Terms and Conditions

Understanding your rights and responsibilities as a foundit.hk user

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This page states the "Terms of Use" under which you (“You”) may use www.foundit.hk ("Website" or “foundit website”) an on-line service to post and search employment opportunities and user resumes.

These Terms of Use include the foundit.hk Privacy Statement which is incorporated into these Terms of Use by reference. By using foundit.hk, You are indicating your acceptance to be bound by these Terms of Use, including Website Privacy Statement.

Please read this page carefully. If ‘You’ do not accept the Terms of Use stated herein, do not use the Website and its services. By using foundit.hk, You are indicating your acceptance to be bound by the provisions of these Terms of Use. Monster.com.HK Limited ("foundit" or “the Company") may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on’ You’. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Website for any reason.

The Company may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on ‘You’.

Users who violate these Terms may have their access and use of thefoundit.hk Website suspended or terminated, at Company’s discretion.

1. Eligibility

You must be 18 years of age or older to visit or use foundit.hk in any manner. By visiting foundit.hk or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use foundit.hk in a manner consistent with any and all the applicable laws and regulations.

2. Use of foundit.hk Content

The Company authorizes You, subject to these Terms, to view and a single copy of the content available on or from foundit.hk and to access and use the Website and its Content (as defined below) and to download and print a single copy of the content available on or from the Website solely for Your personal, non-commercial use. The contents of foundit.hk, and of all other foundit websites under the Company's control, whether partial or otherwise (foundit.hk and such other foundit websites are sometimes collectively referred to as the “foundit websites”), such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other content (collectively, "foundit Content"), are protected. under both Hong Kong and foreign copyright, trademark and other laws. All foundit Content is the property of the Company or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the foundit websites is the exclusive property of the Company and is protected by Hong Kongn and international copyright, trademark, and other laws. Unauthorized use of the foundit content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademarks, service mark and other proprietary notices contained in the original foundit content on any authorized copy You make of the foundit content. You may not sell or modify the foundit content or reproduce, display, publicly perform, distribute, or otherwise use the foundit content in any way for any public or commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers or that otherwise infringes Company's intellectual property rights.

Any code that foundit creates to generate or display any Foundit content or the pages making up any foundit website is also protected by Company's copyright and You may not copy or adapt such code.

You may not use any of the foundit content on any other website or in a networked computer environment (including, without limitation, by uploading or republishing foundit content on any Internet, Intranet or Extranet site or incorporating the foundit content in any other database or compilation for any purpose). You shall not copy or adapt the HTML code that the Company creates to generate any of the foundit content or the pages making up any of the foundit website which is also protected by the Company's copyright. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

3. foundit Website Restrictions

Users shall not use any foundit Site in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation foundit Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others, (c) that belongs to another person and to which the user does not have any right to, (d) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever, (e) harm minors in any way, (f) deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature, (g) impersonate another person or entity, (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Company’s computer systems or site or foundit’s users, customer’s computer systems or site, (i) Threatens the unity, integrity, defense, security or sovereignty of Hong Kong, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation

Web Site Security Rules : Users are also prohibited from violating or attempting to violate the security of any foundit website, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any foundit website, overloading, "flooding", "spamming", "mail bombing" or "crashing"; or (d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4. Registration Information

When You register with any foundit website, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the Terms of Use and any privacy policy applicable to any foundit website, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

The Company reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Statement for further details regarding your Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, Company does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the foundit.hk or any other foundit website, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.

5. Use of the foundit Services

The job posting, resume database (“foundit Resume Database”) and other features of the foundit websites may be used only by individuals seeking employment and/or career information and by employers seeking employees.. Your use of the Company Services is also subject to any other contracts You may have with the Company. In the case of any conflict between these Terms and any contract you have with the Company, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a foundit website.

6. Specific Prohibited uses

The job posting and resume database features of foundit.hk may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.

The Company specifically prohibits any other use of foundit.hk, and all Users agree not to do any of the following:

Transmit, post, distribute, store or destroy material, including without limitation foundit content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of foundit’s privacy policy;
Post any resume or apply for any job on behalf of another party;
Defer any contact from an employer to any agent, agency, or other third party;
Set more than one copy of the same resume to public at any one time;
Solicit passwords or personally identifiable information from other Users;
Post any jobs on any foundit website for any competitor of the Company or posting jobs or other content that contains links to any site competitive with foundit;
Post jobs or content on any foundit website that contain any hyperlinks, email addresses, HTML Tags, "hidden" keywords, repetitive keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited;
Post jobs for modeling or talent or talent scouting positions on any foundit website;
Post any jobs and/or advertisement and/or hiring methods on the website which are discriminatory in nature and / or devoid of fair employment practice as per the applicable laws, regulations of Hong Kong and /or any other applicable rules, regulations and policy framed in this connection by concerned ministry of the Government of Hong Kong.
Use any foundit website Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services;
Post or submit to any foundit website any incomplete, false or inaccurate biographical information or information which is not your own;
Post on any foundit website any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents;
Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any foundit website;
Post jobs or content on any foundit website that contain multiple job requirments in one description/posting or refreshing the same job multiple times;
Post jobs or content on any foundit website seeking money, periodic payment in any form.
Post jobs or content which are not exactly offering jobs but offer services such as immigration /visa processing etc
Delete or revise any material posted by any other person or entity;
Take any action that imposes an unreasonable or disproportionately large load on any foundit website's infrastructure;
Use any data mining, robots or similar data gathering or extraction methods. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any foundit website other than the search engine and search agents available from the Company on such foundit website.
Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any foundit website;
Aggregate, copy or duplicate in any manner any of the foundit content or information available from any foundit website including expired job postings, other than as permitted by these Terms; or
Frame or link to any of foundit content or information available from any foundit website.
Use the foundit Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Company’s discretion.
Employers, recruiters and others accessing sourced profiles on foundit website shall verify the DO NOT DISTURB (DND) status of the sourced profile candidates before contacting such sourced profile candidates through telephonic calls and /or through SMS/text messages and shall not make telephonic calls and /or through SMS/text messages to those candidates who have marked themselves as DND. Any non compliance thereof by the employers, recruiters and other of such statutory compliance requirement will held them liable under the applicable provisions of applicable local laws, regulatory guidelines and regulations.

