version: 20211221
Introduction
Agreement

When you use our Services, you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share and store your personal information.

You agree that by clicking “Sign up”, “Login”, “Apply”, registering, accessing, or using our services, you are agreeing to enter into a legally binding agreement with ITRecruit (even if you are using our Services on behalf of a company). If you do not agree to this User Agreement, do not click “Sign up”, “Login”, “Apply” and do not access or otherwise use any of our Services. If you wish to terminate this agreement, at any time you can do so by closing your account and no longer accessing or using our Services.

Services

The ITRecruit Services are defined as the applications and services offered by ITRecruit, including an on-line service to post and search employment opportunities and including any application accessed through the Facebook Platform and/or any mobile or other interface that allows You to access such application (collectively, “ITRecruit Services”). The ITRecruit website also allows Users to create individual profiles, which may include personal information (”Profiles”), and to make these Profiles, or aspects thereof, public. In addition, ITRecruit may collect information about You from publicly-available websites and may use this information to create a Profile or append it to an existing Profile.

1. Terms of Service for Job Seekers
1.1 Your user account

In order to have full access to services offered on the Website, you need to create a user account and provide ITRecruit Website with certain information, including but not limited to an email address, to further communicate between you and ITRecruit Website. You are responsible for maintaining the security of your account, thus all activities that happen under the account and any other action taken in connection with the account. You are prohibited from describing or assigning keywords to your account, job posts in a confusing, misleading and unlawful manner, including but not limited to a manner intended to have trade purposes on the name or reputation of others. ITRecruit has the right to adjust or remove any description or keywords that it sees as inappropriate or unlawful, or otherwise likely to cause ITRecruit liability. You must timely notify ITRecruit of any unauthorized usage of your job posts, your account or any other security breaches. ITRecruit shall hold no liability for any acts or omissions by you, including any damage of any kind that occurred as a result of such acts or omissions. You are responsible for such acts or omissions unless you opt to close your user account or report misuse.

1.2 Resumes and Recommended Jobs

By creating a public resume through the Website, you agree to request and authorize ITRecruit to make your resume available to third parties, such as Employers, that ITRecruit believes may take interest in your resume. By creating or uploading a resume on ITRecruit Website (hereinafter an “ITRecruit Resume”), ITRecruit may share with you Job Listings that it believes to match the contents of your ITRecruit Resume. ITRecruit shall hold no responsibility and disclaims all liabilities for the resume or application information you post, send or receive on the Website. Were you to notice any inaccuracy in any such material, you are responsible for correcting such information or contacting ITRecruit to make such adjustments. As part of ITRecruit policy to protect your privacy, ITRecruit may conceal or hide your contact information, such as your email address, from your resume and may alternate it with an alias.

Additionally, ITRecruit may automatically send you Recommended Jobs via the email address you provided and use to create an ITRecruit user account or to apply for jobs. ITRecruit may consider what such Recommended Jobs are on the basis of various factors, including but not limited to, any information you provided on the Website about yourself (this includes what is in your ITRecruit Resume), searches you run on the Website, jobs you click on, or apply to, or any material you provide in a job application to an Employer through ITRecruit.

By creating a resume through the Website, you authorize ITRecruit to use your resume to send your information to an Employer that is searching for a candidate like you.

1.3 Applying to Jobs Through ITRecruit

Any resume or information you submit through the Website, including Personal Data included in a resume, application, or responses to screener questions and assessments (hereinafter “ITRecruit Apply”), is subject to this Agreement as well as to ITRecruit’s Privacy Policy. By providing information to an Employer (regardless of any form), you agree to acknowledge that ITRecruit does not have control over the Employer’s usage or disclosure of such information. Were you to request the Employer to make modifications, delete or ensure confidence over such information, you must make such requests directly to the Employer.

By applying to a job using ITRecruit, you agree for ITRecruit to send your application to the contact information provided to ITRecruit by an Employer or their Agent. ITRecruit shall hold no responsibility for such messages and applications will be delivered, received, accessed, read, or acted upon. ITRecruit also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no errors during the transmission or storage of the data.

By using ITRecruit, you acknowledge that ITRecruit holds no responsibility for the content of the Employer’s job application, messages and that ITRecruit does not guarantee that your application will be received by the Employer, or you will receive messages from the Employer.

ITRecruit holds no responsibility for the validity of a job offer and cautions Job Seekers to make verification of the validity of such job offers before taking any unfavorable action that affects their current employment situation. Job Seekers hold sole responsibility for verification of the accuracy of any Employer of the job offer.

1.4 Your Job Seeker Data

As a Job Seeker, you perform various actions on the Website. For instance, you run searches for available vacancies, and ITRecruit knows and stores the titles of positions you search for and click on, the location where such jobs are, as well as the general salary range or experience level you view (if indicated on the Job Listings), the Job Listings you opt to apply for, your total amount of activity or time of most recent actions on ITRecruit, information you provided directly to ITRecruit including desired salary, previous experience or any of your other behavior on the Website. You know clearly what this data is because you are the person who undertook the activity and the data pertains only to your activity. By owning an ITRecruit account or an ITRecruit Resume, you acknowledge that ITRecruit may associate this data with your ITRecruit Profile, and make use of this factual data to give jobs recommendations to you or to recommend you or your public resume to Employers that might show interest in an individual matches your behavior on ITRecruit. You also agree to acknowledge that ITRecruit may contact you based on this behavior on behalf of Employers or ITRecruit itself.

