15 July 2019
In these Terms, the following terms shall have the meanings set forth below:
"Employer" refers to an employer who lists job opportunities or a company profile on TalentTribe, or is logged into an Employer account.
"Job Seeker" refers to an individual user who accesses the Site, or is logged into a Job Seeker account.
"Personal Data" refers to personally identifiable information about individuals including their name, phone number, email address, contact details, resume and other personal information incidental to such individual’s interaction with the Services, but excluding any business contact information.
"Services" refers to the services available on or through the Site.
"Users" collectively refer to Employers and Job Seekers, and each are referred to as "User".
"User Content" refers to information posted by Employers and Job Seekers, or posted by TalentTribe on behalf of Employers or Job Seekers, in the form of text, images, photographs, video, audio and graphics that are available on the Site.
"Website Content" refers to all information, text, images, data, links, or other material posted on the sections of the Site: (i) that are publicly available; and (ii) which you have the right to access, whether created by us or provided by a third party for display on the Site.
- ACCEPTANCE OF TERMS
Please read these Terms carefully as they create a binding contract between you and TalentTribe. If you are an individual, you represent and warrant that you are at least 18 years old and that you have read, understood and accepted these Terms. In the event that you are below 18 years of age, you confirm that you have your parent’s or legal guardian’s consent to these Terms.
By accessing and using any part of the Site or Services, you unconditionally agree and accept to be legally bound by these Terms. Please review these Terms before using the Site or Services. If you do not agree to these Terms, then you must immediately discontinue your use of the Site and the Services.
We reserve the right to change these Terms from time to time for any reason. It is your responsibility to check these Terms periodically for changes. Your continued access to the Site and use of the Services shall be deemed as having read, understood and accepted the revised Terms published on the Site.
- ACCESS TO SITE AND SERVICES
TalentTribe is entitled to change the content or specifications of the Site and/or Services, and may alter, suspend, or discontinue the Services in whole or in part, at any time and for any reason, without notice. The Site and/or Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
You confirm that you are aware of and acknowledge that TalentTribe shall have no liability in respect of such potential alteration, suspension, discontinuance, unavailability and/or removal.
If you use our Site on your mobile device, your mobile carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your mobile carrier as a result of use of the Services. You are responsible for ensuring that at all times while using the Services you are not in violation of your wireless data service agreement. You are solely responsible for all fees and costs associated with your access to and use of the Services.
- DATA PRIVACY
- REGISTRATION AND ACCOUNT SECURITY
The Services offered on the Site may require you to register for an account (“Account”). The access to such Services will depend on whether you are registered and logged in as a Job Seeker or Employer.
When creating an account, you are obligated to register information that is complete, true and accurate, and to personally amend registered content, as appropriate, to ensure that such content is up-to-date. You agree that when registering for an Account, you shall not use the email address of another person with the intent to impersonate that person.
You are entirely responsible for maintaining the confidentiality of the information you hold for your Account, including your password and all activity that occurs under your Account. You are personally liable for all acts performed via your account. TalentTribe is entitled to deem any act performed via your account to be an act committed by you. You must notify us immediately of any unauthorised use of your Account or any other breach of security.
You may not use another person’s Account without the express consent of the holder of the Account.
