- This Use Agreementof Job-Like System (hereinafter referred to as the “Agreement”),states the terms and conditions related to theuse of Job-Like System (hereinafter referred to as the “System”)that the features set out in the next article,wherein PT. SPEEE RECRUITMENT NUSANTARA (hereinafter referred to as “Our Company”)reserves the right to provide it, thereby allthe job seekers (hereinafter referred to as the “User”) who use all ofthe System shall follow the Agreement, unless there is separated writtenagreement (including email) with Our Company.
- By starting to use the System, the User is indicatingthe acceptance to be bound by agreement related to use ofthe System (means “System Use Agreement”) between User and Our Company.
- Our Company reserves the right to amend, add,or delete the Agreement without prior notice.In the case the User uses the System after Our Company has postedthe amendment of Agreement on the System, it shall indicate thatthe User agrees with the amended Agreement.In the case the User disagrees with the amendment, addendum or deletion of the Agreement,then must notify Our Company in written (including e-mail), and immediatelyto terminate the Use Agreement of the System.
Features of the System
- The System granted by Our Company to the User to be used has the following features.
- Registering the resume data of the User.
- Searching the company posting job vacancy advertisement (hereinafter referred to as the “Employer”).
- Applying for the Employer.
- Sending and receiving messages between the User and the Employer.
- Posting or viewing the evaluation of the Employer.
- Browsing columns on job hunting activities.
- Other features determined by Our Company
- Our Company reserves the right to add or to delete features ofthe System at any time. In this case, Our Company shall give prior notice to the User.
- Our Company reserves the right to add or to delete features ofthe System at any time. In this case, Our Company shall give a prior notice to the User.
- In accordance with provisions of the Agreement,Our Company hereby grants the User a non-transferableand non-exclusive right to use the System.
- Regarding the right to use that Our Company granted tothe User in the preceding clause, regardless of whether ornot compensation is received, the User may not transfer, sell,lend, and do the similar things to the third party.
- The User may not copy, modify, analyze software that formatsthe System, and develop program which modifies data of the software.
- By applying to use the System, the User agrees to comply with the Agreement,and Our Company may require to send the application after fillingan application form in the System with name, address,and other items designated by Our Company (hereinafter referred to as “Registration items”).
- Registration must be applied by the User himself/herself,and regardless Our Company shall approve or not,the application done by the representative shall not be approved.Moreover, the User must provide true, correct,and the latest information to Our Company when applies the registration.
- Our Company shall judge whether to approve the registration fromthe User or not based on our standard, and in the caseOur Company approve it, we shall notify the User by sending e-mail,wherein this notification shall approve application of use(hereinafter referred to as “Registration”), and by having this approval,the System Use Agreement shall be formed.
- Our Company shall refuse registration for any of the following reasons,or there is a possibility to correspond to any of the following.We shall not notify refusal reason to the User. Moreover,each item of the following reasons are some examples forOur Company to be able to refuse registration,wherein the judgement whether to approve or to refuse the registrationshall be according to Our Company’s sole discretion.
- Not fulfilling Our Company’s internal examination standard.
- Breach of the Agreement or there is risk to breach, according to Our Company’s sole judgment.
- All or any part of the registration items are not true, error in filling or lacking of input.
- The one who has solely cancelled the use of system or that the one has been cancelled by Our Company previously.
Amendment and Confirmation of Registration Items
In the case there are amendments to registration items,the User must immediately notify the amended items toOur Company based on the method determined by Our Company.
ID and Password
- In order to operate the System, Our Company shall givethe set of ID and password needed (hereinafter referred to as “IDs”)to the User. IDs shall be given for each feature of the System.
- IDs given by Our Company to the User are limited only to the User himself/herself.
- IDs given by Our Company may be changed with prior notice to the User.
- The User may be responsible for managing the given IDs strictly.The User may not hand over nor lend IDs to the third party,or to let them using it to log in into the System.
