Services provided by WASH Career through the Site shall be available to Applicants or other users such as Advertisers. Access to and use of the contents and services provided on the Site shall be subject to the terms and conditions which are set out below (“Terms and Conditions”) and the privacy statement (“Privacy Statement”). By your continued use of the Site, you acknowledge that you have read and understood the Terms and Conditions and the Privacy Statement and that you agree to be bound by all of its provisions.
- In these Terms and Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
“Advertiser(s)” means user who places an advertisement on the Site;
“Applicant(s)” means user who seeks products, services or employment opportunities offered by Advertisers on the Site;
“WASH Career” means the job posting services provider.
- The terms “you”, “user” and “users” herein refer to all individuals and/or entities accessing and/or using the Site at any time for any reason or purpose.
2. Acceptable Site Uses
- Specific Uses – Applicant
- Applicant agrees that he/she shall use the Site for lawful purposes and seeking products, services and employment opportunities;
- Applicant confirms and acknowledges that he/she discloses his/her personal data and all other information to the Advertisers and/or WASH Career of his/her own volition when he/she applies for available products, services and employment opportunities posted on or through the Site, and/or when Applicant uses the Site for purposes of submitting, uploading or posting information and data on the Site in response to advertisements posted by Advertisers. By submitting, uploading or posting information and data on the Site, Applicant authorizes WASH Career to store his/her information or data in the database of WASH Career (“Database”). Applicant may send information or data directly to any Advertiser who advertises on or through the Site. Alternatively, Applicant may send his/her information or data to WASH Career through the Site in reply to any advertisement. In such event, Applicant’s information or data will remain active on the Site and be stored in the Database at his/her own risk unless and until he/she chooses to delete them. Applicant acknowledges and agrees that his/her information or data may be accessed by the Advertisers who are using the services of WASH Career in order to assess the suitability of Applicants for products, services or employment opportunities. WASH Career also reserves the right to reject or edit any part of the Applicant’s information or data as it sees appropriate and to erase any personal data which WASH Career reasonably believes is inaccurate, false, illegal, unlawful or infringes any intellectual property rights or invades the privacy of any other person.
- WASH Career will not release Applicant’s personal data to any Advertiser without his/her permission unless obliged under prevailing laws and regulations. Applicant acknowledges and agrees that WASH Career will, if he/she so authorizes, release his/her information or data to Advertiser for the purpose of enabling Advertiser to recruit and assess the suitability of Applicants in relation to any product, service or employment opportunity. Applicant agrees that WASH Career and its associated companies may use his/her personal data (without his/her name, address and other personal identifiable information) for marketing purposes which may be directed to either potential Advertisers, their respective agents or anyone under their employ.
- Although WASH Career shall use its reasonable endeavors to restrict access to the Database only to the Advertisers and personnel of WASH Career, it does not guarantee that other parties will not, without WASH Career consent, gain access to the Database. Applicant acknowledges that the Advertisers and other parties who have otherwise gained access to the Database may have retained a copy of Applicant’s information or data. WASH Career is not responsible for the retention, use or privacy of information or data in these instances, or for the use or privacy of information or data by any of such parties while information and data are in the Database. Applicant accepts that all personal data, information or materials given to Advertiser or other users, or submitted on or through the Site, are given entirely at his/her own risk.
- Specific Uses – Advertiser
- Advertiser agrees that it shall only use the Site for lawful purposes and promoting sales and marketing activities.
- Upon payment of the service fee to WASH Career, Advertiser will be entitled to use the Site to advertise products, services and employment opportunities for a predetermined period. Subject to the conditions or requirements from time to time stipulated by WASH Career regarding the access to Applicant’s information or data, Advertiser will be entitled to access the Database but agrees that all information or data obtained as a result of such access shall only be used for the sole purpose of assessing the suitability of Applicants for products, services and employment opportunities and that such information or data shall not be disclosed to any other parties without the prior consent of the Applicant concerned.
- Advertiser shall be solely responsible for the contents of and materials contained in its advertisement and/or web page posted on the Site. WASH Career reserves the right to remove or edit, or require the removal or amendment of, any advertisement as it sees appropriate, or to terminate or suspend the Advertiser’s access and use of the Site and/or services offered on or through the Site at WASH Career sole discretion, without any compensation or recourse to Advertiser.
- WASH Career also reserves the right to change the service fee or institute new charges or fees, from time to time, as it deems appropriate. In the event that any Advertiser fails to pay the service fee or any other fees or charges due to WASH Career, WASH Career reserves the right to suspend or terminate the Advertiser’s web page and/or advertisement and/or right to access the Database, without prejudice to all other rights and remedies available to WASH Career.
- Prohibited Uses – Users
- User agree(s) that:
- User shall not submit incomplete, false or inaccurate information or data on the Site.
- Any communications or use of the Site for any purposes other than sales, marketing and recruitment purposes, including but not limited to political campaigning or soliciting of donations or business for any reason, are strictly prohibited.
- Users shall not use the Site in any manner that infringes the intellectual property rights or proprietary rights of others.
- All users are prohibited from violating or attempting to violate the security of the Site including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mail, including promotions and/or libelous advertisements for products or services.
