Terms & Conditions

FOR TALENTS:

1. Terms of Use

This page states the Terms and Conditions (the "Terms of Use") under which you may use ProWider as an on-line service to post and search employment opportunities and user resumes (the "Web Site"). By using this Web Site, you are indicating your acceptance to be bound by the terms of these Terms of Use. You are agreeing to use the Web Site at your own risk.

Please read this page carefully. If you do not accept the Terms and Conditions stated herein, do not use this web site and the services. By using this Web Site, You are indicating your acceptance to be bound by the provisions of these Terms of Use.

GenYouth Sdn Bhd or Agensi Pekerjaan Prowider Sdn Bhd (the "Company/ProWider") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms of Use because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Web Site for any reason.

Users who violate these Terms may have their access and use of the company sites suspended or terminated, at the company’s discretion.

2. Eligibility

By visiting the Web Site or accepting these Terms of Use, you represent and warrant to the Company that you have the right, authority, and capacity to use the Web Site and you are not below the age of majority as that is defined in Your jurisdiction and agree to and abide by these Terms of Use. You also represent and warrant to the Company that you will use the Web Site in a manner consistent with any and all applicable laws and regulations.

 

3. Use of ProWider Content

The Company authorizes you to view and download a single copy of the material or content available on prowider.co and to access and use the Web Site and the ProWider Content (as defined below) and to download and print a single copy of the content available on or from the Web Site solely for your personal, non-commercial use.

The contents of the Web Site, whether partial or otherwise, such as text, graphics, images, logos, button icons, software, and other ProWider content (collectively, "ProWider Content") , are protected by copyright under Malaysian laws. All ProWider Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement, and assembly) of all content on the Web Site are the exclusive property of the Company and are protected by Malaysian laws. Unauthorized use of the ProWider Content may violate copyright, trademark, and other laws. You may not sell or modify the ProWider Content or reproduce, display, publicly perform, distribute, or otherwise use the ProWider Content in any way for any public or commercial purpose in connection with products or services that are not those of ProWider, in any other manner that is likely to cause confusion among consumers or that otherwise infringes ProWider's intellectual property rights.

4. Web Site Restrictions

Users shall not use any Web Site in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation ProWider Content:

(a) in violation of any applicable law or regulation

(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others, 

(c) that belongs to another person and to which the user does not have any right to, 

(d) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,

 (e)harm minors in any way, 

(f) deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,

 (g) impersonate another person or entity, 

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Company's computer systems or site or ProWider's users, customer's computer systems or site,

(i) threatens the unity, integrity, defense, security or sovereignty of Malaysia, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or insulting any other nation.

The job posting and resume database features of the Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Users may not use the Web Site in order to transmit, distribute, store, or destroy material :

(a) in violation of any applicable law or regulation, 

(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful.

Users are prohibited from violating or attempting to violate the security of any ProWider Web Site, including, without limitation, 

(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access,

 (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,

 (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", 

(d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or 

(e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

5. Registration Information

When You register with the Web Site, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the Terms of Use and any privacy policy applicable to any Website, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address, or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

The Company reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, ProWider does not provide or make any representation as to the quality or nature of any of the third-party products or services purchased through the Web Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty, or guarantee would be furnished solely by the provider of the applicable class, or learning material, product, or services, under the terms agreed to by the provider.

6. Use of the ProWider Services

The job posting, resume database ("ProWider Resume Database"), and other features of the Web Site may be used only by individuals seeking employment and/or career information and by employers seeking employees. The term "post" as used herein shall mean information that You submit, publish, or display on the Web Site.

7. Specific Prohibited Uses

The job posting and resume database features of the Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.

The Company specifically prohibits any other use of the Web Site, and all users agree not to use the Web Site, for any of the following:

-Transmit, post, distribute, store or destroy material, including without limitation ProWider Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of ProWider's privacy policy.

-Post any resume or apply for any job on behalf of another party 

-Defer any contact from an employer to any agent, agency, or another third party.