The Company also specifically prohibits any use / insertion of any of the User’s URL, web link, e mail address and website while posting any job on foundit.hk and all Users agree not to use / insert any of the User’s URL, web link, e mail address and website while posting any job on foundit.hk.

On nonconformance by users of any of the aforesaid terms as envisaged in section 3 and 6 above, the Company may in its sole discretion, restrict or terminate the offending User's ability to access the foundit website(s) and determine whether to take any other actions or to remove or request the removal of the User Content. Company has no liability or responsibility to Users for performance or nonperformance of such activities. Additionally, the Company has the right to initiate appropriate proceedings against the offending user as per law.

Sharing of foundit.com account access with different entity/individuals/third parties not allowed

You are not authorized to share your password or other foundit.hk account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling your foundit account and foundit Services.
foundit.hk website’s Terms of Use prohibits sharing of login /passwords with different entity/individual. In the event of any breach of security or unauthorized use of your login ID / Account you must notify the Company immediately. The Company will not be liable for any loss caused by any unauthorized use of your login ID / Account. You may be liable for the losses to the Company if any due to such unauthorized use.

7. User Content and Submissions

You are solely responsible for your foundit.hk Account information, content, messages or other information ("User Content") that You submit, publish or display (hereinafter, "post") on any foundit website or transmit to other Users. By posting User Content to any foundit website, You automatically grant, and You represent and warrant that You have the right to grant, to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.

By posting User Content to any public or non-public area of any foundit website, including message boards, forums, contests and chat rooms, You grant the Company and its parent company and affiliates the loyalty-free, perpetual, irrevocable, sublicense able (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed any foundit website retains any and all rights that may exist in such User Content.

You agree that any email send by an employer to a jobseeker for any prospective job opportunity through foundit,in website may be stored at the foundit.hk account of the said jobseeker for at least a period of 7 days, to enable the said jobseeker to access the email, as send by the employer, to take a conscious decision about the job offer in the said email.

The Company acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, the Company may review and delete any User Content that, in the sole judgment of the Company, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of any foundit website. The Company reserves the right to expel Users and prevent their further access to the foundit website for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive. The Company reserves the right to archive the user content folders which were not being accessed for a period of 6 months or more by the relevant users after its last access. In such event users will be able to access the archive folders with minor limitations including but not limited to non-availability of the options of move to another folder, renew jobs associated with the said folders. The Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

The following is a partial list of User Content that is prohibited on the foundit website. The list below is for illustration only and is not a complete list of all prohibited User Content:

is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses, incites harassment or advocates harassment of another any group or individual;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
contains restricted or password only access pages, or hidden pages or images;
displays or links to pornographic, indecent or sexually explicit material of any kind;
provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users;

Company reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the foundit website and/or terminating the offending User's ability to access the foundit website and/or use foundit services. The Company may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, the Company may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or of such activities.

The users agree, acknowledge and consent that they shall not post, upload, submit, publish and advertise any jobs, the hiring methods on the website which are discriminatory in nature and / or devoid of fair employment practice as per applicable the laws, regulations of Hong Kong and/ or any other applicable rules, regulations and policy framed in this connection by the concerned Ministry of the Government of Hong Kong. Upon being notified to the Company by any third party or being suo-moto detected by the Company that any of the user is in breach of the above requirement, the Company shall immediately serve upon a notice to the concerned user to either delete or suitably amend such job posting, publication and advertisement to the satisfaction of the Company. If the concerned user upon the receipt of the above notice from the Company fails to either delete or amend such job posting, publication and advertisement with a period of 24 hours from such receipt, then the Company shall at its sole discretion without any other prior notice immediately delete such job posting and in doing so, the concerned user agrees and acknowledges to waive, and hereby does waive any legal or equitable rights or remedies that he has or may have against the Company with respect thereto, and also agrees to indemnify and hold Company, its affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to their aforesaid content submission in the Company Website.

We appreciate hearing from our Users and welcome your comments regarding our services and the foundit website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.

8. Registration and Password

You are responsible for maintaining the confidentiality of your account access information and passwords. You shall be responsible for all uses of your Website registrations and passwords, whether or not authorized by You. You are not authorized to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the foundit account and Services. You agree to immediately notify the Company of any unauthorized use of your Account, and passwords.

9. Additional terms applicable to Employers

You are responsible for maintaining the confidentiality of Your employer account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your foundit website registrations and passwords, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of Your employer account, Profile, or passwords.

Employers are solely responsible for their postings on foundit website. The Company is not to be considered to be an employer with respect to Your use of any foundit website and the Company shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any foundit website.

You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from foundit, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from foundit's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through foundit’s web servers.

In order to protect Users from commercial advertising or solicitation, the Company reserves the right to restrict the number of e-mails which an employer may send to Users to a number which the Company deems appropriate in its sole discretion.

Candidate profiles derived from User Content may also be made available through the Sites. Company does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.

Job postings

A Job posting may not contain:

post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
post jobs or other advertisements for competitors of the Company or post jobs or other content that contains links to any site competitive with the Company;
sell, promote or advertise products or services;
post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
advertise sexual services or seek employees for jobs of a sexual nature;
request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
endorse a particular political party, political agenda, political position or issue;
promote a particular religion;
post jobs located in countries subject to economic sanctions in compliance with the laws of respective State jurisdiction; and except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her

racial or ethnic origin
political beliefs
philosophical or religious beliefs
membership of a trade union
physical or mental health
sexual life
the commission of criminal offences or proceedings or
Age.