- As long as the User’s access to the System is done accordingto operation and connection using the right IDs set by Our Company,we shall consider it as a justifiable use.
Handling of Personal Information
- Regardless the System Use Agreement still takes effect orthe period has ended, the User shall consent his/her personal informationto be used as marketing tool wherein Our Company nor the outsourcing partiesmay not be able to identify the individual.
- The User may use the System for free.
- In the event that Our Company provides fee-based features in the future,we will inform the User about the feature and its usage fee according to Article 2, Paragraph 2.
- The User may not do the following acts related to the System:
- Using the System for the purpose other than job-hunting
such as searching the Employer, applying to the Employer, evaluating the Employer.
- Making copy and analyzing the program that format the System.
- Handing over or lending the right to receive the System（ whether with or without consideration).
- Having the System reused by a third party.
- Leaking the information obtained by using the System to a third party.
- For the purpose of measuring, comparing, researching of the availability/performance/features/interfaceof the System or for other similar purposes.
- Conducting infringement of intellectual property rightsuch as copyright and trademark right ownedby Our Company or others (including the Employer),or something with a risk of such infringement.
- Conducting infringement of other people’s property,privacy or portrait right, or something with a risk of such infringement.
- Discriminating or slandering and insulting other people unfairly,encouraging unfair discrimination to other people,or impairing reputation and trust (for example; spread of rumor).
- Illegally changing or deleting information stored in Our Company’s equipment.
- Using the System by pretending to be other Users.
- Sending or posting harmful computer program or the like containing virus etc.
- Giving trouble to usage or operation of other User’s equipment etc.or equipment for the internet connection service, or something with a risk of trouble.
- Knowing about each item of action mentioned above,nonetheless pasting link for the purpose or for the aspect of encouraging those actions.
- Violation of law, public order and morals, or infringement ofother people’s right as solely judged by Our Company.
- Using the System for the purpose other than job-hunting
- In the event User violates things mentioned on the preceding clause,Our Company shall close or delete the information registered by the User,and stop the User using the System.
Intellectual Property Right
- Copyright, patent rights, trademark right, and all ofintellectual property rights therein related tothe System (hereinafter referred to as “Intellectual property rights”）are owned by Our Company or third party which givesOur Company a permission to use those rights.
- The User shall only have the right to usethe System in accordance with the System Use Agreement,and shall not obtain all of Intellectual Property Rights.
Disclaimer and Warranties
- The User shall guarantee that neither one ofthe following matters is intended on his/her informationsuch as resume data or evaluation forthe Employer (hereinafter referred to as “Registration Information”.
- Violation of law, government ordinance, ministerial ordinance, and other regulations.
- Infringement upon intellectual property rights of a third party such as copyright and trademark right.
- Infringement upon personal rights (example: reputation, credibility, privacy, portrait) or property rights of a third party.
- Each action stipulated on Article 10 Clause 1.
- In the case the Registration Information contains either oneof things mentioned on the preceding clause, or there is risk of doing those things,Our Company shall close or delete the Registration Information concernedand stop the User using the System.
- In the case the User conducts one of those mentionedon Clause 1 and results a conflict with Our Company or with a third party,the User shall be solely responsible to settle it and the expenses incurredthereby shall be borne by the User, without causing any trouble to Our Company nor to third party.
- Regarding any quality and feature of content and all other information providedin the System, Our Company shall not guarantee the completeness,the accuracy, and the usefulness in technical wise as well as commercial wise.Moreover, Our Company shall not be responsible for deletion or disappearance ofthe User’s information, disappearance of data or failure and damage of equipmentby using the System, and any other types of damages (including, but not limited to,indirect damage, special damage, accompanied damage, derivative damage,and loss of income incurred by the User related to the System).
- Our Company shall not be responsible for any contentsand results of the User’s job huntingactivities by using the System.
- The User shall be solely responsible for proceeding his/her job hunting activities,while Our Company shall not be responsible although trouble happens betweenthe User and the Employer or a third party related to the use of the System,unless a result of willful misconduct or gross negligence of Our Company.
