Terms and Conditions
CAREERA PTE. LTD. (UEN 202139411R) (“Careera”, “we”, “us” or “our” as the context may require) provides online recruitment services via an online platform matching individual job seekers with potential employers based on skill sets and other metrics gathered from tests and questionnaires (“Services”) via its website at www.careera.io (the “Website”) and its web and mobile applications (the “Apps”). The Website and the Apps shall be collectively referred to as the “Careera Platforms”.
At the moment, the Services and the Careera Platforms are intended for download, access and use by users from Singapore. If you are accessing the Services and/or the Careera Platform from a country or jurisdiction outside Singapore, you may not be able to use the Services.
You acknowledge and agree that, by accessing and/or using any part of the Careera Platforms and/or the Services, you are indicating that you have read, understand and irrevocably agree to be bound by the terms and conditions set out below (these “Terms”), and these Terms shall be valid, legally binding and enforceable against you with effect from the earlier of your access or use of any part of the Careera Platforms and/or the Services. If you accept or agree to the Agreement on behalf of a company, organisation or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to the Agreement and, in such event, “you” and “your” will refer and apply to such Legal Entity. If you do not agree to these Terms, then you shall have no right to access or use the Careera Platforms and the Services and you must immediately discontinue your access or use of the Careera Platforms and the Services.
Careera reserves the right to update, modify, add, vary or amend all or part of these Terms unilaterally at its discretion at any time from time to time without prior notice to you, and Careera will post the modified version on the Careera Platforms or otherwise provide you with notice of such modifications. Your continued access and use of the Careera Platforms and any of the Services after such changes are posted on the Careera Platforms shall constitute your acceptance of the modified Agreement without any further action being required on your part. You further acknowledge and agree that it is your responsibility to monitor the Careera Platforms for the posting of any modifications and to review updates on a regular basis. If you do not agree to be bound by any future modifications of these Terms, your sole and exclusive remedy is to cancel your account and discontinue your access and use of the Careera Platforms and the Services.
1. GENERAL TERMS RELATING TO ACCOUNTS AND USE OF THE SERVICES AND/OR CAREERA PLATFORMS At the moment, the Services and the Careera Platforms are intended for download, access and use by users from Singapore. If you are accessing the Services and/or the Careera Platform from a country or jurisdiction outside Singapore, you may not be able to use the Services.
You acknowledge and agree that, by accessing and/or using any part of the Careera Platforms and/or the Services, you are indicating that you have read, understand and irrevocably agree to be bound by the terms and conditions set out below (these “Terms”), and these Terms shall be valid, legally binding and enforceable against you with effect from the earlier of your access or use of any part of the Careera Platforms and/or the Services. If you accept or agree to the Agreement on behalf of a company, organisation or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to the Agreement and, in such event, “you” and “your” will refer and apply to such Legal Entity. If you do not agree to these Terms, then you shall have no right to access or use the Careera Platforms and the Services and you must immediately discontinue your access or use of the Careera Platforms and the Services.
Careera reserves the right to update, modify, add, vary or amend all or part of these Terms unilaterally at its discretion at any time from time to time without prior notice to you, and Careera will post the modified version on the Careera Platforms or otherwise provide you with notice of such modifications. Your continued access and use of the Careera Platforms and any of the Services after such changes are posted on the Careera Platforms shall constitute your acceptance of the modified Agreement without any further action being required on your part. You further acknowledge and agree that it is your responsibility to monitor the Careera Platforms for the posting of any modifications and to review updates on a regular basis. If you do not agree to be bound by any future modifications of these Terms, your sole and exclusive remedy is to cancel your account and discontinue your access and use of the Careera Platforms and the Services.
1.1 License to Use and Access Careera Platforms.
1.1.1 We grant you a limited, revocable, non-exclusive, non-transferable and non-sub licensable license to use the Careera Platforms subject to your compliance with these Terms. Such license will remain in effect until your account with us is terminated or until such other time which we may communicate to you.
1.2 Lawful Use. You must only use the Services and the Careera Platforms for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Services and the Careera Platforms.
1.3 Access to Careera Platforms and/or Services. Careera reserves all rights to deny or restrict access to the Careera Platforms and/or Services to any person, or to block access from any internet source or address to the Careera Platforms and/or Services at any time in its sole discretion, and without providing any notice or reason.
1.4 Modification and Discontinuation of Services. Careera reserves the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently all or any part of the Careera Platforms and/or the Services, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Careera Platforms and/or the Services.
1.5 Intellectual Property Rights. You expressly acknowledge and agree that your access to and use of the Services and the Careera Platforms is subject to the intellectual property provisions set out in Clause 7 below.
1.6 Your Account.
1.6.1 By registering an account with Careera, you acknowledge and agree that you are representing to us that you are providing, and you will maintain, accurate, current and complete information for your account, including (as applicable) your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness. You agree that we may take steps to verify the accuracy of information you provide.
1.6.2 Careera retains the right, in appropriate circumstances and in its sole and absolute discretion, to suspend or terminate (with or without notice) the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for offensive, abusive, or illegal conduct. Careera is not required nor obliged to disclose its reasons for suspension, termination or any other action taken. If your account is suspended or terminated, you are not entitled to any payment from Careera.
1.6.3 You acknowledge and agree that Careera may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Careera, the other users of the Website and Services, and the public. However, under no other circumstances will Careera intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy.
1.6.4 You may terminate your account at any time and for any reason by using the relevant function in the applicable Careera Platform or by contacting us at hello@careera.io but any such termination will be effective only after Careera has processed the request. Kindly note that deleting the Careera application from your device alone will not terminate your account and you will need to follow the aforementioned steps to terminate your account. You will not be able to use the Services without an account.
1.7 No Circumvention. You will be given the option to communicate with the jobseeker/potential employer (as the case may be) with whom you have matched with via the Services and all communications relating to potential employment shall be conducted solely via the chat function available in the Careera Platforms. At any time prior to formal employment, you may not provide your contact details to the other party for communication outside of the Careera Platforms or otherwise take any action which may result in Careera being deprived of any Commission (as defined below).
1.8 User Content and Information.
1.8.1 While using the Careera Platforms, you may be required or permitted to upload certain content and information, including but not limited to personal information such as a profile photo and employment history (in the case of jobseekers) and organisational information (in the case of potential employers).
1.8.2 The content which you upload and publish should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). You understand and agree that we may monitor or review your uploaded and published content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of your content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review your content.