-Set more than one copy of the same resume to public at any one time;

-Solicit passwords or personally identifiable information from other Users;

-Post jobs or content on the Web Site that contain any hyperlinks, email addresses, HTML Tags, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited; 

- Post jobs for modeling or talent or talent scouting positions on the Web Site; 

-Post any jobs and/or advertisement and/or hiring methods on the Web Site which are discriminatory in nature and / or devoid of fair employment practice as per the applicable laws, regulations of Malaysia and /or any other rules, regulations and policy framed in this connection by concerned ministry of the Government of Malaysia. Use the Web Site Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services;

-Post or submit to the Web Site any incomplete, false or inaccurate biographical information or information which is not your own; 

-Post on the Web Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents;

-Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Web Site;

-Delete or revise any material posted by any other person or entity; Take any action that imposes an unreasonable or disproportionately large load on any Web Site's infrastructure; 

-Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site; 

-Aggregate, copy or duplicate in any manner any of the ProWider Content or information available from the Web Site; 

-or Frame or link to any of ProWider Content or information available from the Web Site; 

Use the ProWider Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by ProWider's discretion.The Company also specifically prohibits any use / insertion of any of the User's URL, weblink, e mail address and website while posting any job on the Web Site and all Users agree not to use / insert any of the User's URL, weblink, e mail address and website while posting any job on the Website. On non conformance by users of any of the aforesaid terms, ProWider may in its sole discretion, restrict or terminate the offending User's ability to access the Web Site and determine whether to take any other actions whether to remove or request the removal of the User Content. ProWider has no liability or responsibility to Users for performance or nonperformance of such activities. Additionally, ProWider the right to initiate appropriate proceedings against the offending user as per law.

 

8. Registration Information

When you register with any of the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address. In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regarding your Information.

 

Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, the Company does not provide or make any representation as to the quality or nature of any of the third-party products or services purchased through the Web Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty, or guarantee would be furnished solely by the provider of the applicable class, or learning material, product, or service, under the terms agreed to by the provider.

9. User Content and Submissions

You agree that any email send by an employer to a jobseeker for any prospective job opportunity through the Web Site may be stored at the ProWider account of the said jobseeker for at least a period of 7 days, to enable the said jobseeker to access the email, as sent by the employer, to make a conscious decision about the job offer in the said email.

 

The Company acts as a passive conduit for the online distribution and publication of the User Content and has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by users. However, the Company will review and delete or remove any prohibited User Content or the User Content which violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal, or violates the rights of, harms, or threatens the safety users of the Web Site in accordance with the procedure prescribed in the Malaysian Communication and Multimedia Content Code ("Content Code") once the Company is notified by the Complaint Bureau that its user or subscriber is providing such prohibited content in its website or in aforesaid violations and Company is able to identify such user or subscriber. For more information and details please visit at Content Forum website at http://www.cmcf.org.my.

The Company reserves the right to expel users and prevent their further access to the Web Site for violating these Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use or is abusive, illegal, or disruptive. The Company reserves the right to archive the user content folders which were not being accessed for a period of 6 months or more by the relevant users after its last access. In such an event users will be able to access the archive folders with minor limitations including but not limited to nonavailability of the options or move to another folder, renew jobs associated with the said folders. The Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

 

The following is a list of User Content that is prohibited on the Web Site. The list is for illustration only and is not a complete list of all prohibited User Content:

  • is implicitly or explicitly offensive, such as User Content that engages in, endorses, or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; 

  • harasses, incites harassment, or advocates harassment of another any group or individual; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; 

  • promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; 

  • contains restricted or password-only access pages, or hidden pages or images; 

  • displays or links to pornographic, indecent, or sexually explicit material of any kind; 

  • provides or links to material that exploits people under the age of 18 in a sexual, violent, or other manner, or solicits personal information from anyone under 18; 

  • provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, or provides or creates computer viruses or pirating any media;

  • solicits passwords or personal identifying information from other Users; 

  • you must not do the following things: post material that is copyrighted unless you are the copyright owner or have the permission of the copyright owner to post it;

  • post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

  • post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; 

  • display or link to pornographic, indecent, or sexually-explicit images or statements of any kind; post advertisements or solicitations of business; 

  • post chain letters, unsolicited mass mailing, or pyramid schemes;

  • impersonate another person; providing or making available pirated music or other media or links to pirated music or other media files; 

  • post material that contains restricted or password-only access pages, or hidden pages or images; provide or link to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone;

  • provide instructional information about illegal activities or other activities prohibited by these Terms of Use, including without limitation, making or buying illegal weapons, violating someone's privacy, or provide or create computer viruses or pirating any media, or solicit passwords or personal identifying information from other users.

 

ProWider reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the Web Site and/or terminating the offending User's ability to access the Web Site and/or use ProWider Services. The Company may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on content / material posted by other users will be at your own risk.

The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, the Company may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or of such activities.

10. Registration and Password

You are solely responsible for maintaining the confidentiality of your account access information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You are not authorized to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the ProWider account and ProWider Services. You agree to immediately notify the Company of any unauthorized use of your ProWider Account and password.

