Please read the Agreement (as defined below) carefully before assessing to and/or using the Site (as defined below). By signing up for any Services (as defined below) and/or accessing to and/or using the Site, the relevant Recruiter acknowledges and agrees to be bound by the terms, conditions and other provisions of the Agreement.
means Hong Kong Cyberport Management Company Limited.
means, in connection with any Recruiter, any job advertisement uploaded, displayed and/or published on the Site by, pursuant to the instructions of, or for and on behalf of such Recruiter; “Job Seeker” means any individual using the Services or accessing to and/or using the Site other than as a Recruiter, who looks for job opportunities or browses the information on the Site generally.
means any CVs, employment information and such other materials, information and data provided, posted and/or made available on the Site by any Job Seeker, including any personal data of any Job Seekers.
means any potential employer or recruiter (and/or its employee, agent, representative or service provider) who accesses to and/or uses the Site and/or any of the Services.
means, in connection with any Recruiter, an account created for such Recruiter as identified by User ID and protected by password enabling connection and/or access to and/or use of the Services and Site as a Recruiter.
means, in connection with any Recruiter, the logos, trademarks, service marks and other brand features of such Recruiter as well as the intellectual property rights therein and thereto.
“Services” means any services that are accessible through the Site.
“Services” means any services that are accessible through the Site.
“Site”means the website located at “italent.cyberport.hk” and any other website, site and/or platform designated as such by Cyberport from time to time, including, but not limited to, their contents, databases and mobile applications.
- Recruiter’s Access to and Use of the Services and Site
Recruiter shall access to and use the Site for its own genuine employment, recruitment or talent identification purposes (the “Permitted Purposes”) only.
- Recruiter shall ensure that only its authorized personnel may access to and use the Services or the Site and all materials and matters related thereto. Recruiter shall at all times be solely responsible for any and all default, negligence, acts and/or omissions of its personnel.
- Recruiter shall be responsible for the use of its Recruiter Account for accessing to and use of the Services and the Site and for ensuring that all use of its Recruiter Account complies fully with the terms, conditions and other provisions of the Agreement. Recruiter shall not disclose any login password of its Recruiter Account to any third party and shall be responsible for the use of its Recruiter Account and for protecting the confidentiality and security of the password.
Any information obtained by Recruiter through the use of the Services or the Site including, but not limited, to any Profile or information downloaded by Recruiter from the Site must only be used by Recruiter in relation to the Permitted Purposes, and not for any other purpose whatsoever.
- The Profiles that Recruiter obtained through the use of the Site and any information of any Job Seekers which Recruiter has access to are for the Recruiter’s Permitted Purposes only, and Recruiter shall not sell, pass on, sub- license, disseminate, disclose or otherwise distribute any of the Profiles or any information thereof to any third party (including any of its subsidiaries, holding companies, subsidiaries of such holding companies and affiliated companies).
Recruiter is prohibited from using any data mining, robot, screen scraping or any similar data gathering, extraction or publication tool on/through the Site, including but not limited to for the purposes of establishing, maintaining, advancing and reproducing information and data contained on/in the Site on the Recruiter’s websites, sites, platforms, applications, products, services and publications, whether in online, digital or other format, except with Cyberport’s prior written consent.
A Recruiter Account will continue until either the relevant Recruiter or Cyberport terminates it by not less than one month’s notice in writing to the other.
After termination of a Recruiter Account, the relevant Recruiter will have no further rights to access the Services, provided that termination will not affect the rights or liabilities of either party that accrued prior to termination.
- Any provision in the Agreement which by its nature shall continue to have effect after termination shall survive termination of the relevant Recruiter Account.
Basic Terms of Job Listings
- Recruiter warrants and undertakes that all information, data and content provided to Cyberport in connection with its use of the Site (including but not limited to its Job Listings and Recruiter Logos) (collectively, the “Recruiter Contents”) is complete, true, accurate and up-to-date and shall comply with all applicable laws, regulations and rules in force from time to time.
- The submission of any and all forms of the Recruiter Contents constitutes a warranty by Recruiter to Cyberport that Recruiter has all necessary authorities and permissions for the uploading, display and/or publication thereof and that the Recruiter Contents and any part thereof and the publication and display thereof does not contain any material or information that is discriminatory, obscene, defamatory, libelous, slanderous or does not in any way infringe any copyright or any other intellectual property or related right or contravene, violate or constitute a breach of any applicable law, regulation or rule in force from time to time, including, but not limited to, the Employment Ordinance, Sex Discrimination Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance, Race Discrimination Ordinance and Personal Data (Privacy) Ordinance.
- All Recruiter Contents published and displayed on the Site shall be verified and provided by Recruiter. Cyberport may, but has no obligation to, review or approve the Recruiter Contents.
- Recruiter shall be solely responsible for all the contents of and materials contained in the Recruiter Contents published and displayed on the Site. Cyberport is not responsible for any content of the Recruiter Contents, including, but not limited to, any error and/or inaccuracy in the Recruiter Contents.