Additional Terms for Job postings

For better visibility and response from the candidates on the Job Postings on foundit website from its clients and also the job postings available publicly on various online sources / websites, which are selected by Company on its foundit websites at its sole discretion without violating any provisions of law, the Company aggregates these job postings on its foundit websites from time to time through various Applications also from various online sources as publicly available jobs openings information which is available online information for general public use. While doing so the Company gets the job seekers registered at its foundit websites at their sole discretion after getting their consent who opt to apply those jobs postings including the clients job postings obtained as per agreement / understanding with them. The Company never modifies or re-creates such job postings or information and any apply to the these jobs postings by the job seekers/candidates shall always be redirected to source website / owners of these job postings or to source website(s) of these job postings and shall use only for the purpose of the display of such information “as is where is basis” for the purpose of job seekers for fulfilling their jobs opportunity related requirements. Users while clicking the said jobs will be always redirected by foundit website to the original source of the jobs posting owner website(s). The Company does not verify or authenticate the credentials, truthfulness or authenticity, veracity of the said job postings information provided at its website(s). Job Seeker(s)/User(s) shall be solely responsible to use and rely on the said information at their sole volition and discretion. Job seekers / Users agree to indemnify The Company, its directors, and officials for any loss or damage resulting out of any action or omissions basis the reliance of aforesaid information available on the Company websites. The Company will delete the aforesaid obtained jobs postings in its foundit website immediately within 48 hours in the event of any request of deletion or any other concern raised by the original job posting source/owner. The Company reserves the right to delete the said information at its sole discretion or from any request for the deletion of the same by the job postings owner / source website of job postings, without giving any reason thereof or as may be required under applicable laws for the removal of the same with or without any notice or information by anyone and / or by any regulatory or judicial authorities. Cookies or API functionalities shall be blocked/disabled to source further job postings from such source website. Jobseekers, Users, candidates and all other concerned indemnifies the Company, its directors and officials at any and all times from all losses, liabilities, claims, demands, damages, arising out of the aforesaid provisions in its website and waives and releases the Company from all claims and demands, if any, with respect to the subject matter hereof). Any query or concern should be redirected to cr@foundit.hk.

The Company reserves the right to remove any job posting or content from any foundit website, which in the reasonable exercise of Company’s discretion, does not comply with the above Terms, or if any content is posted that the Company believes is not in the best interest of the Company.

If at any time during your use of the Company Services, You made a misrepresentation of fact to the Company or otherwise misled Company in regards to the nature of your business activities, the Company will have grounds to terminate your use of the Company Services.

Resume Database

Use of the foundit.hk Resume Database by Employers

You shall use the foundit.hk Resume Database as provided in these Terms and in any contract You have with the Company. You shall use the foundit.hk Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from foundit.hk Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.

You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from foundit.hk Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.

The foundit.hk Resume Database shall not be used:

(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;

(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or

(c) To source candidates or to contact job seekers or resume holders in regards to business opportunities prohibited by these Terms of Use.

In order to ensure a safe and effective experience for all of our customers, the Company reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in the Company’s sole discretion from time to time.

10. Additional terms applicable to Job Seekers

When You register with any foundit website, You will be asked to create an account and provide foundit website with certain information including, without limitation, a valid email address (Your "Information").

Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the foundit.hk website.

The Company reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by the foundit.hk or by third parties. Please see foundit.hk's Privacy Policy (http://www.foundit.hk/info/privacy), for further details regarding Your Information.

You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your foundit.hk account or Your foundit.hk account is terminated, all Your account information from foundit.hk, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from foundit.hk's databases and will be removed from any public area of the foundit.hk website . Information may continue to be available for some period of time because of delays in propagating such deletion through Company’s web servers. In addition, third parties may retain saved copies of Your Information.

The Company reserves the right to delete Your foundit account and all of Your Information after a significant duration of inactivity.

11. Data Privacy and SMS Alerts

In the context of the 'alerts' service being introduced by the Company; the candidate consents to the use of his personal data in the form of cellular phone number(s) being used by foundit website to forward relevant job alerts and other information as and when they become available.

12. Professional Networking

Professional Networking is a facility introduced by the Company on its foundit website for networking between Employer, their Recruiters and Job seekers through their respective foundit Accounts which will facilitate them in fulfillment of career and job opportunities through this unique facility.

Terms for Job Seekers:

Jobseekers have the capability to connect with other job seekers on foundit website through their respective foundit Accounts. This connect can happen only among seekers who have some common background like being colleagues at a company, college alumni, through their connect on email/social networks, or through their common connections on the Professional network. Job Seekers can use their profile in foundit Account for their Professional Network. Job Seekers may limit their profile access & visibility on the Professional network at their discretion. They can also control the flow of social activities related information to their contact IDs using their account settings.

Job seekers shall have three profile preferences - Public, Limited and Private.

The Public profile will be accessible to all for social activities. It shall be visible & available for search to the network; can be imported as connections; can receive request for recommendation / endorsements, and can share their accreditations like assessments or certifications etc. within their network.
The Limited profiles shall be accessible and visible to its connections only and can share their accreditations like assessments or certifications etc. within their network.
The Private profile shall be restricted and not open to connections, and will not be searchable for social activities. Job Seekers shall use the Professional Networking environment only for the purpose of career related information; opportunities and dissemination of information thereof through the network and shall not use Professional Networking for promotion of any sales, marketing, collecting / gathering of details of the users for the purpose or other activity, which is not permitted under these terms and Terms of use & Privacy of the foundit website.

As a jobseeker, you understand and acknowledge that if you cancel your foundit account or your foundit website account is terminated, all your information in the Professional network, will be marked as deleted in and may be deleted from foundit website's databases and will be removed from any public area of the foundit website. Information may continue to be available for some period of time because of delays in propagating such deletion through Company’s web servers. However, your connections and third parties may retain saved copies of Your Information.

Terms for Recruiters:

Recruiters associated with Company’s paid Clients, Customers/ Employers can create their Individual recruiter profile on foundit website, which shall be registered by the Company at its sole discretion. These recruiters will function as authorized users of their company’s foundit account(s). They can use their profile to manage their company’s profile, post jobs, do database searches and perform other recruitment related activities for their company. They can have a direct connect with the jobseekers, who can follow them to know about their activities.