11. Additional terms applicable to Job Seekers

When You register with the Web Site, You will be asked to create an account and provide ProWider with certain information including, without limitation, a valid email address. Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses, or other means of contacting You, other than Your last name and URLs.

 

You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any resume or material contained therein placed by You on the Web Site.

ProWider reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by ProWider or by third parties. Please see ProWider's Privacy Policy, for further details regarding Your Information.

You understand and acknowledge that you have no ownership rights in your account and that if you cancel your ProWider account or your ProWider account is terminated, all your account information from ProWider, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from ProWider's databases and will be removed from any public area of the Web Site. Information may continue to be available for some period of time because of delays in propagating such deletion through ProWider's web servers. In addition, third parties may retain saved copies of Your Information.

 

12. Express Consent and Acknowledgement

You acknowledge, consent and agree that when submitting your resume for storage in our resume database, your resume is automatically searchable by employers, recruiters, hiring managers, headhunters, and human resource professionals (the "Employers") who pay for access to our resume database. The Company is not responsible for the use made of resumes by Employers who accessed your resume whilst it resides in our database. You acknowledge that when your resume is displayed in our database, personal information present within your resume (such as your email address), can be collected and used by parties other than the Employers. This may result in unsolicited messages from third parties for which the Company is not responsible. The Company will attempt to limit access to our resume database to the Employers, but cannot guarantee that other parties will not gain access to this database. You may remove your resume from the Web Site at any time, but the Employers who have gained access to our database may have retained a copy of your resume in their own files or databases. The Company is not responsible for the retention, use or privacy of resumes or profiles in these instances.

 

You acknowledge, consent, and agree that job search agents will be automatically created when you register on the Web Site. Job search agents will automatically email you job opportunities based on pre-selected search criteria. Your job search agent will search daily for new open positions that match your criteria. You can choose to have those search results emailed to you on a daily, weekly, or monthly basis. In addition, you may change the search criteria of your job agent at any time. In relation to the aforementioned, you agree that the Company may use your personal information to contact you and deliver information relating to the job search agent's search results to you or provide administrative notices or communications applicable to your use of the Web Site.

 

You acknowledge, consent and agree that the Company can disclose your resume and contact details ("Personal Information") to prospective Employers who purchased the Company's job posting packs in order to seek qualified candidates. The Company uses data about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities made available through such job postings.

In the event that you are an Employer posting job opportunities on the Web Site, you acknowledge and agree that you will use the candidates' Personal Information disclosed to you by the Company pursuant to your purchase of the Company's job posting packs for recruitment purposes only.

13. Policy Regarding Termination of Users And Account Holders Who Repeatedly Infringe the Copyright or Other Intellectual Property Rights of Others

ProWider respects the intellectual property of others, and we ask our users, account holders, and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display, or public performance of copyrighted works constitutes an infringement of the copyright owners’ rights. As a condition to your use of the Web Site, You agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of the Web Site account holders, and block access to the Web Site of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.

14. ProWider's Liability

The Web Site acts, among other things, as a venue for i) Employers to post job opportunities and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. ProWider and does not screen or censor the listings including Profiles offered. ProWider is not involved in the actual transaction between employers and candidates. ProWider is not involved in the actual transaction between employers and candidates. As a result, ProWider is not responsible for User Content, the quality, safety, or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to candidates or the ability of candidates to fill job openings and ProWider makes no representations about any jobs, resumes or User Content on the Web Site. While ProWider reserves the right in its sole discretion to remove User Content, job postings, resumes, or other material from the Web Site from time to time, ProWider does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.

ProWider has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Web Site and makes no representations about any Profile or User Content on the Web Site.

In addition, please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons, or people acting under false identities. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. By its very nature, other people's information may be offensive, harmful, or inaccurate, and in some cases may be deceptive. We expect that you will use caution and common sense when using the Web Site. Because user authentication on the internet is difficult, ProWider cannot and does not confirm that each user is who they claim to be. Because ProWider does not and cannot be involved in user-to-user dealings or control of the participants on the Web Site. In the event that you have a dispute with one or more users, You release the Company, its affiliates and their respective officers, directors, employees, and representatives from claims, demands, and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

The Web Site may contain inaccuracies or typographical errors. ProWider makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site and the ProWider Content. The use of the Web Site and the ProWider Content is at Your own risk. Changes are periodically made to the Web Site and may be made at any time. ProWider cannot guarantee and does not promise any specific results from the use of the Web Site. No advice or information, whether oral or written, obtained by a User from ProWider or through or from the Web Site shall create any warranty not expressly stated herein.