- Users shall not upload, post, publish, transmit, distribute, circulate or store any material in whatsoever way relating to the Site (i) in violation of any applicable laws or regulations; (ii) in any manner that may infringe the copyright, trademark, trade secrets or other intellectual property rights or proprietary rights of others or violate the privacy or publicity or other personal rights of others; (iii) that is harmful, defamatory, libelous, obscene, discriminatory, harassing, threatening, abusive, hateful, racist, blasphemous, false, illegal, improper or is otherwise offensive or objectionable; (iv) in the manner that causes unrest in politics, religion, national security or stability of Cambodia; or (v) that contains viruses, trojan horses, worms, corrupted files or other materials that may interrupt, damage or limit the functionality and operation of the Site, the services offered on the Site, or of any computer software or hardware or telecommunication equipment.
- All users are prohibited in using screen scraping, data mining, robots or similar data gathering and extraction tools on the Site for establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication, except with our prior written consent.
3. Intellectual Property Rights
All contents of the Site, including without limitation information, text, images, layout, designs, pictures, HTML and other proprietary materials on the Site (collectively “Contents”) are the intellectual property of WASH Career or its licensors and are protected by copyright, trademark, patent and other intellectual property laws. Except as otherwise provided in this paragraph, users shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, disseminate, distribute, redistribute, broadcast, circulate, store (in any medium), display, modify, sell or transfer or participate in the sale or transfer of or offer for sale of, create derivative works from, or in any way exploit any of the Contents, whether in whole or in part. Users may download or copy the Contents solely for their personal non-commercial use and/or users that are expressly permitted in these Terms and Conditions.
WASH Career reserves the right to monitor the Site and its contents at any time, but is not obliged to do so. WASH Career takes no responsibility whatsoever for any material on the Site that is not posted by WASH Career or is otherwise posted by WASH Career on behalf of a user. All users acknowledge and agree that they are fully responsible for the form, content and accuracy of any information, data, advertisement, web page and/or material submitted by them to WASH Career or that is otherwise posted by them on or through the Site. WASH Career shall not in any way be considered an agent of either Advertiser or Applicant with respect to any use of the Site. WASH Career DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS, THAT ANY DEFECTS WILL BE CORRECTED, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR TIMELY OR THAT THE STORAGE OF DATA WILL BE SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, WASH CAREER DISCLAIMS ALL WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR OTHER QUALITIES OF THE SITE AND THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED THEREIN.
5. Own Risk
ALL USERS USE THE SITE AND ANY OTHER WEBSITES ACCESSED THROUGH IT, ENTIRELY AT THEIR OWN RISK. WASH Career does not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by users or endorse any opinions expressed by users. Any reliance by users on any material posted by other users shall be at their own risk. WASH Career reserves the right to expel any users and prevent their further access to the Site at any time for breaching the Terms and Conditions or violating laws and regulations and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate at WASH Career sole discretion without notice and/or consent whatsoever.
6. Links to Other Websites
The Site may contain links to third-party websites. WASH Career has no control over or rights in such third-party websites and is not responsible for their availability or security. If users access any linked third-party websites, they do so entirely at their own risk. WASH Career shall not be responsible for the contents of any third-party websites linked to the Site or any links contained in such third-party websites or any changes or updates thereto, and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party websites. WASH Career shall not be responsible or liable for any loss or damage of any kind arising from or in connection with the use of the services or contents of such third-party websites.
All users agree to indemnify, and hold harmless WASH Career and its associated companies, officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses arising from or relating to their use of the Site or its contents or their breach of the Terms and Conditions, to the fullest extent permitted by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WASH Career AND ITS ASSOCIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR DAMAGE OF ANY KIND SUFFERED BY ANY USERS WHATSOEVER DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO THEIR USE OF OR INABILITY TO USE THE SITE AND ITS CONTENTS.
9. Dealing with Advertisers
User’s communication or business dealings with Advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such advertiser. WASH Career shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such dealings or as a result of the presence of the advertisers on the Site or as a result of the accuracy or truthfulness of any information or data posted by the Advertisers.
WASH Career reserves the right at any time to immediately terminate or suspend any user’s account or access to the Site without notice, where WASH Career is of the opinion that the user has breached any of the Terms and Conditions or violated any law or regulation, and to take further action as WASH Career in its sole discretion considers appropriate, including removing any material which it deems abusive, illegal, disruptive or inappropriate. WASH Career shall have the sole and absolute discretion to decide whether the user, Applicant or Advertiser has breached any of the Terms and Conditions, and such decision shall be final.
11. Modification to Access or Site
WASH Career reserves the right at any time and from time to time to modify, change, suspend, discontinue or restrict: (a) users’ access to, either temporarily or permanently, the Site (or any part thereof); or (b) the whole or any portion of this Site (and the services provided therein), with or without notice.
12. Governing Law and Jurisdiction
- The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Site shall be governed by and construed in accordance with Cambodian law.
- Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration at the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC Rules as at present in force and as may be amended by the rest of this Clause:
- There shall be only one arbitrator. to be appointed by the Chairman of the SIAC.
13. Variation of Terms
- WASH Career may vary these Terms at any time. If WASH Career varies these Terms, it will provide notice by publishing the varied Terms on the Site.
- You accept that by doing this, WASH Career has provided you with sufficient notice of the variation to its Terms.