- USE OF SITE AND SERVICES
You represent, warrant and covenant that:
- You will not reproduce, duplicate, republish, copy, sell, resell, upload, post, transmit, distribute, publicly display, publicly perform, adapt, modify, create derivative works from or otherwise use and exploit any portion of, use of, or access to the Site, Website Content or the Services without the prior written permission of TalentTribe, except as permitted by these Terms or the terms and conditions of the relevant Employers as applicable;
- You will assume responsibility for controlling how your Personal Data is disclosed or used on the Site, including, without limitation, taking appropriate steps to protect such information;
- You will only use this Site for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of this portal;
- You will not cause distress or inconvenience to any person, solicit personal information from any Users, or disrupt the normal flow of dialogue within this portal;
- You will not use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
- You will not post or transmit any inappropriate, offensive, racist, hateful, sexist, obscene, pornographic, false, misleading, infringing, defamatory, libellous, harmful, defamatory, discriminatory, harassing, threatening, abusive, blasphemous, illegal, improper or is otherwise objectionable content;
- You will not delete, revise or remove any material posted by any other person or entity;
- You will not remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
- You will not use the Site in any manner that infringes the intellectual property rights or proprietary rights of others;
- You will not upload, post, publish, transmit, distribute, circulate or store any material in whatsoever way relating to the Site 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;
- You will not frame or mirror any part of the Site without our express prior written consent;
- You will not create a database by systematically downloading and storing Site content;
- You will not use 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;
- You will not use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service;
- You will not print, download, duplicate, transmit or otherwise copy, reproduce, re-distribute, republish or use any personally identifiable information about other users save and except that the Employers may use Job Seekers’ resumes and related information, for the purpose of recruiting and assessing the suitability of Job Seekers;
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Services;
- You will not interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks;
- You will not upload, post, publish, transmit, distribute, circulate, store any material in whatsoever way relating to the Site, or otherwise make available in connection with the Site any viruses, trojan horses, worms, corrupted files or other materials or programs that may interrupt, damage or limit the functionality and operation of the Site, the Services, or of any computer software or hardware or telecommunication equipment;
- You will not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable programme you must contact us and we may provide interface data subject to verification of your identity and other information;
- You will not violate or attempt to violate the security of the Site including, without limitation, accessing data not intended for you or logging into a server or account which you are not authorised 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-mails, including promotions and/or advertisements for products or services. Violations of system or network security may result in civil and/or criminal liabilities, including under the Computer Misuse Act (Cap. 50A) and the Spam Control Act (Cap. 311A);
- You will not upload, post, publish, transmit, distribute, circulate or store any material in whatsoever way relating to the Site in the manner that causes unrest in politics, religion, national security or stability of TalentTribe;
- ADDITIONAL TERMS FOR JOB SEEKERS
You agree that you shall only use the Site for lawful purposes and seeking employment. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or information uploaded to the Site. You agree that you shall not:
- Post incomplete, false or inaccurate resume information or data on the Site; or
- Respond to any job vacancy advertisement for any reason other than to apply for the job advertised.
You agree and consent that your resume and related information or data may be assessed by Employers who have subscribed to the services of TalentTribe for the sole purpose of recruiting and assessing the suitability of potential employees.
TalentTribe will not be responsible or held liable in any way if any Employer or person in breach of these Terms, whether in Singapore or elsewhere, uses the Job Seeker’s personal data, information or materials for any purpose other than for recruiting potential employees. You accept that all personal data, information or material given to the Employers or submitted on or through the Site are given entirely at your own risk.
You confirm and acknowledge that you disclose your Personal Data and all other information to the Employers and/or TalentTribe of your own volition when you apply for available job vacancies posted on or through the Site, and/or when you use the Site for purposes of submitting, uploading or posting your resume on the Site. By submitting, uploading or posting your resume on the Site, you authorise TalentTribe to store your resume, Personal Data and information related thereto in the database of TalentTribe (“Database”), at your own risk unless and until you choose to delete them.
You may send your resume and the related information or data directly to any Employer who advertises on or through the Site. Alternatively, you may send your resume and the related information or data to TalentTribe through the Site in reply to any job advertisement.
You acknowledge and agree that your resume and the related information or data may be accessed by the Employers who have subscribed to the services of TalentTribe for the sole purpose of recruiting and assessing the suitability of Job Seekers.
TalentTribe also reserves the right to reject, disapprove or edit any part of the Job Seeker’s resume and information or data related thereto as it sees appropriate and to erase any personal data which TalentTribe reasonably believes that such information or data are inaccurate, false, illegal, unlawful, infringe copyright / trademark / trade name / trade secret or infringe any other intellectual property rights or invade the privacy of the other having regard to the purpose (including any directly related purpose) for which the data are or are to be used.
You acknowledge and agree that TalentTribe:
- May charge Employers a fee for access to the Site, the Database and/or Job Seekers’ resumes, details and information or data related thereto for the sole purpose of recruiting and assessing the suitability of Job Seekers and subject to the terms herein. You also recognise that you shall have no claims to any such fee received by TalentTribe.
