Terms of Use (Platform)
WELCOME TO THE PLATFORM.
IMPORTANT: READ CAREFULLY BEFORE YOU PROCEED – USE OF THE ECE JOB SEARCH PLATFORM IS SUBJECT TO THE FOLLOWING LEGAL TERMS AND CONDITIONS.
THE FOLLOWING SETS FORTH THE TERMS AND CONDITIONS (THE “TERMS OF USE”) OF YOUR REGISTRATION FOR AND USE OF THE PLATFORM:
1 Acceptance
1.1 To register for the Platform, you must accept the Terms of Use and Privacy Policy first by clicking the “AGREE” button. By accepting the Terms of Use and Privacy Policy, you are expressing your intent to enter into, and are entering into, a binding legal contract between you and The Education University of Hong Kong.
1.2 If you do not wish to accept the Terms of Use, select the “DISAGREE” button and you will not be allowed to continue the registration.
2 Definitions
The following definitions apply in these Terms of Use unless the context requires otherwise:
“Alumnus” means a graduate or graduates of EdUHK.
“Candidate Search” means the search function which allows Employer to search for and view Open Profile and send invitation to invite Jobseeker to apply for a particular Job Vacancy.
“EdUHK” means The Education University of Hong Kong.
“Employer” means any person or entity registered to use the Platform and the Services to look for candidates for his Job Vacancy.
“Hidden Profile” means personal information uploaded by Jobseeker which, due to the Jobseeker’s privacy setting, will not be available to Employer via the Candidate Search function and which may be released to Employer only at Jobseeker’s own option.
“Job Posting” means a posting on or uploaded to the Platform by Employer subject to the Terms of Use advertising a Job Vacancy.
“Job Vacancy” means a vacancy or vacancies for a job/an employment (either permanent, temporary, fixed term or contract based), freelance work, volunteer work, project work, work as a trainee or intern or any other opportunity for work or services, which is the subject matter of a Job Posting.
“Jobseeker” means Student or Alumnus registered to use the Platform and the Services to look for employment.
“Open Profile” means personal information of Jobseeker’s profile, including name, study programme, major, graduate year (where applicable), working experience, availability and email address, can be accessed due to Jobseeker’s privacy setting via Candidate Search. Employer may send invitation if the Jobseeker’s profile meets the requirements of a Job Vacancy.
“Platform” means the ECE Job Search Platform at www.ecespark.eduhk.hk and all of its subsidiary sites.
“Services” means all the services, features, technologies and/or functionalities offered by EdUHK on the Platform.
“Student” means current full time or part time student(s) of EdUHK.
Words importing the singular include the plural and vice versa, words importing a gender include every gender and references to persons include bodies corporate or incorporate.
3 Qualification for Registration
The Platform is only available to Jobseeker and Employer who have been approved and registered to use the Platform. The Platform, including but not limited to the data, information, resumes, postings, content, text, articles, columns, news, database, metadata, organization, photographs, video, audio, graphics, design, advertising, compilation, look and feel, translation, digital conversion and other protectable intellectual property (collectively “Platform Content”) contained therein is directed at, and is intended for distribution to, and use by Jobseeker and Employer only. It is not intended for distribution to, or use by, any other person.
4 Conditions of Use of Platform
4.1 For Jobseeker
(a) You need to register on-line before using the Platform, and you authorize EdUHK to access and use your personal data in EdUHK's databases and records for verification of your eligibility to register for the Platform and receive the Services.
(b) Upon registration, EdUHK will establish an account for you using the user name you select during registration and allocate you a password, which you may change from time to time by following the instructions. Access to and operation of your account will always require your username and password, and you are solely responsible for maintaining the confidentiality of your username and password.
(c) You may post your resume on the Platform if you wish to apply on-line for a specific Job Vacancy advertised on the Platform, and/or select to be included in "Candidate Search" by Employer by uploading your profile on to the Open Profile by inserting your profile information into the correct data field in the prescribed format. Enrolment into our on-line “Open Profile” and “Hidden Profile” services provided on the Platform is entirely voluntary.
(d) You acknowledge and agree that EdUHK may release your Open Profile to Employer through the use of Candidate Search for the purpose of enabling Employer to identify any potentially suitable candidate for matching his Job Vacancy and to assess the suitability of candidates for such vacancy. If you are selected by an Employer through Candidate Search, the Employer may send you an invitation to invite you to apply for a Job Vacancy. Your Hidden Profile will only be released to Employer at your option only. When you have secured a job and do not require the service of Platform anymore, you should discontinue your account on the Platform and remove your Open Profile and Hidden Profile in order to free up capacity of the Platform.
