Effective Date: 23 July 2019
IMPORTANT – PLEASE READ CAREFULLY.
This page (together with the documents referred to on it) contains the terms and conditions of use of the mobile application software created and owned by JOBTIVITI SDN BHD (formerly known as Agensi Pekerjaan Set Sdn Bhd) (Company No. 1303559-A) (“Company” or “Jobtiviti”). Any reference to “Jobtiviti” also includes its affiliates, directors, employees, agents and representatives.
Included in these terms is your agreement to:-
● use the Jobtiviti Mobile App in accordance with the terms and conditions herein contained
● the User Content and Jobseeker’s Code of Conduct
● Warranty & Indemnification clauses
TERMS & CONDITIONS FOR JOBTIVITI MOBILE APP
1. SCOPE OF AGREEMENT
1.1 Your use of the Jobtiviti Mobile App is governed by these terms and conditions which you should read carefully before installing the Jobtiviti Mobile App. These terms and conditions represent a binding agreement between the Company and you (“Agreement”). If you do not agree with these terms and conditions, please do not install or use Jobtiviti Mobile App.
1.2 The Company may update or amend these terms and conditions at any time. The Company will communicate such changes to you via the Jobtiviti Mobile App and/or any other medium of communication including but not limited to email, messaging application(s) and other social media platforms and your continued use of the Jobtiviti Mobile App after the effective date of the updated terms and conditions (“Updated Agreement”) constitutes your agreement to the Updated Agreement. The Updated Agreement will be effective from the date of posting or such date as specified by the Company and will apply to your use of the Jobtiviti Mobile App from that date onwards.
2.1 Subject to these Terms, Jobtiviti will provide you with the opportunity to access the following services through the Jobtiviti Mobile App to:-
(i) engage and interact with other Jobseekers on the Jobtiviti Mobile App
(ii) post information including without limitation your social activities (“Job Activities”) and engaging in activities (e.g. in-app quizzes, questionnaires, surveys) made available on the Jobtiviti Mobile App for the purpose of assisting the Company in creating, building and populating a resume and a job-seeking profile for you (“Jobseeking Profile”)
(iii) earn points (“Jobtiviti Points”) to unlock rewards in order to gain access and usage of additional features on the Jobtiviti Mobile App for the purpose of building a more comprehensive Jobseeker Profile
(iv) view, search and/or apply for job opportunities posted by Employer, if and when applicable
(collectively the “Services”).
3.1 To use the Jobtiviti Mobile App, you must register for an account (“Jobseeker Account”). Registration and use of the Jobtiviti Mobile App is free. You can register via a valid email address, your Facebook account or Google account.
3.2 By creating a Jobseeker Account, you agree to provide accurate, truthful and complete information. You shall not impersonate another person, whether living or dead. If you provide false, inaccurate and/or misleading information, Jobtiviti has the absolute right to suspend or terminate your account.
3.3 You must inform us immediately of any changes to the information that you have provided when registering by updating your personal details to ensure that Jobtiviti or Employer can communicate with you effectively.
Password and Security
3.5 When you register for a Jobseeker Account using your email address, you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password and/or is misusing your account, you shall promptly change your password via your profile settings and thereafter, notify us by contacting us at firstname.lastname@example.org immediately.
3.6 If Jobtiviti has reason to believe that there is likely to be a breach of security or misuse of your Jobseeker Account, we may require you to change your password or we may suspend your Jobseeker Account.
3.7 As a result of the loss of your password or the misuse of your Jobseeker Account, all losses or damage incurred thereby shall be borne by you, and you shall fully indemnify Jobtiviti should Jobtiviti suffer any loss or damage.
4. LIMITED LICENCE & RESTRICTIONS
4.1 During the term of this Agreement, subject to your compliance with this Agreement, the Company hereby grants you a personal, limited, non-transferable, non-exclusive, non-sublicensable, revocable right to access and use the Jobtiviti Mobile App (including any related documentation, if any) only for your personal and non-commercial use for the purposes of seeking employment opportunities for yourself only. Kindly refer to our Mobile Application End-User Licence Agreement (“Mobile EULA”) available on the Jobtiviti Mobile App and the Jobtiviti website for the comprehensive terms and conditions pertaining to this Clause 4. In the event of any inconsistencies, the provisions of the Mobile EULA shall prevail.