- May use your personal data (without your name, address and other personal identifiable information) for marketing purposes which may be directed to either potential Employers, their respective agents or anyone under their employment.
Although TalentTribe shall use its reasonable endeavours to restrict access to the Database only to the Employers and personnel of TalentTribe, it does not guarantee that other parties will not, without TalentTribe’s consent, gain access to the Database.
TalentTribe will not be responsible or held liable in any way if any Employer or other parties, in breach of the Terms, whether in Singapore or elsewhere, uses the Job Seeker’s personal data, information or materials for any purpose other than for recruiting potential employees. Job Seeker accepts that all personal data, information or materials given to Employer or other users, or submitted on or through the Site, are given entirely at your own risk.
- ADDITIONAL TERMS FOR EMPLOYERS
You are solely responsible for the content and material you post on the Site. You agree that you shall only use the Site for lawful purposes and promoting any job related activities. You agree that you shall not use the Site to:
- Post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to employment, data privacy and intellectual property;
- Sell, promote or advertise products or services;
- Post any franchise, pyramid scheme, distributorship or multi-level marketing opportunity;
- Promote any activity that does not represent bona fide employment;
- Advertise sexual services or seek employees for jobs of a sexual nature;
- Respond to, or reach out to, any Job Seeker other than in connection with your job application. Any communications or use of the Site for any purposes other than recruitment purposes, including but not limited to soliciting of donations or business for any reason, are strictly prohibited.
Subject to these Terms and any contract you may have with TalentTribe, you are entitled to access Job Seekers’ resume and any other account information provided to you by TalentTribe for the purpose of recruiting and assessing the suitability of Job Seekers. You agree that all information or data obtained as a result of such access shall only be used for the sole purpose of recruiting and assessing the suitability of Job Seekers and that such information or data shall not be disclosed to any other parties without the express consent of the Job Seeker concerned. Employer acknowledges and agrees that it shall disregard any information or data received from Job Seeker which is irrelevant to recruiting and assessing the suitability of Job Seekers.
Employer shall be solely responsible for the contents of and materials contained in its job and/or company listing posted on the Site. TalentTribe reserves the right to remove or edit, or require the removal or amendment of, any content or material uploaded by the Employer as it sees appropriate, or to terminate or suspend the Employer’s access and use of the Site and/or services offered on or through the Site, in accordance with the agreement for such services between Employer and TalentTribe.
TalentTribe shall have the right to terminate any services offered to any Employer and to remove any job and/or company listing posted on the Site at TalentTribe’s sole discretion, at any time for any reason, without any compensation or recourse to Employer in the event that the relevant Employer or the contents of the relevant advertisement and/or web page is or are in breach of any of the provisions herein; whereas, in the event that TalentTribe decides to remove a job and/or company listing for any reasons not relating to any breach of the provisions herein, TalentTribe may after deducting any fees charged for the period that the job and/or company listing has been posted on the Site, refund the remaining fees (if any) to the relevant Employer.
From time to time TalentTribe may invest in marketing campaigns to promote your employer brand (including but not limited to Google ads, Yahoo – Bing ads, Baidu ads, Facebook ads, Twitter ads, ad networks, Demand Side Platforms, Real Time Bidding, retargeting and other programmatic buying strategies) and acknowledge that such promotion may be outside the domain of TalentTribe, our subsidiaries or affiliates.
TalentTribe 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 Employer fails to pay the service fee or any other fees or charges due to TalentTribe, TalentTribe reserves the right to suspend or terminate the Employer’s access to TalentTribe’s Services without prejudice to all other rights and remedies available to TalentTribe.
- LINKS TO EXTERNAL WEBSITES
The Site may contain links to websites which are not operated or controlled by TalentTribe, whether for marketing purposes or otherwise. TalentTribe makes no representation or warranty whatsoever in respect of any linked web site and shall not be responsible for the content of any linked website. Any non-TalentTribe website accessed from the Site is independent from TalentTribe, and TalentTribe has no control over the content of that website. In addition, a link to any non-TalentTribe website from the Site does not imply that TalentTribe endorses or accepts any responsibility for the content or use of such website.
