Terms of Use

This page sets out the Terms and Conditions ("Terms of Use") in which all job seekers, employers or any other users (“You”) may use the eSeeker Apps, Website and or Services (“eSeeker”). These Terms of Use include the Privacy Policy of eSeeker which is incorporated by reference into these Terms of Use.

Please read the Terms of Use to understand your rights, responsibilities and/or liabilities as an eSeeker user. If You do not agree to these Terms, please do not register for and/or use eSeeker.

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

Privacy Reminder

Secure your personal information by never supplying prospective employers with credit cards, bank account numbers or any other personal information subject to misuse.

Definitions

“Design” includes the color combinations and the page layout of the eSeeker Apps.

“Employer”> or “Employers” means a person or entity that is accessing eSeeker Apps to post a job or utilizing the eSeeker Services for any reason related to the purpose of seeking candidates for employment.

“Employer Materials” includes emails, job postings, web site content, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the eSeeker Services.

“Graphics” includes all logos, button icons, and other graphical elements on the eSeeker Apps.

“Candidate” or “Candidates” means a User who is accessing eSeeker Apps to search for a job or in any other capacity except as an Employer.

“Company Profiles” means profile created by Employers.

“eSeeker” means Evol Technologies Sdn Bhd or the company operating the eSeeker Apps.

“eSeeker Content” includes all Text, Graphics, Design, Programming, information, images, video, audio files, software and other contents used on the eSeeker Apps.

“eSeeker Database” or “eSeeker Databases” includes all job advertisement posted on eSeeker Apps and/or all candidates and/or employers’ information registered with eSeeker.

“eSeeker Profile” or “eSeeker Profiles” means the profile created by Candidates that may include personal information, resume and photo.

“eSeeker Profile Database” or “Profile Database” means the candidates eSeeker Profiles and resume created and/or uploaded into eSeeker databases.

“eSeeker Services” means any services provided by eSeeker including:-

the provision of online job site, including posting and searching for employment opportunities, and creating eSeeker Profiles and Company Profiles which may include personal information;

“eSeeker Apps” means any website or mobile application under eSeeker’s control,

including:

“Profiles” means individual profiles created by Users and/or Candidates or company profiles created by Employers.

“Programming” includes both client-side code and server-side code used on the eSeeker Apps.

“Text” includes all text on every page of the eSeeker Site, whether editorial, navigational, or instructional.

“User” refers to any individual or entity that uses any aspect of the eSeeker and/or eSeeker Services.

“User Content” means all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by Users on or through eSeeker Apps.

“You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms.

1. Binding Agreement

1.1 eSeeker is provided to You for your use subject to these Terms of Use. There Terms of Use form a binding agreement between You and eSeeker. By accessing and/or using the eSeeker You agree to accept and/or to be bound by these Terms of Use. You also agree to use eSeeker at your own risk.

1.2 In the case of any conflict between these Terms of Use and any contract you have with eSeeker, these terms of your contract will take precedent.

1.3 eSeeker or its concerned subsidiary Companies ("eSeeker" or the "Company") may may revise and/or update these Terms of Use from time to time for legal or regulatory reasons and/or to allow for proper operation of eSeeker by updating this posting. Any revision(s), update(s) and/or change(s) (“New Terms”) will be notified to You via an announcement post on eSeeker. You are advised to visit this posting periodically to review the Terms of Use. The changes will come into effect and apply to the use of eSeeker after eSeeker has posted the notice of New Terms of these Terms of Use. If You do not wish to accept the New Terms of these Terms of Use You should not continue to use eSeeker. If you continue to use eSeeker after the date the New Terms of these Terms of Use comes into effect, your use of eSeeker indicates your agreement to be bound by the New Terms.