Such authorized recruiters shall be solely responsible for managing Professional Networking profile and will not be able to represent the same account as soon as their engagement terminates with their respective Company. However, such recruiter’s Professional Networking profile will be there on foundit’s Professional Network containing the basic information of such recruiters along with the followers, which can be used by the recruiter for any other foundit Employer on association with the other foundit Employer. The Company reserves the right to delete or remove of any such individual authorized recruiters without notice if it comes to the Company’s knowledge or if it is otherwise notified to the Company that it infringes and/or violates any third party’s Trade Mark, Copy right and / or any other intellectual property right and the Company may also terminate access to its Website permanently.

Additional terms for non-customer Recruiters creating Recruiter Profile on foundit website.

The non-customer Recruiters, either individuals, free lancers or other entities (“non-customer Recruiters”) who create Recruiter Profile on foundit website shall be solely responsible for managing their respective Recruiter Profile on foundit website, submission of true & correct information and ensure that the data, job posting, and other information submitted through Recruiter profile is correct, true and not misleading and shall not upload, display of data, job posting and other material in foundit website which : is in violation of any applicable law or regulation; will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others; belongs to another person/entity and to which you do not have any right to; deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature; impersonate another person or entity; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Company’s computer systems or websites or foundit’s users, customer’s computer systems or site; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, seeking money from jobseekers, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.

Such non-customer Recruiters authorize the Company to use their information in order to send e-mail or other communications regarding offers and updates at foundit website to contact them about their opinion about current foundit products and services or potential new products and services that may be offered and also authorize foundit to provide additional communications, promotions and information on new foundit opportunities, product/services and additional job postings. The nature and frequency of these messages will vary depending upon the information we have about such Recruiters. The Company reserves the right to restrict/amend the features of Recruiter’s Profile, manner of its use, on foundit website as the Company deems appropriate in its sole discretion.

Such non-customer Recruiters agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any content or other material provided to Recruiter profile, (ii) Use of any foundit content, or (iii) breach of these terms.

On non-conformance of any of the aforesaid terms the Company reserves the right to delete or remove offending Recruiter Profile without notice if it comes to the Company's knowledge or if it is otherwise notified to the Company that it infringes and/or violates any third party’s Trade Mark, Copy right and / or any other intellectual property right and the Company may also terminate access to its Websites permanently. The Company has no liability or responsibility to Recruiters for performance or non-performance of such activities. Additionally, the Company has the right to initiate appropriate proceedings against the offending Recruiters as per law.

Terms for Companies / Employers:

The Company’s paid clients/customers who use the foundit website for their recruitments related requirements, and who will now be able to leverage the network through their authorized recruiters. As part of Professional Networking , the company would be able to connect with a larger audience by having direct followers of their profile, and also through connections of their recruiters. Through their company profile, they will be able to showcase their company environment, policies & other important information, and engage jobseekers through Polls & Surveys.

They will have sole responsibility of authorizing & managing the recruiters associated with their profile at their own discretion. In the event any of the Employer recruiter’s, engagement terminates with the Employer, having foundit website Professional Networking representation for the Employer, it shall be the sole responsibility of the Employer to immediately notify the Company about the termination of engagement with the said recruiter and appointment of a new recruiter. Employer shall ensure to keep informed the Company changes / updates in their recruiters as and when any changes thereof from time to time.

13. Terms for Startup Services

The Startup ecosystem is a unique solution introduced by the Company on its foundit website for networking between interested parties, i.e. “Persons or Associations who intend to initiate a Startup venture and various other independent Interested Parties like Mentors, Incubators, Accelerators and Investors".

Mentors are the expert Individuals, who can share their respective ideas for a specific business activity. Incubators are associations who help to initiate the successful development of startup and fledgling companies by providing emerging/budding entrepreneurs with targeted resources and services. These services are usually developed or orchestrated by incubator’s management and offered both either through the business incubator and/or through its network of contacts. Accelerators are the associations who provide advice, guidance and various forms of support for businesses in the startup phase while making an investment in the companies enrolled in their programs. Investors are business entities looking to invest in the Startups.

Through this facility, the Company brings these Interested Parties together on its foundit website to provide them a common platform to interact. They can share their ideas, plans and potential innovative actions which will facilitate them in fulfillment of their respective objectives through this unique facility.

Terms for Interested Parties:

The interested parties have the capability to connect with each other through foundit website with this Service. the Company acts only as a medium / facilitator for connecting them through its website. The interested parties may limit their visibility/access at their discretion, and can also control the flow of their respective information.

The Interested Parties can use this facility of the Company only for the purpose of startup related information; opportunities and dissemination of information thereof through foundit website and shall not use it for promotion of any sales, marketing, collecting / gathering of details of the users for the purpose or other activity, which is not permitted under these terms and Terms of use & Privacy of the foundit website.

The Company does not have any involvement in their dealings amongst them and also has no any role in their screening process for selection by either of these parties to the other. By providing this facility the Company neither warrants any of the interested Parties, the authenticity, genuineness nor veracity of their standing or any claims. The Company does not provide any advice to follow or unfollow by any of the Interested Party to the other and shall in no way responsible and liable for any inaccuracy, errors, mistakes, misrepresentation thereof in any manner whatsoever.

As user of this facility, any of the Interested Parties understand and acknowledge that if they disassociate with foundit Website or if their association is terminated by the Company for any act, omission or unauthorized or illegal activity, all the information provided in this facility, will be marked as deleted in and may be deleted from foundit's databases and will be removed from any public area of the foundit website. The information may continue to be available for some period of time because of delays in propagating such deletion through foundit’s web servers. However, a copy of the information may be saved in archive folders for evidentiary, legal and regulatory purpose.