- To safeguard the privacy of personal data of Job Seekers with security, Recruiter Contents shall not include any links and phone numbers to another site or party.
- If any of the Recruiter Contents links to another site via the Redirect URL For Applications option, Recruiter shall be solely responsible for maintaining the links and for the contents of the linked sites. Cyberport shall not accept any responsibility for any content on any third-party sites and platforms published and/or displayed on the Site.
- By submitting any Recruiter Contents, Recruiter unconditionally and irrevocably grants to Cyberport all necessary authorisation and permission to deal with such Recruiter Contents in accordance with the terms and conditions of the Agreement.
- Job Listings
- Job Listings shall be made for Recruiter’s Permitted Purposes only.
- Recruiter warrants that all particulars in the Job Listings shall be accurate, honest and truthful and shall comply with all applicable laws, regulations and rules in force from time to time.
- Recruiter shall only advertise one job role per Job Listing. Such job role shall only be posted once within seven (7) days. Each Job Listing will be published and displayed on the Site for a maximum of thirty (30) days.
- All the then-current job roles on the Site will be searchable on the Site’s Job Listing pages.
- To increase exposure, Recruiter acknowledges and agrees that its job advertisements through the Job Listings on the Site may be referred to in the sites and platforms of Cyberport’s business partners, unless Recruiter requests in writing that such reference shall not be made.
- Social Media Promotion
If Recruiter shares or promotes its Job Listings through any other social media,
- Dealing with Job Seekers
- Recruiter’s communications and business dealings with Job Seekers made on and/or through the Site or pursuant to the Services are solely between such Recruiter and such Job Seekers. Cyberport is not involved in any way in any such communications or dealings, and Cyberport shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such communications or business dealings or any breach of any terms and conditions of the Services or the Site by any Job Seekers, including, but not limited to, tortious liability and negligence.
- Cyberport does not warrant or guarantee the accuracy of any of the Profiles or any information provided by Job Seekers. Should any dispute arise between Recruiter and any Job Seeker, such Recruiter and such Job Seekers should resolve such disputes between themselves and Cyberport shall not be responsible and held liable for any dispute thereof.
- Intellectual Property Rights
- Recruiter shall retain all titles, copyrights and other intellectual property and proprietary rights in and to the Recruiter Contents published and displayed on the Site.
- Recruiter grants to Cyberport a non-exclusive, worldwide, irrevocable, fully-paid up, royalty-free right and licence to use, copy, store, archive, distribute, transmit, publicly publish, and publicly display the Recruiter Contents, in whole or in part, on the Site and any and all social media and social networking sites under accounts operated or held by Cyberport for the purposes of providing the Services.
- All rights, titles and interest in and to any and all of the Services, the Site and all contents and materials contained therein/thereon (other than the Recruiter Contents) and the Cyberport’ logos, trademarks, service marks and other brand features (collectively, the “Cyberport Contents”) as well as their intellectual property and proprietary rights (including without limitation all rights therein under copyright, design rights, moral rights, trademarks, service marks, patent, know-how, confidential information, domain names, trade dress, trade secret) shall remain exclusively with Cyberport.
- Recruiters may not copy, reproduce, modify, publish, display, transmit, distribute, store, sell, transfer, create derivative works from, or in any way exploit, any of the Cyberport Contents, in whole or in part. Except as otherwise expressly permitted under copyright and other intellectual property laws, no copying, modification, retransmission, redistribution, publication, display or commercial exploitation of any material of the Cyberport Contents will be permitted without the express permission of Cyberport and the relevant licensors in advance. In the event of any permitted copying, retransmission, redistribution, publication or display of any of the Cyberport Contents (the “Permitted Act”), no changes in or deletion of any author attribution, trademark legend, copyright notice or other proprietary notice shall be made. Recruiter acknowledges and agrees that it does not acquire any ownership right of any of the Cyberport Contents or through its exercise of any Permitted Act.
- Amendments to Terms
Cyberport shall have the right at any time to change and/or modify the terms, conditions and other provisions in the Agreement applicable to Recruiter’s access to and use of the Site or the Services, and/or any part thereof, and to impose new terms and conditions, including, but not limited to, introducing fees and charges for use. Such changes, modifications, additions and deletions shall be effective immediately upon notice thereof, which may be given by means including by posting on the Site, or by electronic or conventional mail, or by any other means as reasonably decided by Cyberport. Any continued access to and/or continued use of the Site by Recruiter after such notice shall be deemed to constitute acceptance by Recruiter of such changes, modifications, additions and deletions. Cyberport, however, will not introduce any new or additional fees and charges for use against Recruiter unless the Recruiter’s prior agreement is obtained.
- Suspension & Termination upon Breach
Cyberport reserves the right at all times to suspend, prohibit and/or deny the Recruiter’s access to and/or use of the Site (or any part thereof) and/or any Services offered on or through the Site immediately and without notice, and without any compensation or recourse, where Cyberport is of the opinion that such Recruiter has breached any of the terms, conditions and other provisions under the Agreement.