1.8.3 All rights to the content that you provide while using the Careera Platforms (including, without limitation, any documents, photographs, and portfolios) belong to you. You shall permit, in a non-exclusive manner, Careera and our affiliates and business partners to use (this includes duplication, screening, public transmission, exhibition, distribution, transferring, loaning, translation, adaptation, and publication), at no charge and without restriction as to the geographical location, frequency or period of such use, any content uploaded for the purposes of providing the Services to you.
1.8.4 You are solely responsible and liable for the content and information that you provide to us and you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with the content you provide. You represent and warrant that the information you provide to us any potential employer and/or any jobseeker (as the case may be) is accurate, and that you will update your account information and/or organisation information (as the case may be) as necessary to ensure its accuracy.
2. SPECIFIC TERMS APPLICABLE TO POTENTIAL EMPLOYERS LOOKING TO HIRE
2.1 Account Security. Each end-user nominated and authorised by you (including but not limited to your directors, officers, employees, representatives, consultants and agents) is required to create an account with Careera to use the Services (each, an \"Authorised User\"). You are responsible for the activities of all your Authorised Users who access or use the Services and you agree to ensure that any such Authorised User will comply with these Terms and any other Careera policies. Careera assumes no responsibility or liability for violations. If you become aware of any breach of these Terms or Careera policies in connection with use of the Services by any person, please contact us. Careera reserves the right to, with or without notice, in appropriate circumstances and in our sole and absolute discretion, conduct investigations and suspend or terminate all accounts associated with you or the accounts of specific Authorised Users if there is any actual or suspected breach of the Agreement, of copyright infringement, or offensive, abusive or illegal conduct. If any account associated with you is terminated for cause, you are not entitled to any refund for any amounts paid to Careera for any Services.
2.2 Subscriptions and Payment.
2.2.1 Careera offers various paid subscription plans for potential employers (“Subscription Plans”). The prices, features, and options of the Services depend on the Subscription Plan selected as well as any changes instigated by you. Careera may charge a commission for each successful job placement completed via the Services (“Commission”). The prevailing subscription fees (\"Subscription Fees\") and Commission applicable to each respective Subscription Plan are available on the Careera Platforms.
2.2.2 Careera does not represent or warrant that a particular Subscription Plan will be offered indefinitely and, to the fullest extent permitted under applicable laws and regulations, reserves the right to change or modify the terms of any Subscription Plan (including but not limited to Subscription Fees, subscription period, features and options). In such event, we will take commercially reasonable efforts to provide you with reasonable notice of such change. Changes to the pricing terms will not apply retroactively and will only apply for subscription renewals after such changed pricing terms have taken effect. If you do not agree with the changes to our pricing terms then your only recourse is to cancel your Subscription Plan.
2.2.3 By subscribing to a Subscription Plan, you acknowledge and agree that your subscription will automatically renew regularly, and unless and until you or Careera cancels your subscription, you authorise us to charge your Payment Card for the then-applicable Subscription Fees in respect of your continued subscription to your selected Subscription Plan. You must cancel your Subscription Plan before it renews to avoid the billing of the Subscription Fees for the next subscription period. The Subscription Fees are charged upfront and will typically occur on or around the same day of the month/year (as applicable) as your initial purchase, although some charges may be delayed for business or legal reasons. If Careera is for any reason unable to effect automatic payment via your Payment Card, we will attempt to notify you via email and your subscription (and any corresponding access to the Subscription Plan) shall be suspended until payment is received.
2.2.4 You will be required to provide your credit card, debit card or other payment card (\"Payment Card\") details and other relevant information such as Payment Card expiry date and billing address (“Payment Information”) in order to use the Services. By providing any Payment Card details to us, you represent and warrant that such Payment Information is correct and belongs to you or you otherwise have the authority to use such Payment Card, and you have the legal right to use all payment method(s) represented by any such Payment Information. You further acknowledge and agree that we may use, store and disclose your Payment Card details in accordance with our Privacy Policy. You are responsible for notifying us of any changes to your Payment Card details and to update your information if your Payment Card has expired. We may suspend, terminate and/or otherwise interrupt your access to the Services or any portion thereof if you fail to so notify us. By initiating a transaction with us, you authorise us to provide your Payment Information to third party service providers so we can complete your transaction and you agree (a) to pay the applicable fees and any taxes; (b) that we may charge your Payment Card or third-party payment processing account, including, but not limited to, your account with an app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the Careera Platforms are made available (each, an “App Provider”), for verification, pre-authorisation and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.
2.2.5 You are required to notify us of any billing problems or discrepancies within thirty (30) days after they first appear on your Payment Card statement by sending a written notice to hello@careera.io. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.
2.3 Job Listings. You and/or your Authorised Users must create any job listings in accordance with Careera’s posting policy and content guidelines as well as Content Quality Guideline. The Company may modify posting policy or content guidelines as needed in accordance with any amendments to laws or regulations, consultations with the relevant authorities, or other matters. In using the Services, you are required to continually familiarise yourself with and adhere to the latest versions.
2.4 Diagnostic Assessment Results. The Diagnostic Assessments provided on the Careera Platforms are based on the responses provided by the jobseekers participating in such Diagnostic Assessments and assumes that such persons provide honest responses; if that is not the case, then any output may be flawed. We assume no liability or responsibility for the output of the Diagnostic Assessments or how you may use it, or for any consequences of any decisions made or actions taken in reliance on or based on it, which remain your sole responsibility.
2.5 Confidentiality. You and your Authorised Users shall maintain the confidentiality of, and not use in an unauthorised manner, all information that is disclosed to you and/or your Authorised Users in connection with the use of the Careera Platforms, including but not limited to any personal information of jobseekers, unless the party to whom the information relates has given you their consent. Notwithstanding any other provisions of these Terms, the obligations of confidentiality under this Clause 2.5 shall survive the termination or expiration of these Terms for a period of two (2) years thereafter.
3. SPECIFIC TERMS APPLICABLE TO JOBSEEKERS
3.1 Account Security. You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorised use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services. You agree not to use the account, username or password of any other account holder at any time. Careera will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge and/or your failure to comply with this clause.
3.2 Jobseeker Assessments
3.2.1 While using the Careera Platforms, you will be asked to take various diagnostic assessments and tests, including but not limited to personality and cognitive tests (“Diagnostic Assessments”), which are developed and administered by Careera. The results of each Diagnostic Assessment will be automatically analysed and you will receive your test results electronically.