Interested Parties can create their respective profiles on foundit website, which shall be registered on foundit website by the Company on acceptance of such terms and conditions as the Company may deem appropriate at its sole discretion. They can use their profile to manage their profile, do relevant acts, and perform other activities related .to start up. They can have a direct connection between them to know about their activities.

Jobseekers willing to work in startups can register on foundit website, search & find the desired entity (ies) such as Startups, Budding Entrepreneurs, Mentors & Angel Investors and can engage with the Interested parties by following their profiles, participating in online discussions and request to connect. Interested Parties can also post their job requirements under this facility. Jobseekers can apply to the jobs posted by these Interested Parties and can also recommend the said posted jobs to their connections through foundit website & through their social network and can also opt for information resources like Articles, Events, Newsletters and relevant information.

Such Interested Parties shall be solely responsible for managing their profile. They are responsible for submission of true & correct information and ensure that the data and other information submitted is correct, true and not misleading and shall not upload, display of data, and other material in foundit website which:

is in violation of any applicable law or regulation;
will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or
violate the privacy, publicity or other personal rights of others;
belongs to another person/entity and to which you do not have any right to;
deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature;
impersonate another person or entity; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Company’s computer systems or sites or foundit website’s users, customer’s computer systems or site;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, seeking money from jobseekers, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.

Company reserves the right to delete or remove of any such Interested Parties without notice if it comes to Company's knowledge or if it is otherwise notified to the that it infringes and/or violates any third party’s Trade Mark, Copy right and / or any other intellectual property right and on conduct of any prohibited actions and agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any content or other material provided to foundit website, (ii) Use of any foundit website content, or (iii) breach of these terms. The Company may also terminate access to its Website permanently.

On non-conformance of any of the aforesaid terms the Company reserves the right to delete or remove offending Interested Parties account without notice if it comes to the Company's knowledge or if it is otherwise notified to the Company that it infringes and/or violates any third party’s Trade Mark, Copy right and / or any other intellectual property right and the Company may also terminate access to its foundit Website(s) permanently. The Company has no liability or responsibility for performance or non-performance of such activities. Additionally, the Company has the right to initiate appropriate proceedings against the offending Interested Parties as per law.

The Company may, at its sole discretion do away with these services at any time, without giving any reason thereof, without notice.

14. Mobile Services

If you use the foundit website through a mobile device, you agree that information about your use of the foundit website through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the foundit website through a mobile device may cause data to be displayed on and through your mobile device. By accessing the foundit website using a mobile device, you represent that to the extent you import any of your foundit data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your foundit account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge that you are responsible for all charges and necessary permissions related to accessing the foundit website through your mobile access provider. Therefore, you should check with your provider to find out if the foundit website are available and the terms for these services for your specific mobile devices.

By using any downloadable application to enable your use of the foundit website, you are explicitly confirming your acceptance of the terms of the End User License Agreement and the Privacy Policy associated with the Application provided at download or installation, or as may be updated from time to time.

15. Private Resume Database Hosting Service

Some of our customers use foundit’s private resume database hosting services to store resumes and to run certain applications. If your resume is stored in a customer’s private resume database, then that customer's privacy policies and practices apply to your data.The Company is not responsible for our customers' privacy policies or practices. For more information please refer to foundit's Privacy policy for private resume database hosting.

16. Express Consent and Acknowledgement

You acknowledge, consent and agree that when submitting your resume for storage in our resume database, your resume is automatically searchable by employers, recruiters, hiring managers, headhunters, and human resource professionals (the "Employers") who pay for access to our resume database. The Company is not responsible for the use made of resumes by Employers who accessed your resume whilst it resides in our database. You acknowledge that when your resume is displayed in our database, personal information present within your resume (such as your email address), can be collected and used by parties other than the Employers. This may result in unsolicited messages from third parties for which the Company is not responsible. The Company will attempt to limit access to our resume database to the Employers, but cannot guarantee that other parties will not gain access to this database. You may remove your resume from the Web Site at any time, but the Employers who have gained access to our database may have retained a copy of your resume in their own files or databases. The Company is not responsible for the retention, use or privacy of resumes or profiles in these instances.

You acknowledge, consent and agree that job search agents will be automatically created when you register on the Web Site. Job search agents will automatically email you job opportunities based on pre-selected search criteria. Your job search agent will search daily for new open positions that match your criteria. You can choose to have those search results emailed to you on a daily, weekly or monthly basis. In addition, you may change the search criteria of your job agent at any time. In relation to the aforementioned, you agree that the Company may use your personal information to contact you and deliver information relating to the job search agent's search results to you, or provide administrative notices or communications applicable to your use of the Web Site.

You acknowledge, consent and agree that the Company can disclose your resume and contact details ("Personal Information") to prospective Employers who purchased the Company's job posting packs in order to seek qualified candidates. The Company uses data about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities made available through such job postings.

In the event that you are an Employer posting job opportunities on the Web Site, you acknowledge and agree that you will use the candidates' Personal Information disclosed to you by the Company pursuant to your purchase of the Company's job posting packs for recruitment purposes only and will not disseminate such Personal Information to any third party or use such Personal Information for any other purposes.

17. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement

If You believe that your copyrighted work has been uploaded, posted or copied to any foundit website and is accessible on such foundit website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;
Identification of the URL or other specific location on foundit website where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
Your name, address, telephone number and, if You have one, your e-mail address;
A statement by You that You have a good faith belief that use on the foundit website of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.

We have designated authorized official to receive notices of claims of copyright infringement on the foundit website. You can contact at email ID: privacypolicy@foundit.in

Need help with a job seeker issue? Contact us now.

18. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.

The Company, and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same.

The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of foundit.hk, You agree not to use foundit.hk or any other foundit website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any foundit account holders, and block access to foundit.hk and/or the other foundit website of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.

Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact at email: privacypolicy@foundit.hk

19. Company's Liability

The foundit.hk and other foundit websites act as, among other things, venues for

employers to post job opportunities and search for and evaluate job candidates and
Candidates to post resumes and Profiles and search for and evaluate job opportunities. The Company does not screen or censor the listings, including Profiles offered. The Company is not involved in the actual transaction between employers and candidates. As a result, the Company is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and the Company makes no representations about any jobs, resumes or User Content on foundit.hk and the other foundit website. While the Company reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the foundit website from time to time, the Company does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.