Your use of external websites and resources is at your own risk, and you are responsible for exercising caution and good judgment when using external websites.
- LINKS FROM EXTERNAL WEBSITES
You may create a link to this Site, provided that:
- The link is fair and legal and is not presented in a way that is misleading or could suggest any type of association, approval or endorsement by us that does not exist, or harmful to our reputation or the reputation of any of our affiliates;
- You retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.
- We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link within 3 business days of notice.
- WEBSITE CONTENT
Subject to these Terms, TalentTribe hereby grants to you a personal, non-transferable, non-exclusive, non-sublicensable right and licence to access and use the Services, and all Website Content therein, solely within the scope of your status as an Individual.
TalentTribe severally reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes. TalentTribe reserves the right to remove, edit, modify or otherwise manipulate any Website Content without notice to you for any reason or for no reason at all.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site, Services or any Website Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Site.
- USER CONTENT
TalentTribe reserves the right to remove or block any User Content uploaded by you without notice to you for any reason or for no reason at all.
TalentTribe is not responsible or liable for the conduct of Users or for views, opinions and statements expressed in User Content submitted for display through the Services. Information submitted to the Site is not screened. With respect to such User Content posted on or through the Services, the Site acts as a passive conduit for such distribution and TalentTribe is not responsible for such User Content.
Any opinions, advice, statements, services, offers, or other information in the Services provided by Users are those of the respective author(s) or distributor(s) and not of TalentTribe. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Content.
You are responsible for ensuring that User Content submitted to or through the Services is not provided in violation of any applicable laws, including without limitation, laws relating to defamation, libel and slander, laws of confidentiality and non-disclosure, and laws relating to copyright, trade secret or other intellectual property rights of another person or entity or of any applicable law.
You shall be solely liable for any damages resulting from any infringement or breach of any applicable laws, including without limitation, relating to defamation, libel and slander, and laws relating to copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of User Content on this Site. TalentTribe shall not be responsible for any breach of any contractual obligation or infringement of any third-party rights.
TalentTribe has the right, but not the obligation, to monitor User Content submitted through the Services or posted on the Site, to determine compliance with these Terms and any other applicable rules that we may establish, from time to time.
TalentTribe has the right in our sole discretion to edit or remove any material submitted to or posted through our Site or Services, without ascribing any reasons whatsoever.
Without limiting the foregoing, TalentTribe has the right to remove any material that TalentTribe, in our sole discretion, finds to be in violation of these Terms or otherwise objectionable, and you are solely responsible for the User Content that you post on or through the Site or Services.
Under no circumstances will TalentTribe be liable for any loss or damage caused by your reliance on any information communicated or provided on the website or through the services, or any information contained when you access the website as an individual.
All website content and user content and information on or accessible from the services are provided “as is” without warranty of any kind, either express or implied. To the fullest extent permitted by law, TalentTribe does not warrant and TalentTribe hereby disclaim any warranty:
- As to the accuracy, correctness, completeness, reliability, availability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Website Content or User Content or the Services; and
- That the Site, the User Content and/or the Website Content or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this website and the server is and will be free of all viruses, worms and/or other harmful or invasive elements.
TalentTribe shall not be liable for any injury, damage or loss of any kind caused as a result (direct or indirect) of the use of the website, including but not limited to any injury, damage or loss suffered as a result of reliance on the contents contained in or available from the website. Neither TalentTribe nor our affiliates shall have any responsibility or liability for any injury, damage or loss caused by any negligence, omission or fault of TalentTribe, and/or their respective employees, agents or sub-contractors in connection with the website.
TalentTribe shall not be responsible for the interaction between you and/or other users and/or any third party. TalentTribe is not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of other users and/or any third party, including, but not limited to, any user’s reliance upon any information provided by such other users and/or any third party.
TalentTribe does not control content from other users and/or any third party posted on the website and, as such, TalentTribe does not guarantee in any manner the reliability, validity, accuracy or truthfulness of such content.