4.2 The Company shall host and retain physical control over the Jobtiviti Mobile App and shall only make the Jobtiviti Mobile App available for access and use by you over the Internet through a Mobile Device. The Company shall not be obliged to deliver or make available any copies of computer programmes or code from the Jobtiviti Mobile App to you, whether in object code or source code form. “Mobile Device” refers to a smart phone, tablet or such other electronic device, which is running on either (i) Apple’s iOS version 8.0 and above; or (ii) Android OS v. 4.1.2 and above, which is capable of supporting the Jobtiviti Mobile App in accordance with the compatibility requirements specified by the Company from time to time.
4.3 The Company shall at its sole discretion be entitled to:-
(i) revoke your access to and use of the Jobtiviti Mobile App at any time;
(ii) do all things necessary for the purpose of monitoring or measuring your use of the Jobtiviti Mobile App, validate certain features or functionality of the Jobtiviti Mobile App and/or to provide services or support necessary to maintain the Jobtiviti Mobile App; and
(iii) modify or terminate the Jobtiviti Mobile App or your access to the Jobtiviti Mobile App, without prior written notice to you, at any time, and without any liability to you. In the event the Jobtiviti Mobile App is terminated, the Company will not be obliged to provide continued access to data collected during and/or throughout your use of the Jobtiviti Mobile App.
5. OWNERSHIP, PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY RIGHTS
5.1 The Jobtiviti Mobile App is proprietary to, and a valuable trade secret of, the Company. You agree that all applicable rights in all copyrights, trademarks, trade secrets, trade names, patents and other intellectual property rights in or associated with the Jobtiviti Mobile App and any derivative works thereof are and will remain in the Company and you shall have no such intellectual property rights, express or implied, in the Jobtiviti Mobile App. You agree that without the express written authorisation of the Company, shall not and will not permit any third party to:-
(a) demonstrate, rent, copy, sell, sub-license, assign, distribute or market or otherwise transfer the Jobtiviti Mobile App to any third party;
(b) reproduce, modify, reuse, disassemble, decompile, reverse engineer, decrypt, translate, create derivative works of, or otherwise attempt to derive the source code of or otherwise reduce to human perceivable form of the Jobtiviti Mobile App or any portion thereof.
5.2 You agree and acknowledge that this Agreement does not transfer any right, title or interest in the Jobtiviti Mobile App and/or any Intellectual Property Rights from the Company to you. The Company maintains all rights, title and interest in and to all its Intellectual Property Rights, particularly in relation to the Jobtiviti Mobile App. The limited rights granted to you to access and use the Jobtiviti Mobile App under this Agreement do not convey any additional rights in the Jobtiviti Mobile App, or in or to any Intellectual Property Rights associated therewith. Subject only to the limited rights to access and use the Jobtiviti Mobile App as provided herein, all rights, title and interest in and to the Jobtiviti Mobile App and all hardware, software and other components of or used to provide the Jobtiviti Mobile App including all related Intellectual Property Rights, will remain with and belong exclusively to the Company. “Intellectual Property Rights” means any proprietary rights relating to intangible property whether or not filed or registered in any country worldwide which include but not limited to patents, copyrights (including moral rights and author’s rights), know-how, trade secrets, industrial designs, trademarks, inventions, discoveries, improvements or developments made thereon.
6. TECHNICAL SUPPORT
6.1 During your usage of and access to the Jobtiviti Mobile App, the Company is under no obligation to provide you with any maintenance, technical or other support for the Jobtiviti Mobile App in any way or to provide any modification, error correction, bug fix, new release, or other update to or for the Jobtiviti Mobile App (“Update”) to you.
6.2 However, in the event the Company, in its sole discretion, supplies any Update to you, such Update shall be deemed part of the Jobtiviti Mobile App hereunder and shall be subject to the terms and conditions of this Agreement. If and when this happens, you will be notified of any new version/fixes/updates to the Jobtiviti Mobile App published in order to fix the errors, issues and/or bugs and/or which has been enhanced. For you to continue using the Jobtiviti Mobile App at its optimum performance, you would be required to install the new version/updates to the Jobtiviti Mobile App as notified by the Company.
6.3 We cannot guarantee that the Jobtiviti Mobile App will be fault-free, error-free or that the Company’s servers are free of trojans, viruses, malwares or other harmful mechanisms. If you come across a fault or technical issue with the Jobtiviti Mobile App, please let us know via email@example.com and we will attempt to correct the fault or technical issue as soon as we can.