The Company provides a venue for individuals to network for professional and personal purposes and the Company does not screen or censor the Profiles or User Content on the foundit website. The Company is not involved in the actual communications between Users. As a result, the Company has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the foundit website and makes no representations about any Profile or User Content on the foundit website.

In addition, please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the foundit website. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the foundit.hk and other foundit website.

Because User authentication on the Internet is difficult,the Company cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any foundit website, in the event that You have a dispute with one or more Users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

The foundit website and the foundit content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any foundit website or the foundit content. The use of all foundit website and the foundit content is at Your own risk. Changes are periodically made to foundit website and may be made at any time. The Company cannot guarantee and does not promise any specific results from use of any foundit website. No advice or information, whether oral or written, obtained by a User from foundit.hk or through or from any foundit website shall create any warranty not expressly stated herein.

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the foundit website. Employers are solely responsible for their postings on foundit website. The Company is not to be considered to be an employer with respect to your use of any foundit website and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any foundit website.

The Company encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall the Company be liable for the deletion, loss, or unauthorized modification of any User Content.

The Company does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any foundit website, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

If You believe that something on the foundit website violates these Terms please contact our designated agent set forth above.

If notified of any content or other materials which allegedly do not conform to these Terms, the Company may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. the Company has no liability or responsibility to Users for performance or nonperformance of such activities.

20. Disclaimer of Warranty.

THE COMPANY DOES NOT WARRANT THAT ANY FOUNDIT WEBSITE WILL OPERATE ERROR-FREE OR THAT ANY FOUNDIT WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY FOUNDIT WEBSITE OR THE FOUNDIT CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE FOUNDIT WEBSITE AND FOUNDIT CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY DOES NOT WARRANT THAT ANY FOUNDIT WEBSITE OR ANY COMPANY SERVICES WILL OPERATE ERROR-FREE OR THAT ANY FOUNDIT WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY FOUNDIT WEBSITE OR THE FOUNDIT CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE FOUNDIT WEBSITE AND FOUNDIT CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE FOUNDIT CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

21. Disclaimer of Consequential Damages.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY FOUNDIT WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY FOUNDIT WEBSITE AND THE FOUNDIT CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

22. Limitation of Liability

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY FOUNDIT WEBSITE OR YOUR USE OF THE FOUNDIT CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED INR 1,000..

23. Links to Other Site

The foundit website contain links to third party Websites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If You decide to access linked third-party Websites, You do so at Your own risk.

24. No Resale or Unauthorised Commercial Use

You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any foundit website.

25. Indemnity

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any foundit website, (ii) Your use of any foundit content, or (iii) Your breach of these Terms. The Company shall provide notice to You promptly of any such claim, suit, or proceeding.

26. General

The Company makes no claims that the foundit content may be lawfully viewed or accessed outside of Hong Kong. Access to the foundit content may not be legal by certain persons or in certain countries. Your access to foundit website is at your own risk and You are responsible for compliance with the laws of respective State" jurisdiction as may be applicable to You. These Terms of Use are governed by the laws of Hong Kong, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the Courts at Hong Kong. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of foundit.hk, and a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between You and the Company with respect to the use of foundit.hk. No changes to these Terms of Use shall be made except by a revised posting on this page.

27. Redressal of Users Grievance, DPO

The Company has designated Grievance Officer and DPO to redress the grievances of the users. The aggrieved user may submit their grievances at email: Privacypolicy@foundit.in

28. Additional Terms of Use

Certain areas of foundit.hk and the other foundit website are subject to additional terms of use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas.

Terms for sourced and enriched profiles:

Sourced Profile

With the objective to provide right career opportunity with the right employer, the candidates who have listed themselves at various publicly accessed domains/URLs for better career opportunity, foundit has collated and sourced their publicly available information like name, email address, phone number, resume including job experience, experience, skills, and education which is posted and available for public view, on foundit website for better visibility of their profiles by the relevant employers in fulfilling their career objectives. foundit can use such information available on publicly available URL for job-related purposes, provide Job-related communication, populate to potential employers and recruiters for shortlisting for potential job requirements of such candidates. Such sourced profile candidates will be able to receive communication from employers and recruiters for various career opportunities without any effort by such candidates and can avail such career opportunities free of cost/any charge from foundit. Such candidates can contact to foundit at compliance@foundit.in for any update of their information and any other communication for necessary action by foundit.

Enriched Profile

foundit will endeavour to gather the missing information like name, email address and phone number, company information , experience etc. on uncompleted profiles registered on its website from various publicly accessed domains/URLs so that the profile information can be enriched, made relevant and corrected. Such candidates can contact to foundit at compliance@foundit.in for any update of their information and any other communication for necessary action by foundit. In the event of any concern or query, the sourced profile and enriched profile candidates can contact to compliance team at compliance@foundit.in for necessary action.

Disclaimer:

The Company’s user’s/job seeker’s database, which also contains publicly available information of the users educational qualification, skills, employment history and relevant information. The Company provides to the Client the publicly available information of the users which is obtained from third-party data aggregators /service providers. The Company has tech enabled unique search features on foundit website to search and find relevant candidates on foundit website as required by the Client. Client may use these features to search the relevant candidates.

The Company services and all data and information obtained and provided the services are provided on an “as is,” “as available” basis. To the fullest extent permissible under applicable law, Company makes no warranty or guarantee, express or implied, relating to the services or Client’s use of the services, or any data or information obtained via the services or provided under this agreement and/or accuracy thereof, including but not limited to any implied warranties of merchantability, satisfactory quality, non-infringement, and/or fitness for a particular purpose.