You also understand that using the services may expose you to content that you consider offensive, indecent, or objectionable. TalentTribe does not have any responsibility to keep such content from you or bears any liability for your access or use of any submitted content, to the extent permissible under applicable law.
TalentTribe cannot or does guarantee that any Personal Data supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
You hereby agree to indemnify, hold harmless and defend TalentTribe, and our respective affiliates, officers, directors, agents, partners, employees, licensors and representatives from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, legal fees, resulting directly or indirectly from a claim that arises in connection with your use of the Site or Services.
Notwithstanding the indemnification given by you, TalentTribe shall have the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you under this clause, and in such case, you agree to fully cooperate as reasonably required with such defence and in asserting any available defences.
- LIMITATION OF LIABILITY
In no event shall TalentTribe, our affiliates, officers, directors, agents, partners, employees, licensors and/or representatives be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorised access to or use or misuse of the Site, Services, content, questions, comments, or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if TalentTribe has been advised of the possibility of such damages or losses.
- PROPRIETARY RIGHTS
This Site, including the Website Content, is protected by copyright, trademarks and other forms of proprietary rights. All rights, title and interest in the Website Content are owned by, licensed to or controlled by TalentTribe.
Unless otherwise stated in the copyright attribution of any Website Content, TalentTribe has the sole copyright to all works on the Site and in the Services.
All rights reserved. No part of any works on the Site may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, whether electronic, mechanical, photocopying, recording, or otherwise, without written permission from TalentTribe.
Modification of any of the Website Content or use of the Website Content for any other purpose will be a violation of TalentTribe’s copyright and other intellectual property rights. Graphics, photographs, video, audio, software programs and images on this Site are protected by copyright and other proprietary rights and may not be reproduced, published, distributed, copied, modified, appropriated or exploited in any manner without written permission of TalentTribe.
- JURISDICTIONAL ISSUES
TalentTribe does not make any representation that information on this Site is appropriate or available for use outside Singapore. Those who choose to access this Site from outside Singapore do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using the Site, you consent to having your Personal Data transferred to and processed in Singapore, subject to the restrictions on such data applicable to TalentTribe.
TalentTribe reserves all rights to deny, restrict, suspend or terminate the access to or use of the Site and/or Services by any particular person, or to block access from a particular IP address to this Site, at any time, without ascribing any reasons whatsoever. We may discontinue offering the Site and/or Services at any time.
If we terminate your access to the Site and/or Services, or discontinue offering the Site and/or Services, you will not have the right to bring claims against us or our affiliates with respect to such termination. TalentTribe and our affiliates shall not be liable for any termination of your access to the Site.
We have no obligation to retain your data including Personal Data for any period of time beyond what may be required by applicable law. All representations and warranties shall survive termination.
If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms shall remain in full force.
- GOVERNING LAW
The Terms and any dispute or matter arising from or incidental to the use of the Site shall be governed by and construed in accordance with the laws of Singapore.
Any dispute, controversy or claim arising out of or in connection with the Terms, including any question regarding its existence, validity, breach or termination, shall be referred to and finally resolved by arbitration in Singapore at the Singapore International Arbitration Centre (“SIAC”) or at such other venue in Singapore as the parties concerned may agree in writing in accordance with the SIAC Rules. A tribunal shall consist of a single arbitrator to be appointed by the chairman of the SIAC. The decision of the tribunal shall be final and binding on the parties concerned. The language of the arbitration shall be English. The parties concerned undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential. In the event of any breach of the Terms by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
In the event of any dispute arising out of or in connection with these Terms including any question regarding its existence, validity or termination, the parties shall at first instance take reasonable efforts to settle and resolve such disputes in good faith and in an amicable manner by negotiation.
Save for TalentTribe, who shall have the right to enforce any terms herein insofar as they relate to TalentTribe, none of the terms herein shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act (Chapter 53B) or otherwise, by any person or entity who is not a party hereto.
- FEEDBACK AND QUERIES
TalentTribe welcomes feedback on the Site and Services we provide. If you have any questions about these Terms, please send your feedback or queries via email to email@example.com or mail to 73 Ayer Rajah Crescent #01-23 Singapore 139952.