2. Registration and Eligibility

2.1 To register on eSeeker you must be 15 years of age or above.

2.2 By registering with eSeeker You represent and warrant to eSeeker that:-

2.2.1 You have the right(s), authority and capacity to use eSeeker;

2.2.2 You will use eSeeker in a manner consistent with any and all applicable laws and regulations.;

2.2.3 You will ensure that the details provided by You upon registration or at any time of using eSeeker are correct and complete; and

2.2.4 You will inform and/or notify eSeeker immediately of any changes to the information provided upon registration and update the changes to the information stated in order for eSeeker to communicate with You effectively.

3. Registration Information

3.1 When You register with any eSeeker Apps, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information").

3.2 In addition to the Terms of Use and any privacy policy applicable to any eSeeker Apps, You understand and agree that eSeeker and 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.

3.3 eSeeker and 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 or you have agreed to receive, such offers may be made by eSeeker, the Company or by third parties. Please see read and understand eSeeker and the Company's Privacy Statement for further details regarding your Information. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, eSeeker and 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 eSeeker Apps or any other representation, warranty or guaranty guarantee. Any such undertaking, representation, warranty or guaranty 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.

3.4 eSeeker reserves the right to suspend or cancel your registration immediately at the sole discretion of eSeeker or if you are in breach and in violations of these Terms of Use or any applicable laws, rules or regulations.

3.5 You may cancel your registration at any time by contacting eSeeker team. Upon cancelation of your eSeeker registration, you must stop using eSeeker and any other services provided by eSeeker.

4. Password and Security

4.1 Upon your registration to use eSeeker Apps, You will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account, access, personal information and password. You shall be responsible for all uses of your registration, whether or not authorised by You.

4.2 In prevention of fraud, forgery and/or any form of misrepresentation of information by your account whether or not authorised by You, You are not authorised to You are obligated to keep your password confidential and not 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 eSeeker account and eSeeker Services. You agree to immediately notify eSeeker and the Company of any unauthorised use of your eSeeker Account and password.

4.3 If eSeeker has a reason to believe that there is likely to be a breach of security, any form of fraudulent/ forgery activities and/or misuse of eSeeker arising from your account, eSeeker has the rights to suspend your account immediately. You may contact eSeeker to retrieve your account in due course.

4.4 As a result of your loss of password or the misuse of eSeeker:-

4.4.1 All losses or damage incurred thereby shall be borned by You; and

4.4.2 You shall fully indemnify eSeeker should eSeeker suffer any loss or damage arising from your loss of password or the misuse of eSeeker by your account.

5. Intellectual Property

5.1 eSeeker A, Website, Services, Content and all right, title and interest in and to eSeeker are the exclusive property of eSeeker and its licensors.

5.2 eSeeker are protected by all vested contingent and future intellectual property rights including but not limited to copyright, trademarks, service marks, design rights (whether registered or unregistered), patents, know-hows, trade secrets, inventions, get-up, datatbase rights and any applications for the protection or registration or these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created to which eSeeker and its licensors may be entitled.

5.3 eSeeker and the Company authorise You to view and download a single copy of the material or content available on eSeeker and to access and use the eSeeker Apps and the eSeeker Content (as defined below) and to download and print a single copy of the content available on or from the eSeeker Apps solely for your personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.

5.4 All eSeeker Content is the property of the Company or its content suppliers or clients. You may not use any of the eSeeker Content on any other Web site or in a networked computer environment (including, without limitation, by uploading or republishing eSeeker Content on any Internet, Intranet or Extranet site or incorporating the eSeeker Content in any other database or compilation for any purpose) without the written permission from eSeeker and the Company.

6. eSeeker Operation

6.1 eSeeker strives to provide You the best service possible, however eSeeker makes no promises and/or guarantee to You that the services at eSeeker will meet your requirements and/or your standards of service operation.

6.2 eSeeker does not guarantee that eSeeker will be fault-free, error-free, bug-free and/or eSeeker will be free from viruses or other harmful mechanisms. If any fault occurs with eSeeker you may report such fault to eSeeker and eSeeker will attempt to correct the fault as soon as possible.

6.3 eSeeker will restrict Your access to eSeeker in occasional sessions for repairs, maintenance and/or introduction of new content, facilities or services. eSeeker will attempt to restore access and/or service as soon as possible.