6.4 Your access to the Jobtiviti Mobile App may be restricted to allow for repairs, maintenance or the introduction of new features, contents or services.
7. EMBEDDED THIRD PARTY COMPONENTS
7.1 If applicable, the Jobtiviti Mobile App may contain technology and data that is licensed by the Company from third parties and use of such third party technology and data is sub-licensed to you hereunder in connection with your use of the Jobtiviti Mobile App for their intended purpose.
7.2 You hereby expressly consent to the sharing of your information in the Jobtiviti Mobile App with these third parties.
7.3 You shall be solely responsible for the purchase, installation, and subsequent performance of any and all third-party software, equipment and any related services which may be required to use or access the Jobtiviti Mobile App.
8. LINKS TO THIRD PARTY CONTENT
8.1 You acknowledge that the Jobtiviti Mobile App may contain access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by Employers, advertisers, publishers, content partners, marketing agents, vendors or other third parties (“Third Party Content and Services”).
8.2 You acknowledge that Jobtiviti does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites). Furthermore, your access to and use of the Third Party Content and Services is at your sole discretion and risk, and Jobtiviti and its affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content and Services. Jobtiviti hereby disclaims any representation, warranty or guarantee regarding any Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guarantee regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
8.3 You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party providing such Third Party Content and Services are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Jobtiviti and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that you are not being granted a licence to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
8.4 You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Jobtiviti or its affiliates of such Third Party Content and Services. Jobtiviti reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Jobtiviti.com website, although Jobtiviti has no obligation to restrict or deny access even if requested by you.
8.5 You understand that by accessing and using the Third Party Content and Services, you may encounter information, materials and subject matter (i) that you or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use the Third Party Content and Services at your sole risk and that Jobtiviti and its affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.
8.6 You agree that the Third Party Content and Services may contain proprietary information and material that is owned by Jobtiviti and its affiliates, partners, suppliers or licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and you shall not exploit the Third Party Content and Services in any unauthorised way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that you will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Jobtiviti is not in any way responsible for any such use by you.
9. TERM OF AGREEMENT
9.1 This Agreement shall commence on the Effective Date and shall be valid for the duration of your use of the Jobtiviti Mobile App and the Services unless otherwise terminated in accordance with Clause 10 of this Agreement.
10. TERMINATION AND EXPIRATION
10.1 Either party may terminate this Agreement at any time for any or no reason whatsoever.
10.2 Jobtiviti may review and remove any User Content that violates the terms and conditions of this Agreement, any applicable laws, rules or regulations, and in the Company’s sole and absolute judgment and discretion, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of any individual, group, entity or organisation. Jobtiviti reserves the right to suspend and/or terminate the Jobseeker Account in which the offending User Content is related to and prevent any further access by the owner of the Jobseeker Account to the Jobtiviti Mobile App and/or use of the Services. Jobtiviti may take any action with respect to User Content that it deems necessary or appropriate if the company believes that such User Content could expose the Company to civil and/or criminal liabilities, damage the Company’s reputation, or cause damage or loss to the Company.
10.3 Jobtiviti reserves the right, at its sole and absolute discretion, to pursue any or all the legal remedies available to it upon any breach by you of the terms and conditions herein contained. This includes, without limitation, removal of your User Content from the Jobtiviti Mobile App, and/or suspension and/or removal of your Jobseeker Account and/or any other services provided to you by Jobtiviti.
10.4 Upon termination or expiration of this Agreement:-
(a) your licence hereunder will automatically expire;
(b) you must cease all use of the Jobtiviti Mobile App and uninstall, delete or destroy all copies of the Jobtiviti Mobile App; and
(c) if your Jobseeker Account was terminated by Jobtiviti, you must not register or attempt to register another Jobseeker Account in order to gain access to or usage of the Services via the Jobtiviti Mobile App.