You acknowledge and agree that You are solely responsible for the form, content, and accuracy of any resume or material contained therein placed by You on the Web Site. Employers are solely responsible for their postings on the Website. The Company is not to be considered to be an employer with respect to your use of the Web Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Web Site. ProWider encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall ProWider be liable for the deletion, loss, or unauthorized modification of any User Content.

ProWider is not to be considered to be an employer with respect to your use of the Web Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Web Site.

The Company cannot guarantee and does not promise any specific results from the use of the Web Site. No advice or information, whether oral or written, obtained by a user from the Company or from the Web Site shall create any warranty not expressly stated herein.

The Company does not warrant that the website will operate error-free or that the Web Site and its server are free of computer viruses or other harmful mechanisms. If your use of the Web Site or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.

The Web Site and material are provided on an "as is" basis without any warranties of any kind. The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose, and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.

ProWider does not provide or make any representation as to the quality or nature of any of the third-party products or services purchased through the Web Site, or any other representation, warranty, or guaranty. Any such undertaking, representation, warranty, or guarantee would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

16. Disclaimer of Warranty

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT ANY WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND PROWIDER CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT POSSIBLE BY LAW, PROWIDER DOES NOT WARRANT THAT THE WEB SITE OR ANY PROWIDER SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE PROWIDER CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, PROWIDER IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND PROWIDER CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PROWIDER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PROWIDER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

  • Disclaimer of Consequential Damages. TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL PROWIDER, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE PROWIDER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROWIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

17. Limitation of Liability

TO THE FULLEST EXTENT POSSIBLE BY LAW, PROWIDER'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED MYR 60.00.

18. Links to Other Sites

The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party websites, you do so at your own risk.

19. No Resale or Unauthorized Commercial Use

You agree not to resell any Material or information obtained from the Web Site, assign your rights or obligations under these Terms of Use, or make any unauthorized commercial use of the Web Site.

 

20. Indemnity

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, representatives, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from any of the User Content or other material you provide to the Web Site or your use of the Material or your breach of these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding.

21. General

Access to the Materials may not be legal by certain persons or in certain countries. Your access to the Web Site is at your own risk and You are responsible for compliance with jurisdictions as may be applicable to You. These Terms of Use are governed by the laws of Malaysia.

  • Term and Termination These Terms of Use will remain in full force and effect while you are a user of the Web Site at any level. The Company reserves the right, at its sole discretion, to pursue all its legal remedies, including but not limited to deletion of your User Content from the Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other services provided to you by the Company, upon breach by you of these Terms of Use or if the Company is unable to verify or authenticate any information you submit to the Web Site. Even after you are no longer a user of the Web Site, certain provisions of these Terms of Use will remain in effect.

FOR JOB PROVIDER ONLY:

1. Terms of Use

As used below, the terms “You” and the “Employer” mean any potential employer placing any job posting on the ProWider Job Site Service.

If you have subscribed to the ProWider Job Site Service, you will also be bound by the Term of Use and Subscription Agreement – Business Terms agreement you signed (“Business Terms”).

Any capitalized terms used but not defined herein have the meanings ascribed to them in the Terms and Conditions.

2. Payment

example(from ProWider): All amounts owed are due within 30 days of receipt of the ProWider invoice. Any amount not paid in full within the period indicated on the ProWider invoice will be considered overdue and may incur overdue interest of 1.5% per month. All payments are considered final and are non-refundable.

3. Use of Content

ProWider, or its licensors, own exclusively all content on the ProWider Job Site Service including, but not limited to, graphics, logos, text, data, downloadable software, Your Content as defined below, page layout and look and feel of the web pages (the “Content”). Except for the license granted herein, your use of the ProWider Job Site Service gives you no rights in the ProWider’s or its licensors’ copyrights, trademarks, trade secrets, or any other intellectual property rights.

ProWider grants to you a personal, non-transferable, and non-exclusive right to access and use the Content for your use solely in connection with seeking qualified candidates for jobs with your organization. All use must be in accordance with these Terms and Conditions and the Business Terms, if applicable. No portion of the Content may be modified, copied, sold, leased, distributed, transmitted, or used for any commercial purpose or on behalf of any other person or entity except as set forth in these Terms and Conditions and the Business Terms.

You may not incorporate the Content into another database, search engine, or networked computer environment of any kind. You may not access the Content by means of any automated processes, spiders, bots, or similar devices. You may not modify, copy, transmit, create derivative works from, reverse engineer, disassemble, or otherwise attempt to discover any source code from, any software accessible or available through this site, or sell, assign, sub-license, or otherwise transfer any right in such software.