(e) EdUHK will not be responsible or held liable in any way if Employer, in breach of the Terms of Use, whether in Hong Kong or elsewhere, use your Open Profile, Hidden Profile, or any other personal data for any use other than for staff recruitment. You accept that personal data given to Employer or other user(s) are given entirely at your own risk. You accept the condition that information of Employer, Job Posting and Job Vacancy accessed by you through the Platform will only be used for your own job seeking purpose and not for any other person or purpose.
(f) EdUHK reserves the right to accept, reject, edit or remove any information posted in your Open Profile and/or Hidden Profile; to suspend or terminate any Services to you with or without cause at its sole discretion. Your registration to the Platform will terminate should you fail to act in compliance with the Terms of Use.
4.2 For Employer
(a) Employer needs to register on-line before using Platform to post Job Posting and/or conduct Candidate Search for the first time.
(b) Upon registration, EdUHK will establish an account for Employer using the user name Employer selects during registration and allocate Employer a password, which Employer may change from time to time by following the instructions. Access to and operation of Employer’s account will always require Employer’s username and password, and Employer is solely responsible for maintaining the confidentiality of his username and password. For easy identification by our administrator, it is highly recommended that you use your registered business/ school/ society name as your username.
(c) The Platform is provided for Employer whose genuine purpose is to identify suitable candidates for a Job Vacancy within Employer's organisation. Employer must display his full name in each Job Posting.
(d) Each Job Posting shall be subject to approval by EdUHK and shall be posted to the appropriate job category as set out in our instructions, and all information for the Job Posting shall be inserted in the correct data field in the prescribed format. EdUHK may modify or re-categorise any Job Posting that has not been posted properly per our instructions.
(e) Your Job Posting may not refer to any organization, business or brand other than an organization, business or brand directly associated with or owned by you or an entity associated with you. You must not insert any link to any third party’s website in your Job Posting.
(f) Each Job Posting will automatically expire, and will be removed, 3 months after it is posted. You may remove the Job Posting before it expires by following the relevant instructions.
(g) You shall check your Job Posting before it is posted and make sure it is complete, accurate and correct and free of any misleading or deceptive representation or statement. You shall be held fully responsible for the contents and materials contained in the Job Posting.
(h) You agree that all information that you obtain via the Platform shall only be used for the sole purpose of assessing the suitability of candidates for a Job Vacancy within your organisation.
(i) The terms of employment, entry requirements and job descriptions of your Job Posting must not contravene or constitute a breach of the Sex Discrimination Ordinance (Cap. 480), Disability Discrimination Ordinance (Cap. 487), Family Status Discrimination Ordinance (Cap. 527) and/or Race Discrimination Ordinance (Cap. 602).
(j) You must comply with the requirement of the Personal Data (Privacy) Ordinance (Chapter 486) ("PDPO").
(k) EdUHK reserves the right to accept, reject, edit or remove any Job Posting or any part thereof; or to suspend or terminate any Services to you, for any breach of the provisions herein.
(l) You must ensure that all your officers, employees and contractors keep all Information (as defined in the Privacy Policy) confidential by not disclosing or using such Information for any purpose other than that set out in the Terms of Use.
4.3 Prohibited Uses - Jobseeker and Employer
(a) You shall not post any information which is not related to the purposes stated under Clause [4] "Conditions of Use" above onto the Platform. You will be liable for the consequence of any false and/or incomplete information provided. EdUHK will not be liable for any such false and/or incomplete information. EdUHK has no obligation to check data on the Platform for factual accuracy and it makes no warranty as to the accuracy of any data on the Platform. Employer shall warrant that the personal data requested from Jobseeker are adequate but not excessive in relation to the purpose of recruitment only and are to be used lawfully in compliance with the PDPO.
(b) Jobseeker shall not respond to/contact Employer for any reason other than to apply for a Job Vacancy and Employer shall not respond to/ contact Jobseeker other than assessing and/or process his/her application for a Job Vacancy. Communications related to promoting or soliciting business for any reason is strictly prohibited.
(c) You shall not use the Platform for transmitting, distributing, sharing or storing material in violation of any applicable law or regulation, or in any manner that may infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy or other personal rights of others, or that is discriminatory, libelous, obscene, threatening, abusive, hateful, illegal, disruptive or inappropriate. EdUHK reserves the right to remove such materials at its sole discretion.
5 Intellectual Property Rights
5.1 The Platform Content are owned by EdUHK or its licensors and are protected under all applicable copyrights, database rights, trade marks, designs, patent and other proprietary (including but not limited to intellectual property) rights which may exist now or in the future.
5.2 Any copying, redistribution, use or publication by you of the Platform Content, or any variations or derivatives thereof, for any purpose, except as allowed by the Terms of Use, is strictly prohibited.
5.3 You acknowledge that you do not acquire ownership rights to any Platform Content viewed through the Platform. The posting of Platform Content on the Platform does not constitute a waiver of any right in such Platform Content. You shall not use the names and/or trade marks of EdUHK and/or its faculties or departments without EdUHK’s prior written approval.