3.2.2 We strongly encourage you to provide honest responses in the Diagnostic Assessments as your responses influence the results. We assume no liability or responsibility for the output of the Diagnostic Assessments or how you may use it, or for any consequences of any decisions made or actions taken in reliance on or based on it, which remain your sole responsibility.
3.2.3 By taking the Diagnostic Assessments, you acknowledge and agree that your responses will be collected, processed and evaluated by us and disclosed to potential employers for recruitment purposes. We may also collect and use your Diagnostic Assessment results on the Careera Platforms to generate anonymised and aggregated statistical and analytical data for internal research and product development purposes and to conduct statistical analysis in accordance with our Privacy Policy (see Section 8 below).
4. FEEDBACK, ENQUIRIES AND DISPUTES
4.1 Feedback, Enquiries and Disputes. We are committed to providing you with a pleasant user experience. If you have any feedback, queries or issues relating to the Services or Careera Platforms, please contact us at hello@careera.io, and we endeavour to be in touch with you within ten (10) days.
4.2 Right to Use Feedback. Any questions, comments, suggestions, feedback and/or information which is sent to us will be deemed to have been provided voluntarily on a non-confidential and non-proprietary basis. By submitting suggestions or feedback to Careera regarding our Services, you agree that we may use, disclose and share such feedback for any purpose without compensating you.
5. COMPLIANCE WITH ADDITIONAL TERMS, RULES, POLICIES AND LAWS
5.1 Additional Policies. The use of certain features of the Services may be subject to additional terms, rules, policies or codes of conduct as determined by Careera from time to time, and you will be required to comply with the same in using them. All such additional terms, rules, policies or codes of conduct are hereby incorporated by reference into these Terms.
5.2 Consequences of Non-Compliance. If you fail to comply with any provisions of these Terms, Careera reserves the right, without prejudice to any of its other rights, to suspend or terminate your account and/or the provision of any Service to you without liability to you.
6. CONFIDENTIALITY
6.1 Careera’s Confidentiality Obligations. Careera shall at all times keep confidential and not disclose to any third-party confidential information except as permitted by this Clause 6 and for the purposes of performing our obligations under these Terms, and agrees to protect the confidential information with security measures and a degree of care that would apply to its own confidential information.
6.2 Permitted Disclosures. Notwithstanding Clause 6.1 above, Careera may disclose confidential information:
(a) to its subsidiaries, affiliates and related companies;
(b) to third-party payment providers to the extent necessary for Careera to perform its obligations under these Terms;
(c) to its officers, directors, employees, auditors, advisors, subcontractors and other persons providing services to it where (provided that such person is under a duty of confidentiality in relation to the confidential information, professional, contractual or otherwise) to the extent necessary for Careera to perform its obligations under these Terms;
(d) where requested or required by law, regulation and/or any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory, regulatory or equivalent body; and
(e) to any other person where necessary for the performance of its obligations under these Terms with your consent.
6.3 Survival. Notwithstanding any other provisions of these Terms, the obligations of confidentiality under this Clause 6 shall survive the termination or expiration of these Terms for a period of two (2) years thereafter.
7. INTELLECTUAL PROPERTY RIGHTS; PROHIBITED USE
7.1 Intellectual Property Rights. The Careera Platforms, Services and all materials, including but not limited to photographs, illustrations, videos, data, text, images, designs, logos, maps, plans, algorithms, literary, artistic, musical works, computer programs, frameworks, software, libraries, engines, scripts, functions, algorithms, electronic agents, encryption, plugins, APIs and/or all other forms of computer or object code and all representations, information and all works in any media or format whether relating to activities, programmes, products and/or services offered by Careera (the “Content”) are proprietary to and are protected by copyright, trademark and other forms of intellectual property rights (“Intellectual Property Rights”) owned by, licenced to or controlled by Careera. Careera retains all rights, title and interest in all Intellectual Property Rights in the Content and all concepts, systems, whether written or graphic and all other materials produced by or on behalf of Careera, including those on the Careera Platforms. “Careera”, “Careera.io” and the Careera logo are trademarks, logos or service marks of Careera and no permission or licence is granted to use any such trademarks, logos or service marks without the our prior written consent.
7.2 Restrictions and Prohibited Uses. You are strictly prohibited from, and expressly agree that you will not and will not permit any person to: (i) use, upload, download, record, alter, copy, reproduce, re-publish, transmit, communicate, distribute, disseminate, decompile, disassemble, modify, adapt, reverse engineer, create derivative works of, or exploit in any way, the Careera Platforms and/or any Content or any part thereof; (ii) do anything that will or might (whether directly or indirectly) affect, compromise, prejudice or conflict with Careera’s intellectual property rights in any manner or could damage the reputation of Careera or the goodwill or other rights associated with the Careera Platforms and/or the Services; (iii) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with the Careera Platforms and/or any Content; (iv) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the Careera Platforms and/or any Content; (v) access or use the Careera Platforms and/or any Content in an unauthorised, unlawful, illegal, fraudulent or harmful manner or in connection with any unauthorised, unlawful, illegal, fraudulent or harmful purpose or activity; (vi) access or use the Careera Platforms and/or any Content in any way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Content or in any way that causes, or may cause, damage to the Careera Platforms and/or any Content or impairment of the availability or accessibility of the Careera Platforms and/or any Content; (vii) access or use the Careera Platforms in a manner that suggests an association with our Content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (viii) introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Careera Platforms or connected network; (ix) access, monitor, or copy any element of the Careera Platforms and/or any Content using a robot, spider, scraper or other automated means or manual process without our express written permission; or (x) sell, resell, or make commercial use of the Careera Platforms and/or any Content, unless you have an executed agreement with us that expressly allows for such activity.
8. PERSONAL DATA; STATISTICAL DATA
8.1 Personal Data. You hereby acknowledge and agree that personal data relating to you (including without limitation any personal data which you provide to us when registering your account with us and creating your profile, any Payment Card details, your responses in the Diagnostic Assessments) may to the extent that it is reasonably necessary in connection with the Services be collected, stored, processed and used and disclosed by Careera in accordance with our privacy policy (“Privacy Policy”). In particular, your information may be shared with potential employers to aid the recruitment process.
8.2 Statistical Data. We may also collect and use your activity on the Careera Platforms, Diagnostic Assessment results and other information supplied by you to generate anonymised and aggregated statistical and analytical data for internal research and product development purposes and to conduct statistical analysis (“Statistical Data”). All such Statistical Data shall be and remain the property of Careera.