10.5 Nothing herein obligates either party to enter into any further agreement with the other party.
10.6 Clauses 3, 6, 8, 9, 12, 14, 15 shall survive the expiration or termination of this Agreement.
11.2 In order to make the hosted version of the Jobtiviti Mobile App available to you, we need your permission to store and transmit any data including all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by you on or through the Jobtiviti Mobile App (“User Content”). In relation to all User Content, you agree and acknowledge as follows:-
(a) that all User Content is the sole responsibility of the person from which such User Content originated;
(b) that you will see other User Content posted by other users of the Jobtiviti Mobile App by default. In the case of abusive or inappropriate User Content, you may report it to firstname.lastname@example.org. The Company will act on the reported User Content as soon as it is reasonably possible to. Any decision to remove or block any User Content or users are at the sole discretion of the Company;
(c) that your User Content will be viewed by every user of the Jobtiviti Mobile App by default unless you choose otherwise. You may limit the visibility on your User Content via your profile settings;
(d) that your User Content can be viewed by Employer;
(e) that all information provided by you, your profile on the Jobtiviti Mobile App which may include your personal details, resume and photos (“Jobtiviti Profile”), and/or account information shall be stored in Jobtiviti’s databases;
(g) that by submitting, posting or displaying User Content on or through the Jobtiviti Mobile App, you hereby grant the Company a worldwide, irrevocable, perpetual, royalty-free right and licence to use, copy, transmit, modify, reproduce, store, adapt, distribute and cache, and publish such User Content on and through the Jobtiviti Mobile App for the Company’s further product development, marketing and/or for its internal business purposes;
(h) that you will not post any notice of job openings or vacancies and/or solicit other Jobseekers for purposes of offering employment through the Jobtiviti Mobile App in any manner whatsoever;
(i) that you will not upload or provide User Content or otherwise post, transmit, distribute, or disseminate through the Jobtiviti Mobile App, any material that violates this Agreement, violates applicable laws, rules or regulations, is abusive, disruptive, offensive, defamatory, harassing, vulgar, obscene, hateful, racist, discriminatory illegal or otherwise objectionable;
(j) that you will not transmit any User Content that encourages conduct that constitutes a criminal offence or otherwise breaches any laws, rules, regulations, guidelines and/or code of conduct;
(k) that you will not post any User Content or material that facilitates, promotes, endorses or provides instructional information pertaining to terrorism and/or illegal activities of any nature;
(l) that you will not post any User Content or material that facilitates, promotes, incite, advocate or endorses hatred or harassment of any individual, group, entity, company and/or organisation;
(m) that you will not post any User Content or material that facilitates, promotes or endorses any political views;
(n) that although the Company has no obligation to monitor any User Content, the Company has the absolute discretion to remove User Content at any time and for any reason without notice;
(o) that the Company takes no responsibility and assumes no liability for any User Content, including any loss of or damage to any of your User Content. You are solely responsible for securing and backing up your User Content; and
(p) that the Company may track your usage of the Jobtiviti Mobile App, including but not limited to taking screenshots of your use and that such information also constitutes User Content.
12. JOBSEEKER’S CODE OF CONDUCT
12.1 You hereby agree that you are solely responsible for all activities you undertake on the Jobtiviti Mobile App and you further agree to ensure that you do not and will not use or attempt to use any portion of the Jobtiviti Mobile App, including our designated communication channels:-
(a) to upload, post, transmit, or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(b) to upload, post, transmit, or otherwise make available any information, software, tools, or other materials that contains any:-
(i) virus, Trojan horse, worm, backdoor, shutdown mechanism, malicious code, sniffer, bot, drop dead mechanism, or spyware; or
(ii) any other software, tools, information, or other materials that is likely to or is intended to:-
• have an adverse impact on the performance, proper working or appearance of the Jobtiviti Mobile App;
• disable, corrupt, or cause damage to the Jobtiviti Mobile App; or
• cause or facilitate unauthorised access or deny authorised access to the Jobtiviti Mobile App, or cause the Jobtiviti Mobile App to be used for any unauthorised or inappropriate purposes, any software, hardware, services, systems, or data (“Malware”), and if you become aware of the existence of any Malware in or relating to the Jobtiviti Mobile App, you will promptly notify the Company;
(c) to collect or store personal data about other users without the express written permission of those users;
(d) to violate any code of conduct or other guidelines which may be applicable to the Jobtiviti Mobile App;
(e) to obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Jobtiviti Mobile App or any programme(s) used to run the Jobtiviti Mobile App;
(f) to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information which may violate any restrictions and/or prohibition set out in this Agreement;
(g) to use the Services for any unlawful purpose or illegal activity, or post or submit any User Content or material that, at the Company’s judgment and discretion, is defamatory, implicitly or explicitly offensive, vulgar, obscene, pornographic, sexually explicit, threatening, harassing, abusive, hateful, discriminatory, menacing, or could likely cause annoyance, inconvenience, embarrassment or anxiety to any individual, group, entity or organisation;
(h) to access or collect data from the Jobtiviti Mobile App using automated means (without the Company’s express prior permission) or attempt to access data that you do not have permission to access including access to other accounts, computer systems or networks connected to or used in the operation of the Jobtiviti Mobile App, through hacking, password mining or any other means;
(i) to upload, post, transmit, communicate or otherwise make available any material that:-
(i) you do not have a right to make available, including under any law or under contract or in violation of any duty (such as software protected by intellectual property laws, inside information, password information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
(ii) would or may infringe on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(j) to advertise or offer to sell or buy any goods or services for any business purpose, unless the Company or the Jobtiviti Mobile App specifically allows such messages;
(k) to copy any content whatsoever from the Jobtiviti Mobile App and/or made available through the Jobtiviti Beta App, for distribution through any means for commercial purposes;
(l) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or create a false identity to mislead others; or
(m) to do or share anything that:-
(i) breaches the terms that apply to your use of the Jobtiviti Mobile App;
(ii) is unlawful, misleading, discriminatory or fraudulent; and/or
(iii) infringes or breaches someone else’s rights.