2. Terms of Service for Employers
2.1 Employer Account

When you create an ITRecruit account, a Company Page, or post job listings, you agree that this Agreement, the terms associated with any ITRecruit service you are using, and all of ITRecruit’s policies, including the ITRecruit Privacy Policy and Cookie Policy, apply to you.

As an Employer, your account is for business use and not for personal use. ITRecruit is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an ITRecruit account, you agree to receive mandatory email updates regarding anomalous activity to your ITRecruit account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.

2.2 Job Postings

By creating your company profile or job post, You are responsible for all contents that you create, any Job Listings that you post and agree that ITRecruit is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that ITRecruit may reject or remove any Job Listing, any part of any Company Page, for any or no reason. ITRecruit further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

When using the ITRecruit Job Posting function, ITRecruit will attempt to send applications to the contact information provided to ITRecruit by you, however, ITRecruit has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify ITRecruit for any damages resulting therefrom.

You agree that ITRecruit may take action to try to identify and reduce spam applications, and that one method of doing so may include imposing a cover letter requirement for such applicants. ITRecruit does not verify the identity of any Job Seekers who apply to your job listing, nor does ITRecruit know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that ITRecruit Posting Job Function is presented to you without warranty and ITRecruit assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility.

2.3 Job Match

ITRecruit may use Job Seekers’ application materials and the recency of their activity on ITRecruit to determine whether the words of their resume match the words of your Job Listing. ITRecruit may also use such information in order to improve the Site or any other ITRecruit product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).

2.4 Company Information

When you post a Job via ITRecruit using your company information, You understand that ITRecruit may display publicly available information about your company in accordance with applicable law. You authorize ITRecruit to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” and allows you to edit and add information about your company.

3. Terms of Service for All Users
3.1 User Content

Some parts of the site may allow users to post contents like job listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the site, or any materials that a user submits to ITRecruit, including where it is stated that such materials may be posted on the site or a third party website, are referred to herein as “user content”).

If you create an account, post a job or any material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “content”), you are entirely responsible for the content, and any liability resulting from the content, its use or distribution. That is the case regardless of whether the content in question constitutes text, graphics, audio files, or computer software. By making content available, you represent and warrant that:

  • The downloading, copying and use of the content will not infringe the proprietary or intellectual property rights, including the copyright, patent right, trademark or trade secret, of any third party;
  • If your employer or others has rights to intellectual property you create, you have either (i) received permission from such person to post or make available the content, including any software, or (ii) secured from your such person a waiver as to all rights in or to the content;
  • You have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
  • The content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content;
  • The content is not spam, is not machine- or randomly-generated with malicious intent towards the website, and does not contain unethical or unwanted commercial content designed to drive traffic to third party internet sites or boost the search engine rankings of third party sites, or commit or contribute to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The content is not defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • Your account or project is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
  • Your account or project is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s or project’s URL or name is not the name of a person other than yourself or company other than your own;
  • You have, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the content, whether requested to do so by ITRecruit or otherwise.

As a contributor you shall ensure that the license under which you distribute the content entitles ITRecruit to reproduce and publish the content as you submit it to ITRecruit, or otherwise indemnify ITRecruit against any claims or damages awarded due to claims of infringement. By submitting content to ITRecruit, you are responsible for ensuring that such creations do not violate the licensor’s or any third party's license right, property or intellectual property rights. Authors of derived work are responsible for ensuring that the derived content conforms to the original content's license(s), regardless of where the original content is hosted.

To the extent any content you contribute requires a patent license to be used, modified, sub-licensed or otherwise for the exercise of rights granted in the applicable license, such patent license shall hereby be deemed as granted by you to users downloading the content, to the extent you possess such patent rights or right to grant patent license.

When deleting content, ITRecruit will use reasonable efforts to remove it from the website, but you acknowledge that due to caching or references the content may not be made unavailable immediately or at all.

3.2 Intellectual Property

This agreement does not transfer from ITRecruit to you any ITRecruit or third party intellectual property rights. All rights, title and interest in and to such property will remain (as between the parties) solely with ITRecruit. ITRecruit, ITRecruit.ca, the ITRecruit logo, and all other trademarks, service marks, graphics and logos used in connection with ITRecruit, or the website are trademarks or registered trademarks of ITRecruit or ITRecruit's licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ITRecruit or third-party trademarks.

3.3 Change

We may modify this contract, our privacy policy and our cookies policy from time to time. If we make material changes to it, we will provide you notice through our services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

3.4 Termination

ITRecruit may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your ITRecruit account, you may simply discontinue using the website. Notwithstanding the foregoing, ITRecruit can terminate the website immediately as part of a general shut down of our service. All provisions of this agreement which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity and limitations of liability.

3.5 Disclaimers Of Warranties

ITRecruit and its affiliates make no representation or warranty about the services, including any representation that the services will be uninterrupted or error-free, and provide the services (including content and information) on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, ITRecruit and its affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.

3.6 Limitations Of Liability

To the fullest extent permitted by law (and unless ITRecruit has entered into a separate written agreement that overrides this contract), ITRecruit, including its affiliates, will not be liable in connection with this contract for lost profits or lost business opportunities, reputation (e.g., offensive or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, your information or content) or any indirect, incidental, consequential, special or punitive damages.

3.7 Miscellaneous

This agreement constitutes the entire agreement between ITRecruit and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ITRecruit, or by the posting by ITRecruit of a revised version. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of the website will be governed by the laws of Vietnam. Legal venue for any disputes arising out of or relating to the same shall be the District people's court. This agreement will be binding upon and will insure to the benefit of the parties, their successors and permitted assigns.

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