6 Responsibility
You acknowledge and agree that you are fully responsible for the form, content and accuracy of any resume, job vacancy information or other material placed by you. You shall be responsible for your own communications and are responsible for the consequences of their posting. Any reliance by you on materials posted by other users shall be at your own risk. EdUHK reserves the right to expel or suspend Jobseeker and/or Employer and prevent their further access to the Platform at any time including for breaching the Terms of Use or violating the law or any regulation.
7 Personal Information Collection Statement and Privacy
7.1 In accordance with PDPO, EdUHK will collect, use and process your personal information, provide such personal information to its employees, agents or contractors, and/or transfer such personal information out of Hong Kong, for the purposes of (i) providing access to and use of the Platform and Services to you, (ii) communicating with you, (iii) providing customer support and other similar activities related to the Platform and Services, and (iv) providing information offered by EdUHK. The personal information may also be used for statistical purposes and statistics provided to third parties, but not in such a way that your personal information is disclosed. EdUHK may provide your personal information and/or account information to regulatory authorities and other third parties as required by applicable law or regulation or pursuant to contractual obligations to third party content providers. Our policy for collection, use and retention of personal information is set out in our Privacy Policy.
7.2 You have the right to request access to and correct personal information held by EdUHK. EdUHK will make effort to correct errors in your personal information with reasonable promptitude. To obtain access to personal information held by EdUHK, you should send an email to us via CONTACT US. Administration fees may apply.
8 Cookies
8.1 Access to the Platform is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of the Platform and/or Services constitutes consent to such monitoring.
8.2 EdUHK uses web site browser software tools, such as cookies and web server logs, and/or other technologies to gather information about its users' browsing activities in order to constantly improve the Platform and better serve its subscribers. This information assists EdUHK to design and arrange its web pages in the most user-friendly manner and to continually improve the Platform to better meet the needs of users and prospective users of the Platform.
8.3 By using the Platform, you consent to EdUHK’s collection, use and retention of your information as described in the Terms of Use.
9 Links to Other Sites
The Platform may contain links to other sites or resources that are not owned or controlled by EdUHK. The linked sites are not under our control and we have not reviewed or investigated in any way the information at such linked sites. We make no representation or warranty as to the contents of any linked site or any link contained in a linked site. You acknowledge and agree that EdUHK is not responsible for the privacy practices of such other sites. Your use of the Platform and any other websites accessed through it are entirely at your disposal and your own risk.
10 Security Measures
EdUHK will use its reasonable endeavours to ensure that its authorised officers, employees, and/or contractors exercise their prudence and due diligence in handling the personal data submitted by Jobseeker and the access to and processing of the personal data by such persons is on a "need-to-know" and "need-to-use" basis. EdUHK will use its reasonable endeavours to protect the personal data against any unauthorized or accidental access, processing or erasure of the personal data. EdUHK will take reasonably practicable steps to ensure the security of the data submitted to the Platform. However, EdUHK cannot accept responsibility for the security of information you send to or receive from us over the internet or for any unauthorised access or use of that information.
11 Availability of Service
11.1 The Platform and Services are provided without warranty of fitness, performance or compatibility with your environment, device or equipment.
11.2 The Platform or any Services may be unavailable from time to time due to mechanical, telecommunication, software, hardware or third party vendor failures. EdUHK cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
11.3 EdUHK reserves the right to, without prior notice, alter the requirements, instructions, specifications, guidelines, display formats, functionalities or manners of presentation of the Platform or any Services and to remove any file or any of its contents within the Platform either temporarily or permanently.
12 Disclaimer
EdUHK makes the Platform and the Services available to you on the understanding that you exercise your own skill, care and judgment with respect of your use of the Platform and the Services. EdUHK specifically does not make any warranty or representation as to the accuracy or completeness of any data or information submitted on the Platform or the accuracy or relevance of search results of Candidate Search. Under no circumstances shall EdUHK be liable for any loss, damage, liability or expense incurred or suffered which is claimed to have resulted from the access to or use of or inability to use the Platform or any Services including, without limitation, any fault, error, omission, interruption or delay with respect to them. You acknowledge and agree that EdUHK shall not be liable for any conduct of any user of the Platform. To the extent legally permitted, EdUHK disclaims any liability for any loss of data or personal information due to power failures or mechanical difficulties with information storage or retrieval systems, non-performance of third parties or other events beyond the control of EdUHK.
13 Governing Law & Jurisdiction
The Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong SAR, excluding conflict-of-law principles that would cause the application of the laws of any other jurisdiction. You hereby submit to the exclusive jurisdiction of the courts of Hong Kong SAR.
Should there be any discrepancy between the English and Chinese versions of the Terms of Use, the English version shall apply and prevail.