Job Seeking Etiquette
12.2 If you have registered your interest in a job vacancy, Jobtiviti will inform you via email if you are shortlisted for the job. If you have been successfully shortlisted, you will be sent a set of pre-screening questions. You are required to respond to the pre-screening questions by uploading a video with your response within the prescribed time. Subject to a further shortlisting process by Employer, you may be selected for an interview with Employer.
12.3 If you have been successfully shortlisted and are notified of Employer’s interest to connect with you, you shall confirm your interest to connect with Employer within the prescribed time. Your confirmation serves as your tacit agreement and consent to the disclosure and release of your personal information to Employer for purposes of establishing direct contact and communication with you.
12.4 Upon your confirmation in Clause 12.3 above, Employer will get in touch with you via telephone, email and/or other forms of communication as Employer deems fit. You shall ensure that your contact information is up to date and you are contactable at all times. Reasonable efforts will be made to get in touch with you. If for any reason whatsoever (i) you are uncontactable, (ii) you fail to respond to Employer and/or (iii) you fail to attend a scheduled interview with Employer, Jobtiviti may at its absolute discretion suspend or remove your Jobseeker Account whereupon the relevant provisions in Clause 10 herein shall apply.
12.5 You hereby agree and acknowledge that you shall not register your interest in a job vacancy if, at the material time, you do not have the intention to seek employment or are not in a position to accept an offer for employment. Any frivolous application will constitute a breach of the terms herein and will be sufficient grounds for suspension or removal of your Jobseeker Account whereupon the relevant provisions in Clause 10 herein shall apply.
12.6 In furtherance to Clauses 3.3 and 3.4 above, you hereby agree and acknowledge that all information provided to Jobtiviti or Employer at the time of application for a job vacancy or at any time after contact is established with Employer are true, complete, current and accurate including without limitation to your contact information and job seeking status.
12.7 It is of utmost importance that you adhere to the prescribed time/deadline in all your response(s) to Jobtiviti and/or Employer during the shortlisting process. If you fail to act within the prescribed time, you will be deemed to have abandoned the job application and withdrawn from the shortlisting process. Jobtiviti shall in no event or under any circumstances be liable to compensate you in any manner whatsoever for missed opportunities.
13. NO GUARANTEES OF EMPLOYMENT AND NO REPRESENTATIONS
13.1 Jobtiviti does not make any representations or warranties as to the representations made by any Employer regarding any information provided including but not limited to job vacancies, job descriptions, salaries, information pertaining to the Employer or career prospects. Therefore, you are solely responsible for checking the identity of the Employer, conduct your own background check, or any other means of due diligence, required before your interaction and/or engagement with the Employer.
13.2 Additionally, Jobtiviti does not guarantee that you will find a job through the Services.
13.3 Employers are solely responsible for their job postings on the Jobtiviti Mobile App. Jobtiviti shall not have any liability or obligations under or related to hiring decisions, employment agreements or other agreements, or acts or omissions of any Employer.
13.4 Jobtiviti will not be liable in any way for the conduct of any Employer, or for any loss or damage which you may suffer arising from your interaction and/or engagement with any Employer or any Employer’s action or inaction.