By posting a job listing or by otherwise using the ProWider Job Site Service, you grant to the ProWider a royalty-free, perpetual, irrevocable, non-exclusive license and full right to use, reproduce, modify, conform, adapt, publish or transmit, or create any derivative works from, such job listings or other content you post on, or input into, the ProWider Job Site Service (‘‘Your Content”). You also grant to the ProWider a royalty-free, non-exclusive license to access, use, reproduce, modify, conform, adapt, publish or transmit, or create any derivative works from, job posting listings displayed on your own sites, by means of any automated processes (including spiders, bots and similar data-mining devices) used by ProWider or its agents. You warrant to ProWider that the holder of any rights, including any moral rights, in Your Content, has waived all such rights and has irrevocably granted to you the right to grant the licenses described above.

ProWider will terminate the accounts of any Employer, and block access to the ProWider Job Site Service of any Employer, who are infringers of the copyrights, or other intellectual property rights, of ProWider and others. ProWider reserves the right to take these actions at any time, in its sole discretions, with or without notice, and without any liability to the Employer whose account is terminated or to the Employer whose access is denied.

4. Use of the ProWider Job Site Service

You may only use the ProWider Job Site Service to seek job candidates, as described above. You must not 

(a) use the ProWider Job Site Service for any fraudulent, illegal, harassing or offensive activity including, but not limited to, the posting of sexually explicit material or content inappropriate for viewing by minors, or which is likely to offend or criticize any employee or group or portion of society, and 

(b) post any content where such posting constitutes the infringement or violation of any right of any third party. You agree not to engage in any activity that would impair the proper functioning of the ProWider Job Site Service and its Content. Specifically, you agree not to post any false or misleading postings, interfere with or modify the postings or functioning of any site on the ProWider Job Site Service, or engage in any activity to defeat any security or feature of the ProWider Job Site Service. You may not post any franchise or other business opportunity that requires an initial or periodic payment pays an insignificant salary or commissions only or requires recruitment of other members or sub-agents.

5. Disclaimer of Content

Your communications on the ProWider Job Site Service are your responsibility. ProWider does not review or confirm the accuracy of any Content or postings on ProWider Job Site Service, but it reserves the right to review and reject any information it believes to be contrary to these Terms and Conditions or the Business Terms. ProWider reserves the right to remove any Content, deactivate any account, or otherwise terminate access to the ProWider Job Site Service for violation of any of these Terms and Conditions or the Business Terms, or if otherwise compelled by court order. ProWider does not endorse or sponsor in any way the activities, products, services, or policies of any person or company which posts information on, or which serves as part of, the ProWider Job Site Service. ProWider accepts no responsibility for the accuracy or completeness of any Content posted, or the hiring practices or policies of employers.

6. User Data

ProWider seeks to maintain the confidentiality of information submitted to it by individuals seeking employment, as described in the ProWider Job Site Privacy Statement – For Job Seekers, and you agree to abide by all such provisions.

7. Trademarks

ProWider is a trademark or service mark of the Company. ProWider does not grant to you any rights under these Terms and Conditions with respect to these trademarks or any other trademarks of ProWider.

8. Indemnification

You agree to promptly indemnify ProWider and its officers, directors, employees, members, agents, and affiliates (“Associates”) for all damages, liabilities, costs, charges, and expenses, including reasonable legal and accounting fees (“Costs”), that ProWider or its Associates incur as a result of your each of these Terms and Conditions or the Business Terms and any Costs relating to the Content or in any way relating to your conduct with respect to the ProWider Job Site Service. ProWider shall provide you timely notice of any claim, suit, or proceeding which could give rise to an indemnification obligation hereunder.

9. Disclaimers

IN ADDITION TO THE OTHER PROVISIONS OF THE TERMS AND CONDITIONS FOR THE SITE, ALL DISCLAIMERS BY PROWIDER SET FORTH IN THE TERMS AND CONDITIONS APPLY TO YOUR USE OF THE PROWIDER JOB SITE SERVICE.

10. Termination

If you no longer agree to be bound by these Terms and Conditions, you must cease your use of the ProWider Job Site Service. Subject to applicable law, ProWider reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the ProWider Job Site Service with or without notice. You agree that any termination of your access to the ProWider Job Site Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the ProWider Job Site Service. Further, you agree that ProWider shall not be liable to you or any third party for any termination of your access to the ProWider Job Site Service.