Outsourcing and Business Tie Up
Our Company shall outsource all or any part ofworks related to providing the System toa third party (including our affiliation companies),or have a business tie-up with the third party concerned.
Suspension of System
- Our Company may occasionally restrict the System for regular maintenance.There shall be an announcement in advance regarding the date and time andperiod of maintenance via System.
- In some following cases, Our Company shall suspend all orany part of features of the System without prior notice to the User.
- Any necessity to urgently maintain, overhaul, modify the System, and to replace equipment.
- Unexpected circumstances such as natural disaster, riot, war, or strike occur.
- When electricity supplied by electric power company breaks,or there is transmission disorder of internet etc. provided by telecommunication operator; and
- Force majeure that Our Company shall not be responsible.
- In the event damage happens to the User due to System’s disorder and suspension,Our Company shall not be responsible, unless the damage is a result ofwillful misconduct or gross negligence of Our Company.
- In the event damage happens to the User due to the Usersolely breaches the Agreement,Our Company shall not be responsible.
- In the event either the User or Our Company breach the Agreement andcause damage to the other party or a third party, the damage must be compensated.However, in any case, the party concerned, the affiliation companies,or their respective directors, board of auditors, shareholders, officers, employeesor the agents, shall not be responsible or liable to the other party againstany indirect damage, special damage, accompanied damage, derivative damage,loss of income, defame, and other damages caused by illegal act, due to actionor forbearance as breaching of the Agreement or fulfillment of the Agreement.
- In the event System is not able to use due to the matters statedon the preceding article Clause 1 or Clause 2 and resulted damage to the User,Our Company shall not be responsible whatsoever.
- The User must be solely responsible for securing an important data backup,therefore in the case the User’s data stored in the System got loss and damage,Our Company shall not be responsible, unless a result of willful misconduct orgross negligence of Our Company.
The System Use Agreement shall remain in force until the User terminates the use of the System.
Steps When Expiration of Use Agreement
- In the case the System Use Agreement expires,Our Company shall invalidate IDs we gave to the User,and shall delete data which is able to identify a personal or the Userin information of the User that remains on the server.
- The User must be responsible to secure an important data backup,therefore Our Company shall not be responsible for data loss due to deleting dataas mentioned on the preceding clause.
- In the event the User conducts either one of the following things,Our Company reserves the right to terminate the System Use Agreement immediately without notice.
- Violation of one of the provisions in the Agreement.
- In case the User is the member of a group using violent means such as gang,mafia and terrorist or other similar groups.
- In the event scope that is necessary to decide agreement termination throughthe court regarding termination of the System Use Agreement,the application of Indonesia Civil Law Article 1266 shall be excluded.
Applicable Law and Competent Jurisdiction
- These Agreement or usage of the System will be subject to the laws of Indonesia.
- Jurisdiction for any dispute arising related to the Agreement orusage of the System, shall be finally settled in Singapore,obey arbitration regulation of Singapore International Arbitration Center,and being done as the arbitration procedure of the center.Number of the arbitrator is 1 (one), and language used for arbitration is English.
Should there be any doubt regarding the Agreement orany matter that not be able to decide, discussion shall be held according tothe principle of good faith, to reach resolution.
- The Agreement are made both in English and in Indonesian,and in the event there is discrepancy between English version and Indonesian version,then the English version shall be prioritized in accordance with the applied law,and the Indonesian version shall be amended automatically by adjusting content of the English version.
- If any provision of the Agreement or the application ofcertain condition of provisions shall not remain effective or unenforceable,it shall not affect the validity of any remaining parts of the Agreement,and the remaining each provision shall be effective completely and legally bound.In the event there are parts that not remained effective, both parties shall agreesincerely to rearrange provisions that are not legally effective or unenforceable,with provisions that as close as possible to be effective and provisions that have legal binding force.