Company does not have any obligation to monitor the information included in the Product and it is not responsible for the availability, accuracy, applicability, or legality of any information, data, or domain does not represent or warrant that the information provided under the Product shall be error-free or that any errors will be corrected. Company shall not be liable for any damages or loss incurred to the Client, or any other third party as a result or in connection with the use of the Product or in connection with use of or reliance on any information derived from the Product. Access and use of the product is solely at the Client’s own risk.

29. Term and Termination

These Terms of Use will remain in full force and effect while You are a User of foundit.hk at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from foundit.hk and the other foundit website and immediate termination of your registration with or ability to access foundit.hk and the other foundit website and/or any other services provided to You by the Company, upon any breach by You of these Terms of Use or if the Company is unable to verify or authenticate any information You submit to foundit.hk or other foundit website registration. Even after You are no longer a User of foundit.hk, certain provisions of these Terms of Use will remain in effect, including Sections 2, 6, 10 through 25 and "Additional Terms of Use" inclusive.

FOUNDIT VIDEO SERVICE – ADDITIONAL TERMS OF USE

1. YOUR ACCEPTANCE OF THE ADDITIONAL TERMS OF USE. FOUNDIT VIDEO SERVICE

Your access and/or use to this founditfoundit Video Service is subject to these Additional Terms of Use besides the Terms of Use (click at//www.foundit.hk/info/terms-of-use ) and Privacy Commitment (click at //www.foundit.hk/info/privacy.) enshrined and specified on the homepage of the website www.foundit.hk (hereinafter referred to as “foundit website”) which are additional and supplementary and are incorporated herein by reference. By accessing or using this foundit Video Service you agree to be bound by these Additional Terms of Use, the said Terms of Use and Privacy Commitment, or any amendments thereof, applicable laws, rules and regulations governing this website.
Please do not access and / or use this Website if you do not agree with any of the terms and conditions stated herein or under the said Terms of Use and / or Privacy Statement enshrined and specified on the foundit website. You also hereby agree and acknowledge that you are eligible and have contractual capacity to access or use this foundit Video Service and foundit website. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Website for any reason whatsoever.

2. APPLICABILITY WIDE AND EXHAUSTIVE

These Additional Terms of Use shall apply to all the users of the foundit website, including, but not limited to, registered users on foundit website, contributors of video content, information, and / or other materials on the foundit website. The foundit website may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the foundit website, you expressly relieve and absolve the Company from any and all the liability arising from your use of any third-party website. The Company also reserves the right to decide the inclusion or non-inclusion of any video content in foundit website without giving any reason of its non-inclusion. The Company reserves the right to withdraw any video content at any time without recourse to or permission of the contributor.

3. FOUNDIT WEBSITE PRODUCT & SERVICES

foundit Video Service specifically and only allows registered users on foundit website who have a valid login ID at foundit website to upload video content related to their resumes, profile, company profile and contents ancillary and incidental thereto to be hosted by foundit website and to be configured by applicable Technology for public display on foundit website network, including but not limited to the Company's affiliate's websites and on the Company affiliates and syndicated third party sites, and for the public posting, viewing and sharing of the Video Content. You expressly agree and acknowledge that the foundit Video Service is a not a private service and it is hereby clarified that once the registered users of foundit website submit their respective Video Contents for inclusion into the foundit website, it will be accessible by the public at large, and that there is no confidentiality or privacy with respect to the Video Content uploaded. Further, registered users of foundit website also agree and acknowledge that their Video Content submitted to foundit Video Service may, in the Company's discretion, appear on local foundit websites in other countries.

4. ACCESS & USAGE TERMS

foundit Video Service permits you to use these services as set forth in this Terms of Service, provided that: (i) your use of the these services as permitted is solely for your use (ii) you will not copy or distribute any part of the product and services of foundit website in any medium without Company's prior written permission; (iii) you will not adulterate, manipulate, change, alter, amend or modify any part of the Foundit Video content contained in the foundit website and comply with the terms and conditions of these Terms of Service as well as Terms of Use and Privacy Statement enshrined and specified on the foundit website. While registering yourself on the foundit website you shall submit your accurate and complete details and information and must keep your login ID and password secure to prevent misuse and unauthorized use of your login ID or account. In the event of any breach of security or unauthorized use of your login ID / Account you must notify the Company immediately. The Company will not be liable for any loss caused by any unauthorized use of your foundit login ID / Account. You may be liable for the losses to the Company due to any such unauthorized use. You also agree not to use any automated system including but not limited to the use of "robots," "spiders," "offline readers," etc., that accesses the foundit website in a manner that sends multiple request messages to the foundit website’s web servers in a given period of time than a normal prudent person can reasonably produce in the same period by using a convention on-line web browser. You also agree not to store, collect or harvest any personally identifiable information, including names, e mail ids, account names, list of the recruiters and employers from the Website, nor to use the foundit website’s e mail, website for any commercial solicitation purposes.

5. VIDEO CONTENT SUBMISSIONS IN FOUNDIT WEBSITE

The Company permits its registered users of foundit website the submission of videos or other communications in foundit website and they agree and allow the Company hosting, sharing, and/or publishing of such submissions. The Company does not guarantee any secrecy and confidentiality with respect to any of the Video or other communication submissions in foundit website. The concerned registered users of foundit website are solely responsible for their video content Submissions and the consequences of posting or publishing them on foundit website. In this regard the concerned registered users of foundit website affirm, represent, and/or warrant that they have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Video content to enable inclusion and use of the Video Content in the manner contemplated by the foundit website’s Terms of Use and Privacy Commitment and these Additional Terms of Use; and also have the necessary required written consent, release, and/or permission contemplated by the foundit website and these Additional Terms of Use. The concerned registered users, jobseekers, recruiters, employers and other contributor of Video Content on foundit website hereby agree not to include any Video Content that in any manner whatsoever is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. The registered users and other contributor of Video Content in foundit website hereby grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submitted video content in connection with the foundit website and its affiliates business, including without limitation for promoting foundit website in any manner whatsoever. The concerned registered users and other contributor of Video Content in foundit website also hereby grant the Company a non-exclusive license to access their video content through foundit website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Video content through foundit website and under these Additional Terms of Use. The aforesaid license and permission granted by you to the Company terminates once the concerned registered users and other contributor of Video Content in foundit website remove or delete their Video Content from foundit website.