- Changes to the Services and Site
Cyberport shall have the right at any time to change, modify or discontinue any aspect or feature of the Services and the Site, including, but not limited to, products, services, contents, hours of availability, and equipment needed for access and/or use. Notification of such change, modification or discontinuation will be given by means, including, but not limited to, by posting on the Site, or by electronic or conventional mail, or by any other means deems appropriate by Cyberport.
Cyberport will use reasonable endeavours to ensure that the Site is available for access at all times. Notwithstanding this, Cyberport and its third party service providers may be required to undertake maintenance and upkeep of the Site from time to time. In any event, Cyberport provides no warranty to Recruiters that the Services generally available through the Site will be uninterrupted, error free or delay free.
Recruiter shall indemnify and keep indemnified Cyberport, its directors, officers, employees, agents, contractors, third party content providers and licensors (collectively the “Indemnified Parties” and each an “Indemnified Party”) in respect of all losses, damage, costs and expenses including legal fees arising directly or indirectly from: (i) the uploading, publication and/or display of any of the Recruiter Contents; (ii) a breach of any of the terms, conditions and other provisions of the Agreement by Recruiter or any persons using its Recruiter Account; (iii) any negligent or improper use of the Site by Recruiter or any persons using its Recruiter Account; and/or (iv) any third party claims against any of the Indemnified Parties because of (i), (ii) or (iii) above in this Section. In any case where a claim is or may be made or threatened against any of the Indemnified Parties of which Cyberport is aware, Cyberport will give notice in writing to Recruiter and will take reasonable steps to consult with Recruiter before any claim is settled, defended or otherwise determined provided that a failure to consult shall not affect Recruiter’s liability under the Agreement.
- Disclaimer of Warranties; Limitation of Liability
- Recruiter expressly agrees that use of the Site is at its sole risk. Neither Cyberport nor any of its directors, officers, employees, agents, contractors, third party content providers or licensors (collectively, the “Cyberport Parties”) warrants that the Site and its servers will be uninterrupted, error and delay free; nor do they make any warranty as to the results that may be obtained from access to or use of the Site, or as to the accuracy, timeliness, authenticity, completeness, reliability of content of any information, service, or product provided on or through the Site.
- The Site is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to the Agreement.
- This disclaimer of liability applies to any damages or injury caused by any failure of performance, omission, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious liability, negligence, or under any other cause of action. Recruiter specifically acknowledges that none of the Cyberport Parties shall be liable for any defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the relevant users or third parties (as applicable).
- To the maximum extent permitted by the applicable laws, in no event will Cyberport or any person or entity involved in creating or producing the Site be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the access to, use of or inability to access to or use the Site. Recruiter hereby acknowledges and agrees that the provisions of this section (disclaimer of warranty; limitation of liability) shall apply to all contents on/in the Site.
Cyberport shall have the right, but not the obligation, to monitor the contents of the Site, to determine compliance with the Agreement and any operating rules established by Cyberport and to satisfy any law, regulation or governmental request. Cyberport shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, Cyberport shall have the right to remove any material that Cyberport, in its sole discretion, finds to be in violation of any provision in the Agreement or otherwise objectionable, without having to give any reason or provide any notice to any Recruiters.
Unless otherwise expressly provided in the Agreement or required for performing its obligations hereunder or as requested by or pursuant to law or regulatory bodies or with the prior written consent of the other party to the Agreement, neither party shall disclose, reveal or make public except on a confidential basis to the staff, professional advisers or contractors of that party any information that it has received from the other party pursuant to the Agreement on a confidential basis, all of which shall be strictly confidential.
- No waiver by either party of any breach or default under the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
- The illegality, invalidity or unenforceability of any provision of the Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdictions nor the legality, validity or enforceability of any other provisions.
- The Agreement does not create any agency, employment, joint venture, partnership, representation or fiduciary relationship between the parties to the Agreement. Neither party shall have the authority to create any obligation on behalf of the other party.
- Cyberport will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including, but not limited to, acts of God, boycotts, embargoes, governmental restrictions, quarantine orders, terrorist attacks, wars, war-like action, civil commotion, riots, uprising, revolutions, earthquakes, epidemics, pandemics, other infectious diseases, other natural occurrence.
- Recruiter shall not assign, transfer or sub-license any of its rights or obligations under the Agreement without the prior written consent of Cyberport, whose consent shall not be unreasonably withheld, delayed or conditioned. Cyberport may assign, transfer or sub-license any of its rights or obligations under the Agreement to any third party by giving not less than one month’s notice to Recruiter.
- The Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Both parties agree to submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
- The parties to the Agreement expressly agree and acknowledge that the terms, conditions and other provisions of the Agreement shall not be enforceable by and do not confer any right on any person, entity or third party who is not a party to the Agreement.