14. DISCLAIMER AND NO WARRANTY
14.1 You hereby acknowledge and understand that the Jobtiviti Mobile App is provided on an “AS IS” basis without warranty of any kind, whether express or implied, including, but not limited to, any warranty of merchantability, accuracy, completeness, performance, non-infringement of third party rights or fitness for a particular purpose.
14.2 You agree and acknowledge as follows:-
(a) by its nature, the Jobtiviti Mobile App may contain errors, bugs and other problems and may not operate properly or correctly, be in final form or fully functional and may be substantially modified or withdrawn;
(b) the Company makes no representations or warranties, express or implied, regarding the Jobtiviti Mobile App, including any representation that the services made available through the Jobtiviti Mobile App will be uninterrupted or error-free; and
(c) no oral or written advice or consultation given by Company, its agents or employees will in any way give rise to a warranty and the entire risk arising out of the use or performance of the Jobtiviti Mobile App remains with you.
14.3 Notwithstanding anything to the contrary contained herein or elsewhere, in no event shall the Company be liable for any damage whatsoever or howsoever arising out of your use of or inability to use the Jobtiviti Mobile App even if the Company has been advised of the possibility of such damages. You understand and accept that any risk or damages arising out of the use or performance of the Jobtiviti Mobile App will be your responsibility.
15.1 You agree to indemnify and hold the Company, its officers, directors, employees affiliates, consultants or agents harmless from and against any claims, actions or demands, losses, damages, fees (including on a solicitor-client basis), charges and expenses that may be incurred and/or sustained by the Company arising out of or in relation to your access, use or misuse of the Jobtiviti Mobile App, or any act or omission by you in breach of any terms and conditions set out in this Agreement.
15.2 In the event Jobtiviti is implicated in any proceedings arising from Clause 15.1 above, the Company will provide notice to you promptly of any such claim, suit or proceeding.
15.3 You acknowledge and agree that the Jobtiviti Mobile App and/or any content therein may be modified by Jobtiviti and that modifications may cause a loss of data or content or loss of function or utility in or on the Jobtiviti Mobile App. You further agree and acknowledge that Jobtiviti may make all such modifications and that, to the extent permitted by applicable law, Jobtiviti is not liable for any loss of data, content, function or utility. You hereby WAIVE protections afforded by statute or law, and agree that Jobtiviti shall not be liable for nor has control over your actions and your Jobseeker Account. To the extent permitted under applicable laws, the you hereby release Jobtiviti from any and all claims or liability related to the Services available under the Jobtiviti Mobile App.
16. OTHER IMPORTANT TERMS
16.1 We make no promise that contents on the Jobtiviti Mobile App are appropriate or available for use in your location, and accessing the Jobtiviti Mobile App from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Jobtiviti Mobile App from your location, you do so on your own initiative and are responsible for compliance with local laws.
16.2 You shall not assign or purport to assign any of your rights under this Agreement; any attempted assignment shall be null and void and shall result in the termination of this Agreement.
16.3 The Company shall not be held responsible for any breach of this Agreement caused by reason or circumstances beyond its reasonable control.
16.4 This Agreement, its subject matter and its formation, are governed by the laws of Malaysia. The parties hereby agree that any dispute arising out of or in relation to this Agreement shall be referred to the courts of Malaysia.
16.5 Each party must comply with all laws, rules or regulations applicable to such party’s activities in relation to this Agreement.
16.6 This Agreement constitutes the entire and only agreement between you and the Company for the Jobtiviti Mobile App and all other prior negotiations, representations, agreements and understandings, written or oral, are hereby superseded. No agreements altering or supplementing the terms hereof may be made except by means of mutual written agreement.
16.7 Failure, delay or omission of the Company to enforce a right, power, privilege or remedy under this Agreement shall not act as a waiver of prior or subsequent rights. If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.8 This Agreement does not create a partnership, employment relationship, agency relationship or joint venture between the parties for any purpose.
16.9 If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
16.10 All notices required to be given by the Company to you shall be in writing and shall be deemed to have been served on you as follows:-
(a) in the case of registered post to your address registered with the Company, 5 days after delivery to the postal authorities; or
(b) if by electronic mail to your email address registered with the Company, 24 hours from transmission.
16.11 This Agreement shall be binding upon the parties and their respective successors and permitted assigns.
17. CONTACT AND FURTHER INFORMATION
22-09 Menara 1MK
1 Jalan Kiara
50480 Mont Kiara
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