With respect to the video content submissions in foundit website, the concerned registered users and other contributor of Video Content in foundit website also further agree that they shall not submit any content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless they are the owner of such rights or have permission from their rightful owner to post the content and to grant the Company all of the license rights granted thereto and they also not publish false content or material that may damage the Company or any third party and also hereby agree not to submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; post advertisements or solicitations of business, impersonate any third party.

The Company does not verify the genuineness, accuracy or otherwise endorse any Video content or any opinion, recommendation, or advice expressed therein, and the Company hereby expressly disclaims any and all liability with respect to the video content inclusions in foundit website. The Company does not permit copyright infringing activities and infringement of intellectual property rights on foundit website, and the Company reserves the right of deletion or removal of any video Content without prior notice if it comes to the Company's knowledge or if it is notified that such video content infringes and/or violates any third party’s Trade Mark, Copy right and / or any other intellectual property right and the Company may also terminate access to its Website. The Company also reserves the right to decide whether a particular video Content or material is appropriate and complies with the Terms of use and Privacy Commitment of foundit website and these Additional Terms of Use for violations other than copyright infringement and violations of intellectual property law including but not limited to, pornography, obscene or defamatory material, or excessive length. The Company shall delete or remove such Video Content and/or terminate such violator's access to foundit website at any time, without any prior notice at its sole discretion for uploading such video content in violation of Terms of use and Privacy Commitment of foundit website as well as these Additional Terms of Use. Concerned registered users, jobseekers, recruiters, employers and other contributor of Video Content in foundit website hereby agree and acknowledge that they may be liable if their video content submissions in foundit website are not genuine, inaccurate, offensive, indecent, or objectionable, and they also agree to waive, and hereby do waive, any legal or equitable rights or remedies they have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to their video content submission in foundit website.

6. COMPANY’S RIGHTS IN VIDEO CONTENT

The Company reserves the right to sell, license and/or display any advertising, promotional and distribution rights in connection with the Video Content and other material submitted in foundit website and the Company will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. Nothing in these Additional Terms of Use obligates or may be deemed to obligate the Company to sell, license or offer to sell or license any advertising, promotion or distribution rights.

7. APPROPRIATE USE OF FOUNDIT VIDEO SERVICE

The video content, material and software on foundit website is the property of the Company and protected by all the local and international applicable laws including but not limited to laws related to Trade Mark, Copyright and other intellectual property rights. You agree that you will not copy, modify, alter, reproduce, create derivative works, or display to the general public any of the foundit video content from the foundit website. You also agree that you will not in any manner whatsoever including by the use of any automated device or manual process monitor or copy any of the video content from the foundit website. Any use of the foundit Video Service that infringes or violates foundit website’s Terms of Use and/or Privacy Commitment and/or Company’s Trade Mark, Copyright and intellectual property rights will be treated as a serious infringement and violation and investigated accordingly. The Company shall have the right to take appropriate civil and / or criminal action for such infringement and / or violations.

8. WAIVER OF CLAIMS & INDEMNITY PROVISION

You hereby waive all claims against the Company and indemnify its directors, employees, authorized representatives and agents from any and all liability for claims, damages (actual and/or consequential), costs and expenses including but not limited to litigation costs and attorneys' fees of every kind and nature, arising out of or in any way whatsoever concerned with use of the foundit Video Service and also arising out of your violation of any term of these Additional Terms of Use; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim of video content submission causing damage to a third party. This defense and indemnification obligation will survive these Additional Terms of Use and your use of the foundit website.

9. DISCLAIMER

You agree and acknowledge that your use and access of the foundit Video Service and foundit website shall be at your sole risk, responsibility and consequences. To the fullest extent permitted by law, the Company, its officers, directors, employees, authorized representatives and agents disclaim all warranties, express or implied, in connection with the foundit Video Service and foundit website and your use thereof. The Company makes no warranties or representations about the accuracy or completeness of foundit website's content or the content of any sites linked to foundit website and assumes no liability or responsibility for any (i) Errors, mistakes, or inaccuracies of content, (ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of foundit Video Service and foundit website, (iii) Any unauthorized access to or use of foundit websites servers and/or any and all personal information and/or financial information stored therein in any form and/or in any manner, (iv) any interruption or cessation of transmission to or from foundit website, (iv) Any bugs, viruses, Trojan horses, or the like unauthorized tools or software which may be transmitted to or through foundit website by any third party, and/or (v) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through foundit website. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the foundit website or any associated or hyperlinked website and the Comoany shall not be a party to or in any way be responsible or accountable for monitoring any transaction between you and third-party.

10. LIMITATION OF LIABILITY

The concerned registered users, jobseekers and other contributor of video content in foundit website hereby agree and acknowledge that the Company shall not be liable for their video content submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with them.

In no event shall the Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) Errors, mistakes, or inaccuracies of the video content, (ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) Any unauthorized access to or use of foundit website secure servers and/or any and all video content and/or personal information and/or financial information stored therein, (iv) Any interruption or cessation of transmission to or from foundit website, (iv) Any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content submitted, posted, emailed, transmitted, or otherwise made available via the foundit website, whether based on warranty, contract, tort, or any other legal arrangement, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable local and/or international jurisdiction.

11. AMENDMENT IN TERMS OF USE

The Company shall have the right to amend, vary or modify the Terms of Use, Privacy Commitment of foundit website and these Additional Terms of Use governing this foundit Video Service at any time, without giving any prior notice to You and such amendment shall be effective immediately upon inclusion / posting of such amendment on foundit website.

These “Terms of Use” and “Privacy Commitment of foundit website constitute a binding agreement between You and the Company, and is accepted by You upon your use of the foundit website.

Update effective: March, 2024

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