8.3 Privacy Policy. You can access our Privacy Policy here and you hereby represent that you have read, understood and agreed to our Privacy Policy, which may be amended from time to time.
9. DISCLAIMERS
9.1 Disclaimer of Warranties. The Careera Platforms and the Services are provided on an “as is” and “as available” basis and Careera expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to (a) warranties that the functions provided on the Services and the Careera Platforms will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected; (b) warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the Services, Content, the Careera Platforms and any third party websites with which they are linked; or (c) third party claims, whether directly or indirectly caused by, or relating to, the Services, Content and/or the Careera Platforms. Some states / jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to User in its entirety. To the extent applicable law requires Careera to provide warranties, you agree that the scope and duration of such warranty shall be to the minimum extent permitted under such applicable law.
9.2 Third-Party Products and Services. In no event does Careera provide any warranty or representations with respect to any third-party software, hardware, products and/or services with which the Services are designed to be used, and Careera disclaims all liability with respect to any failures thereof. Use of the Services and/or the Careera Platforms may adversely affect the operation of other software and devices. Software is inherently subject to bugs and potential incompatibility with other software and hardware. You should not use the Services and/or the Careera Platforms for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property.
9.3 Information on the Careera Platforms. While we use all reasonable efforts to include accurate and up-to-date information on the Careera Platforms, Careera does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, of the Content including in particular the use of any representations and images. Careera assumes no liability or responsibility for any errors, omissions or completeness of the information provided in the content of the Careera Platforms. Information provided is subject to change at any time without prior notice.
9.4 Downloading at Your Own Risk. Any material which you download or otherwise obtain through the use of the Careera Platforms (such actions being strictly prohibited), is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data or other liability that may result from the download of any such material. Neither Careera nor any of our affiliates shall be liable or responsible for any computer virus, malware, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to your computer system or any other losses or damage resulting directly or indirectly from access to or use of the Services and/or the Careera Platforms, or any uploading, downloading of any Content or information (all of which are not authorised) from the Careera Platforms.
9.5 External Links. The Careera Platforms may contain links to other websites and pages which are not controlled, maintained or endorsed by Careera. By clicking on or activating such links, you acknowledge that the Careera is not responsible for the consequences of your activities on the third-party websites (including any personal, financial or payment information disclosed by you on such third-party websites) and is not liable in any way whatsoever to you. Careera does not represent or exercise control over such third party and such third party is neither an agent nor servant of Careera. Any data or any information which you give to any other entity after leaving the Careera Platforms is entirely at your own risk. Careera and our affiliates shall not be liable for any damages or loss arising from your access, use or other actions including by reason only of hyperlinking to such other websites. All hyperlinks to such other websites are provided as a convenience to you, and Careera and our affiliates are not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites.
9.6 Inherent Risk of Online Transmissions. No data transmissions over the internet or via wireless networks can be guaranteed to be secure. Consequently, Careera cannot and does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk.
10. LIMITATION OF LIABILITY
10.1 Limitation of Liability. To the maximum extent permitted by applicable law, Careera is not responsible for and shall not be liable for any and all claims, demands, actions, suits, proceedings, damages, liabilities, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including attorneys' fees and court fees on a full indemnity basis) (“Claims”) of any kind howsoever arising out of or in connection with your access and/or use of the Careera Platforms and/or the Services. Accordingly, you hereby release, indemnify and hold harmless Careera (and its agents, representatives, parent company, related companies and associated companies, subsidiaries, and legal and other professional advisors) from all Claims of any kind arising out of or in connection with your access and/or use of the Careera Platforms and/or the Services. In no event shall Careera’s aggregate liability for all claims related to the Careera Platforms and/or the Services provided therein exceed (a) if you are a jobseeker, US$100 and (b) if you are a potential employer, the total amount of Subscription Fees and Commission paid by you to Careera during the three (3) calendar months immediately preceding the date on which the Claim first accrued. The existence of more than one claim during the term hereof will not enlarge this limit. For the avoidance of doubt, the limitations in this Clause 10.1 do not apply to the indemnity given by you pursuant to Clause 11.
10.2 Consequential Damages etc. To the maximum extent permitted by applicable law, in no event will Careera or its employees, directors, officers and representatives be liable to you for any incidental, indirect, punitive, special or consequential damages (including lost profits or lost business opportunity) that you may incur or experience by reason of your having entered into or relied on these terms, or arising out of the performance of these terms, even if the we were advised or knew of the possibility of such damages. The foregoing limitation will apply regardless of the form of the claim(s), in which such liability may be asserted, whether in contract, tort (including negligence) or otherwise.
11. INDEMNITY
11.1 Indemnity. You agree to indemnify and hold Careera including, all directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any and all Claims which Careera suffer or incur due to or arising out of or in connection with:
(a) your breach of any of the provisions of these Terms;
(b) your infringement, or infringement by any other user of your account, of any Intellectual Property Rights or other right of any person or entity; and
(c) otherwise in connection with these Terms and your use of the Services and/or the Careera Platforms.
12. GENERAL PROVISIONS
12.1 Force Majeure. Careera shall be liable to you or any other party, or be deemed to be in default, for any loss, damage or expense arising from any delay or non-performance under these Terms resulting from acts beyond its control, including without limitation (i) fire, explosion, accident, power failure, epidemics, pandemics, infectious diseases, any law, order, proclamation, regulation, demand or requirement of any government or administrative agency strikes, labour disputes (whether or not involving any Careera employees), shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the above or not) beyond the reasonable control of Careera, (ii) acts of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as natural disasters, tornadoes, hurricanes, typhoons and earthquakes), or (iii) war or armed conflict or acts of terrorism or threats thereof, which include disruption of civil authority, transportation or communication services, national emergency, riot, civil disturbance or sabotage.
12.2 Term. These Terms (as may be modified from time to time) shall remain in full force and effect for so long as they are posted on the Careera Platforms or until terminated by Careera.
12.3 No Waiver. No failure, delay, relaxation or indulgence on the part of Careera in exercising any power or right conferred upon it in these Terms shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms.
12.4 Severability. If any provision of these Terms is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the term of these Terms, such provisions shall be fully separable and these Terms shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms.
12.5 Third Party Rights. A person who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce or to enjoy the benefit of any term of the Agreement. Notwithstanding anything in these Terms, the consent of any third party is not required for any variation (including any release or compromise of any liability under) of these Terms.
