, sub-licensing, or assignment of rights or obligations requires the other party's written consent, which cannot be unreasonably withheld.
Only the parties to this Agreement can enforce its provisions, and no third party may do so. Huneety retains the discretion to modify the Agreement.
If you have any questions regarding the general terms of use, you can contact Huneety team by email at [email protected].