12.6 Entire Agreement. These Terms constitute the entire agreement between you and Careera with respect to your use of the Careera Platforms and the Services and supersedes all prior or contemporaneous agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied) or arrangements entered into between Careera in respect of the matters dealt with in these Terms. No promise, inducement, representation or agreement other than as expressly set forth in these Terms has been made by Careera.
12.7 Governing Law. These Terms shall be governed by and interpreted in accordance with the laws of Singapore.
12.8 Dispute Resolution. The courts of Singapore have non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and your use of the Careera Platforms and the Services (including a dispute regarding the existence, validity or termination of these Terms.
13 ADDITIONAL TERMS FOR APP STORES.
13.1 General Additional Terms for App Stores.
13.1.1 Where you download the Careera Platforms via an application store such as the Apple App Store, Google Play Store or Amazon Appstore (each, an “App Store”), you acknowledge that each App Store may have its own terms and conditions to which you must agree to before downloading the Careera Platforms from it. You agree to comply with such App Store terms and conditions. To the extent, such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms shall apply.
13.1.2 You further acknowledge that each App Store may collect and handle your personal and other data (such as device data and usage data) and that such collection and handling shall governed by the terms and conditions and privacy policy of the relevant App Store.
13.2 Specific Additional Terms for Apple App Store. Where you have downloaded the iOS version of the App from the Apple App Store:
(a) you acknowledge that these Terms are concluded between Careera and you only, and not with Apple. Careera, not Apple, is solely responsible for the App and its content;
(b) your license to the App is further limited to a non-transferable license to use the App on any Apple-branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) or Mac OS X, that you own and control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;
(c) you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
(d) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Careera’s sole responsibility;
(e) you acknowledge Careera or the relevant Partner, not Apple, is responsible for addressing any of your or any third-party claims relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
(f) you acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringe that third party’s intellectual property rights, Careera, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
(g) you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
1.1.1 We grant you a limited, revocable, non-exclusive, non-transferable and non-sub licensable license to use the Careera Platforms subject to your compliance with these Terms. Such license will remain in effect until your account with us is terminated or until such other time which we may communicate to you.
1.2 Lawful Use. You must only use the Services and the Careera Platforms for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Services and the Careera Platforms.
1.3 Access to Careera Platforms and/or Services. Careera reserves all rights to deny or restrict access to the Careera Platforms and/or Services to any person, or to block access from any internet source or address to the Careera Platforms and/or Services at any time in its sole discretion, and without providing any notice or reason.
1.4 Modification and Discontinuation of Services. Careera reserves the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently all or any part of the Careera Platforms and/or the Services, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Careera Platforms and/or the Services.
1.5 Intellectual Property Rights. You expressly acknowledge and agree that your access to and use of the Services and the Careera Platforms is subject to the intellectual property provisions set out in Clause 7 below.
1.6 Your Account.
1.6.1 By registering an account with Careera, you acknowledge and agree that you are representing to us that you are providing, and you will maintain, accurate, current and complete information for your account, including (as applicable) your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness. You agree that we may take steps to verify the accuracy of information you provide.
1.6.2 Careera retains the right, in appropriate circumstances and in its sole and absolute discretion, to suspend or terminate (with or without notice) the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for offensive, abusive, or illegal conduct. Careera is not required nor obliged to disclose its reasons for suspension, termination or any other action taken. If your account is suspended or terminated, you are not entitled to any payment from Careera.
1.6.3 You acknowledge and agree that Careera may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of Careera, the other users of the Website and Services, and the public. However, under no other circumstances will Careera intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy.
1.6.4 You may terminate your account at any time and for any reason by using the relevant function in the applicable Careera Platform or by contacting us at hello@careera.io but any such termination will be effective only after Careera has processed the request. Kindly note that deleting the Careera application from your device alone will not terminate your account and you will need to follow the aforementioned steps to terminate your account. You will not be able to use the Services without an account.
1.7 No Circumvention. You will be given the option to communicate with the jobseeker/potential employer (as the case may be) with whom you have matched with via the Services and all communications relating to potential employment shall be conducted solely via the chat function available in the Careera Platforms. At any time prior to formal employment, you may not provide your contact details to the other party for communication outside of the Careera Platforms or otherwise take any action which may result in Careera being deprived of any Commission (as defined below).
1.8 User Content and Information.
1.8.1 While using the Careera Platforms, you may be required or permitted to upload certain content and information, including but not limited to personal information such as a profile photo and employment history (in the case of jobseekers) and organisational information (in the case of potential employers).
1.8.2 The content which you upload and publish should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). You understand and agree that we may monitor or review your uploaded and published content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of your content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review your content.
1.8.3 All rights to the content that you provide while using the Careera Platforms (including, without limitation, any documents, photographs, and portfolios) belong to you. You shall permit, in a non-exclusive manner, Careera and our affiliates and business partners to use (this includes duplication, screening, public transmission, exhibition, distribution, transferring, loaning, translation, adaptation, and publication), at no charge and without restriction as to the geographical location, frequency or period of such use, any content uploaded for the purposes of providing the Services to you.
1.8.4 You are solely responsible and liable for the content and information that you provide to us and you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with the content you provide. You represent and warrant that the information you provide to us any potential employer and/or any jobseeker (as the case may be) is accurate, and that you will update your account information and/or organisation information (as the case may be) as necessary to ensure its accuracy.
2. SPECIFIC TERMS APPLICABLE TO POTENTIAL EMPLOYERS LOOKING TO HIRE
2.1 Account Security. Each end-user nominated and authorised by you (including but not limited to your directors, officers, employees, representatives, consultants and agents) is required to create an account with Careera to use the Services (each, an \"Authorised User\"). You are responsible for the activities of all your Authorised Users who access or use the Services and you agree to ensure that any such Authorised User will comply with these Terms and any other Careera policies. Careera assumes no responsibility or liability for violations. If you become aware of any breach of these Terms or Careera policies in connection with use of the Services by any person, please contact us. Careera reserves the right to, with or without notice, in appropriate circumstances and in our sole and absolute discretion, conduct investigations and suspend or terminate all accounts associated with you or the accounts of specific Authorised Users if there is any actual or suspected breach of the Agreement, of copyright infringement, or offensive, abusive or illegal conduct. If any account associated with you is terminated for cause, you are not entitled to any refund for any amounts paid to Careera for any Services.
2.2 Subscriptions and Payment.
2.2.1 Careera offers various paid subscription plans for potential employers (“Subscription Plans”). The prices, features, and options of the Services depend on the Subscription Plan selected as well as any changes instigated by you. Careera may charge a commission for each successful job placement completed via the Services (“Commission”). The prevailing subscription fees (\"Subscription Fees\") and Commission applicable to each respective Subscription Plan are available on the Careera Platforms.
2.2.2 Careera does not represent or warrant that a particular Subscription Plan will be offered indefinitely and, to the fullest extent permitted under applicable laws and regulations, reserves the right to change or modify the terms of any Subscription Plan (including but not limited to Subscription Fees, subscription period, features and options). In such event, we will take commercially reasonable efforts to provide you with reasonable notice of such change. Changes to the pricing terms will not apply retroactively and will only apply for subscription renewals after such changed pricing terms have taken effect. If you do not agree with the changes to our pricing terms then your only recourse is to cancel your Subscription Plan.
2.2.3 By subscribing to a Subscription Plan, you acknowledge and agree that your subscription will automatically renew regularly, and unless and until you or Careera cancels your subscription, you authorise us to charge your Payment Card for the then-applicable Subscription Fees in respect of your continued subscription to your selected Subscription Plan. You must cancel your Subscription Plan before it renews to avoid the billing of the Subscription Fees for the next subscription period. The Subscription Fees are charged upfront and will typically occur on or around the same day of the month/year (as applicable) as your initial purchase, although some charges may be delayed for business or legal reasons. If Careera is for any reason unable to effect automatic payment via your Payment Card, we will attempt to notify you via email and your subscription (and any corresponding access to the Subscription Plan) shall be suspended until payment is received.
2.2.4 You will be required to provide your credit card, debit card or other payment card (\"Payment Card\") details and other relevant information such as Payment Card expiry date and billing address (“Payment Information”) in order to use the Services. By providing any Payment Card details to us, you represent and warrant that such Payment Information is correct and belongs to you or you otherwise have the authority to use such Payment Card, and you have the legal right to use all payment method(s) represented by any such Payment Information. You further acknowledge and agree that we may use, store and disclose your Payment Card details in accordance with our Privacy Policy. You are responsible for notifying us of any changes to your Payment Card details and to update your information if your Payment Card has expired. We may suspend, terminate and/or otherwise interrupt your access to the Services or any portion thereof if you fail to so notify us. By initiating a transaction with us, you authorise us to provide your Payment Information to third party service providers so we can complete your transaction and you agree (a) to pay the applicable fees and any taxes; (b) that we may charge your Payment Card or third-party payment processing account, including, but not limited to, your account with an app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the Careera Platforms are made available (each, an “App Provider”), for verification, pre-authorisation and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.
2.2.5 You are required to notify us of any billing problems or discrepancies within thirty (30) days after they first appear on your Payment Card statement by sending a written notice to hello@careera.io. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.
2.3 Job Listings. You and/or your Authorised Users must create any job listings in accordance with Careera’s posting policy and content guidelines as well as Content Quality Guideline. The Company may modify posting policy or content guidelines as needed in accordance with any amendments to laws or regulations, consultations with the relevant authorities, or other matters. In using the Services, you are required to continually familiarise yourself with and adhere to the latest versions.
2.4 Diagnostic Assessment Results. The Diagnostic Assessments provided on the Careera Platforms are based on the responses provided by the jobseekers participating in such Diagnostic Assessments and assumes that such persons provide honest responses; if that is not the case, then any output may be flawed. We assume no liability or responsibility for the output of the Diagnostic Assessments or how you may use it, or for any consequences of any decisions made or actions taken in reliance on or based on it, which remain your sole responsibility.
2.5 Confidentiality. You and your Authorised Users shall maintain the confidentiality of, and not use in an unauthorised manner, all information that is disclosed to you and/or your Authorised Users in connection with the use of the Careera Platforms, including but not limited to any personal information of jobseekers, unless the party to whom the information relates has given you their consent. Notwithstanding any other provisions of these Terms, the obligations of confidentiality under this Clause 2.5 shall survive the termination or expiration of these Terms for a period of two (2) years thereafter.
3. SPECIFIC TERMS APPLICABLE TO JOBSEEKERS
3.1 Account Security. You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorised use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services. You agree not to use the account, username or password of any other account holder at any time. Careera will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge and/or your failure to comply with this clause.
3.2 Jobseeker Assessments
3.2.1 While using the Careera Platforms, you will be asked to take various diagnostic assessments and tests, including but not limited to personality and cognitive tests (“Diagnostic Assessments”), which are developed and administered by Careera. The results of each Diagnostic Assessment will be automatically analysed and you will receive your test results electronically.
3.2.2 We strongly encourage you to provide honest responses in the Diagnostic Assessments as your responses influence the results. We assume no liability or responsibility for the output of the Diagnostic Assessments or how you may use it, or for any consequences of any decisions made or actions taken in reliance on or based on it, which remain your sole responsibility.
3.2.3 By taking the Diagnostic Assessments, you acknowledge and agree that your responses will be collected, processed and evaluated by us and disclosed to potential employers for recruitment purposes. We may also collect and use your Diagnostic Assessment results on the Careera Platforms to generate anonymised and aggregated statistical and analytical data for internal research and product development purposes and to conduct statistical analysis in accordance with our Privacy Policy (see Section 8 below).
4. FEEDBACK, ENQUIRIES AND DISPUTES
4.1 Feedback, Enquiries and Disputes. We are committed to providing you with a pleasant user experience. If you have any feedback, queries or issues relating to the Services or Careera Platforms, please contact us at hello@careera.io, and we endeavour to be in touch with you within ten (10) days.
4.2 Right to Use Feedback. Any questions, comments, suggestions, feedback and/or information which is sent to us will be deemed to have been provided voluntarily on a non-confidential and non-proprietary basis. By submitting suggestions or feedback to Careera regarding our Services, you agree that we may use, disclose and share such feedback for any purpose without compensating you.
5. COMPLIANCE WITH ADDITIONAL TERMS, RULES, POLICIES AND LAWS
5.1 Additional Policies. The use of certain features of the Services may be subject to additional terms, rules, policies or codes of conduct as determined by Careera from time to time, and you will be required to comply with the same in using them. All such additional terms, rules, policies or codes of conduct are hereby incorporated by reference into these Terms.
5.2 Consequences of Non-Compliance. If you fail to comply with any provisions of these Terms, Careera reserves the right, without prejudice to any of its other rights, to suspend or terminate your account and/or the provision of any Service to you without liability to you.
6. CONFIDENTIALITY
6.1 Careera’s Confidentiality Obligations. Careera shall at all times keep confidential and not disclose to any third-party confidential information except as permitted by this Clause 6 and for the purposes of performing our obligations under these Terms, and agrees to protect the confidential information with security measures and a degree of care that would apply to its own confidential information.
6.2 Permitted Disclosures. Notwithstanding Clause 6.1 above, Careera may disclose confidential information:
(a) to its subsidiaries, affiliates and related companies;
(b) to third-party payment providers to the extent necessary for Careera to perform its obligations under these Terms;
(c) to its officers, directors, employees, auditors, advisors, subcontractors and other persons providing services to it where (provided that such person is under a duty of confidentiality in relation to the confidential information, professional, contractual or otherwise) to the extent necessary for Careera to perform its obligations under these Terms;
(d) where requested or required by law, regulation and/or any court of competent jurisdiction or any competent banking, taxation, judicial, governmental, supervisory, regulatory or equivalent body; and
(e) to any other person where necessary for the performance of its obligations under these Terms with your consent.
6.3 Survival. Notwithstanding any other provisions of these Terms, the obligations of confidentiality under this Clause 6 shall survive the termination or expiration of these Terms for a period of two (2) years thereafter.
7. INTELLECTUAL PROPERTY RIGHTS; PROHIBITED USE
7.1 Intellectual Property Rights. The Careera Platforms, Services and all materials, including but not limited to photographs, illustrations, videos, data, text, images, designs, logos, maps, plans, algorithms, literary, artistic, musical works, computer programs, frameworks, software, libraries, engines, scripts, functions, algorithms, electronic agents, encryption, plugins, APIs and/or all other forms of computer or object code and all representations, information and all works in any media or format whether relating to activities, programmes, products and/or services offered by Careera (the “Content”) are proprietary to and are protected by copyright, trademark and other forms of intellectual property rights (“Intellectual Property Rights”) owned by, licenced to or controlled by Careera. Careera retains all rights, title and interest in all Intellectual Property Rights in the Content and all concepts, systems, whether written or graphic and all other materials produced by or on behalf of Careera, including those on the Careera Platforms. “Careera”, “Careera.io” and the Careera logo are trademarks, logos or service marks of Careera and no permission or licence is granted to use any such trademarks, logos or service marks without the our prior written consent.
7.2 Restrictions and Prohibited Uses. You are strictly prohibited from, and expressly agree that you will not and will not permit any person to: (i) use, upload, download, record, alter, copy, reproduce, re-publish, transmit, communicate, distribute, disseminate, decompile, disassemble, modify, adapt, reverse engineer, create derivative works of, or exploit in any way, the Careera Platforms and/or any Content or any part thereof; (ii) do anything that will or might (whether directly or indirectly) affect, compromise, prejudice or conflict with Careera’s intellectual property rights in any manner or could damage the reputation of Careera or the goodwill or other rights associated with the Careera Platforms and/or the Services; (iii) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with the Careera Platforms and/or any Content; (iv) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the Careera Platforms and/or any Content; (v) access or use the Careera Platforms and/or any Content in an unauthorised, unlawful, illegal, fraudulent or harmful manner or in connection with any unauthorised, unlawful, illegal, fraudulent or harmful purpose or activity; (vi) access or use the Careera Platforms and/or any Content in any way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Content or in any way that causes, or may cause, damage to the Careera Platforms and/or any Content or impairment of the availability or accessibility of the Careera Platforms and/or any Content; (vii) access or use the Careera Platforms in a manner that suggests an association with our Content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (viii) introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Careera Platforms or connected network; (ix) access, monitor, or copy any element of the Careera Platforms and/or any Content using a robot, spider, scraper or other automated means or manual process without our express written permission; or (x) sell, resell, or make commercial use of the Careera Platforms and/or any Content, unless you have an executed agreement with us that expressly allows for such activity.
8. PERSONAL DATA; STATISTICAL DATA
8.1 Personal Data. You hereby acknowledge and agree that personal data relating to you (including without limitation any personal data which you provide to us when registering your account with us and creating your profile, any Payment Card details, your responses in the Diagnostic Assessments) may to the extent that it is reasonably necessary in connection with the Services be collected, stored, processed and used and disclosed by Careera in accordance with our privacy policy (“Privacy Policy”). In particular, your information may be shared with potential employers to aid the recruitment process.
8.2 Statistical Data. We may also collect and use your activity on the Careera Platforms, Diagnostic Assessment results and other information supplied by you to generate anonymised and aggregated statistical and analytical data for internal research and product development purposes and to conduct statistical analysis (“Statistical Data”). All such Statistical Data shall be and remain the property of Careera.
8.3 Privacy Policy. You can access our Privacy Policy here and you hereby represent that you have read, understood and agreed to our Privacy Policy, which may be amended from time to time.
9. DISCLAIMERS
9.1 Disclaimer of Warranties. The Careera Platforms and the Services are provided on an “as is” and “as available” basis and Careera expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to (a) warranties that the functions provided on the Services and the Careera Platforms will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected; (b) warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the Services, Content, the Careera Platforms and any third party websites with which they are linked; or (c) third party claims, whether directly or indirectly caused by, or relating to, the Services, Content and/or the Careera Platforms. Some states / jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to User in its entirety. To the extent applicable law requires Careera to provide warranties, you agree that the scope and duration of such warranty shall be to the minimum extent permitted under such applicable law.
9.2 Third-Party Products and Services. In no event does Careera provide any warranty or representations with respect to any third-party software, hardware, products and/or services with which the Services are designed to be used, and Careera disclaims all liability with respect to any failures thereof. Use of the Services and/or the Careera Platforms may adversely affect the operation of other software and devices. Software is inherently subject to bugs and potential incompatibility with other software and hardware. You should not use the Services and/or the Careera Platforms for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property.
9.3 Information on the Careera Platforms. While we use all reasonable efforts to include accurate and up-to-date information on the Careera Platforms, Careera does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, of the Content including in particular the use of any representations and images. Careera assumes no liability or responsibility for any errors, omissions or completeness of the information provided in the content of the Careera Platforms. Information provided is subject to change at any time without prior notice.
9.4 Downloading at Your Own Risk. Any material which you download or otherwise obtain through the use of the Careera Platforms (such actions being strictly prohibited), is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data or other liability that may result from the download of any such material. Neither Careera nor any of our affiliates shall be liable or responsible for any computer virus, malware, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to your computer system or any other losses or damage resulting directly or indirectly from access to or use of the Services and/or the Careera Platforms, or any uploading, downloading of any Content or information (all of which are not authorised) from the Careera Platforms.
9.5 External Links. The Careera Platforms may contain links to other websites and pages which are not controlled, maintained or endorsed by Careera. By clicking on or activating such links, you acknowledge that the Careera is not responsible for the consequences of your activities on the third-party websites (including any personal, financial or payment information disclosed by you on such third-party websites) and is not liable in any way whatsoever to you. Careera does not represent or exercise control over such third party and such third party is neither an agent nor servant of Careera. Any data or any information which you give to any other entity after leaving the Careera Platforms is entirely at your own risk. Careera and our affiliates shall not be liable for any damages or loss arising from your access, use or other actions including by reason only of hyperlinking to such other websites. All hyperlinks to such other websites are provided as a convenience to you, and Careera and our affiliates are not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites.
9.6 Inherent Risk of Online Transmissions. No data transmissions over the internet or via wireless networks can be guaranteed to be secure. Consequently, Careera cannot and does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk.
10. LIMITATION OF LIABILITY
10.1 Limitation of Liability. To the maximum extent permitted by applicable law, Careera is not responsible for and shall not be liable for any and all claims, demands, actions, suits, proceedings, damages, liabilities, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including attorneys' fees and court fees on a full indemnity basis) (“Claims”) of any kind howsoever arising out of or in connection with your access and/or use of the Careera Platforms and/or the Services. Accordingly, you hereby release, indemnify and hold harmless Careera (and its agents, representatives, parent company, related companies and associated companies, subsidiaries, and legal and other professional advisors) from all Claims of any kind arising out of or in connection with your access and/or use of the Careera Platforms and/or the Services. In no event shall Careera’s aggregate liability for all claims related to the Careera Platforms and/or the Services provided therein exceed (a) if you are a jobseeker, US$100 and (b) if you are a potential employer, the total amount of Subscription Fees and Commission paid by you to Careera during the three (3) calendar months immediately preceding the date on which the Claim first accrued. The existence of more than one claim during the term hereof will not enlarge this limit. For the avoidance of doubt, the limitations in this Clause 10.1 do not apply to the indemnity given by you pursuant to Clause 11.
10.2 Consequential Damages etc. To the maximum extent permitted by applicable law, in no event will Careera or its employees, directors, officers and representatives be liable to you for any incidental, indirect, punitive, special or consequential damages (including lost profits or lost business opportunity) that you may incur or experience by reason of your having entered into or relied on these terms, or arising out of the performance of these terms, even if the we were advised or knew of the possibility of such damages. The foregoing limitation will apply regardless of the form of the claim(s), in which such liability may be asserted, whether in contract, tort (including negligence) or otherwise.
11. INDEMNITY
11.1 Indemnity. You agree to indemnify and hold Careera including, all directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any and all Claims which Careera suffer or incur due to or arising out of or in connection with:
(a) your breach of any of the provisions of these Terms;
(b) your infringement, or infringement by any other user of your account, of any Intellectual Property Rights or other right of any person or entity; and
(c) otherwise in connection with these Terms and your use of the Services and/or the Careera Platforms.
12. GENERAL PROVISIONS
12.1 Force Majeure. Careera shall be liable to you or any other party, or be deemed to be in default, for any loss, damage or expense arising from any delay or non-performance under these Terms resulting from acts beyond its control, including without limitation (i) fire, explosion, accident, power failure, epidemics, pandemics, infectious diseases, any law, order, proclamation, regulation, demand or requirement of any government or administrative agency strikes, labour disputes (whether or not involving any Careera employees), shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the above or not) beyond the reasonable control of Careera, (ii) acts of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as natural disasters, tornadoes, hurricanes, typhoons and earthquakes), or (iii) war or armed conflict or acts of terrorism or threats thereof, which include disruption of civil authority, transportation or communication services, national emergency, riot, civil disturbance or sabotage.
12.2 Term. These Terms (as may be modified from time to time) shall remain in full force and effect for so long as they are posted on the Careera Platforms or until terminated by Careera.
12.3 No Waiver. No failure, delay, relaxation or indulgence on the part of Careera in exercising any power or right conferred upon it in these Terms shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms.
12.4 Severability. If any provision of these Terms is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the term of these Terms, such provisions shall be fully separable and these Terms shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms.
12.5 Third Party Rights. A person who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce or to enjoy the benefit of any term of the Agreement. Notwithstanding anything in these Terms, the consent of any third party is not required for any variation (including any release or compromise of any liability under) of these Terms.
12.6 Entire Agreement. These Terms constitute the entire agreement between you and Careera with respect to your use of the Careera Platforms and the Services and supersedes all prior or contemporaneous agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied) or arrangements entered into between Careera in respect of the matters dealt with in these Terms. No promise, inducement, representation or agreement other than as expressly set forth in these Terms has been made by Careera.
12.7 Governing Law. These Terms shall be governed by and interpreted in accordance with the laws of Singapore.
12.8 Dispute Resolution. The courts of Singapore have non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and your use of the Careera Platforms and the Services (including a dispute regarding the existence, validity or termination of these Terms.
13 ADDITIONAL TERMS FOR APP STORES.
13.1 General Additional Terms for App Stores.
13.1.1 Where you download the Careera Platforms via an application store such as the Apple App Store, Google Play Store or Amazon Appstore (each, an “App Store”), you acknowledge that each App Store may have its own terms and conditions to which you must agree to before downloading the Careera Platforms from it. You agree to comply with such App Store terms and conditions. To the extent, such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms shall apply.
13.1.2 You further acknowledge that each App Store may collect and handle your personal and other data (such as device data and usage data) and that such collection and handling shall governed by the terms and conditions and privacy policy of the relevant App Store.
13.2 Specific Additional Terms for Apple App Store. Where you have downloaded the iOS version of the App from the Apple App Store:
(a) you acknowledge that these Terms are concluded between Careera and you only, and not with Apple. Careera, not Apple, is solely responsible for the App and its content;
(b) your license to the App is further limited to a non-transferable license to use the App on any Apple-branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) or Mac OS X, that you own and control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;
(c) you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
(d) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Careera’s sole responsibility;
(e) you acknowledge Careera or the relevant Partner, not Apple, is responsible for addressing any of your or any third-party claims relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
(f) you acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringe that third party’s intellectual property rights, Careera, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
(g) you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.