7. General Use of eSeeker (Your Use of the eSeeker Apps)

7.1 eSeeker hereby grants you a limited, terminable, non-exclusive right to access and use eSeeker for job posting and resume database (“eSeeker resume database”) features and other features of eSeeker Apps only for lawful purposes which is restricted to:-

7.1.1 Individual seeking employment, career and career-related information; and

7.1.2 Employers or their agents seeking for candidates for employment purposes.

7.2 In addition, the eSeeker Communities may be used by individuals for permitted professional and personal networking purposes. Your use of the eSeeker Services is also subject to any other contracts You may have with eSeeker. In the case of any conflict between these Terms and any contract you have with eSeeker, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on an eSeeker Apps.

8. Restricted Use of eSeeker

8.1 Users (‘You”) may not use the Application eSeeker in any manner(s), mean(s) or way(s) in order to host, display, upload, update, transmit, disseminate, distribute, share, store and/or destroy material including without limitation eSeeker Content:-

8.1.1 In violation or attempt to violate any applicable laws, rules and/or regulation;

8.1.2 that belongs to another person or third party and to which the User does not have any right to;

8.1.3 that is grossly harmful, harassing, blasphemous, defamatory, vulgar, obscene, pornographic, paedophilic, libellous, 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;

8.1.4 in a manner that will in infringement of intellectual property rights of eSeeker and the Company, others or violate the privacy, publicity or other personal rights of others;

8.1.5 aggregating, fabricating, copying or duplicating the Contents and/or information available on eSeeker or provided by eSeeker including expired job postings;

8.1.6 to harm or intended to harm minors;

8.1.7 to deceive or mislead the addressee or eSeeker about the origin of such message or communicates any information which is grossly offensive or menacing in nature,

8.1.8 impersonate another person, entity, company or any third party in using eSeeker;

8.1.9 share, link or provide software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of eSeeker’s computer systems or site or eSeeker’s users, customer’s computer systems or site;

8.1.10 provide or links to pornographic, indecent or sexually explicit material of any kind;

8.1.11 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; and/or

8.1.12 provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, violating someone's privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users.

8.2 Users agree to refrain from reselling and/or reassigning your rights, obligations and/or liabilities under these Terms of Use to other parties other than You or other account holders other than You. You also agree to not make any unauthorized and commercial use of any eSeeker Contents and Information available on eSeeker or provided by eSeeker.

9. Web Site Website Security Rules

9.1 Users are prohibited from violating or attempting to violate the security of any eSeeker Apps in any manner(s), mean(s) or way(s) including, without limitation:-:-

9.1.1 accessing data not intended for such user or logging into a server or account which the user is not authorised to access;

9.1.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

9.1.3 attempt to reverse engineer or decompile and/or reverse engineer or decompile any parts of eSeeker;

9.1.4 post any content or material that encourages, facilitates, promotes or endorse false or misleading information, scams, illegal activities or other activities prohibited by these Terms of Use and the applicable laws, rules and regulations inclusive but not limited to:-

9.1.4.1 access data not intended for You or logging into an unauthorized server or account;

9.1.4.2 impersonate a third party to use services of eSeeker;

9.1.4.3 post any profile, resume or apply for a job posting on behalf of another party or a third party;

9.1.4.4 providing or creating or disseminating viruses, computer viruses on eSeeker;

9.1.4.5 Interfere or attempt to interfere with services to any Users, host, portals, server, network or internet provider including without limitation via submitting virus, spam, crash, bugs, mailbombing, flooding and/or overloading to eSeeker; and/or

9.1.4.6 send unsolicited mail, email, text messages or make unsolicited calls or faxes including promotions and/or advertising of products and/or services.

9.2 Any form of breach(s) and/or violation(s) of network security may result in civil and/or criminal liability. eSeeker will investigate occurrences which have resulted such breach(s) and/or violation(s) and may involve cooperation with law enforcement authorities in prosecuting Users whom are involved in such breach(s) and/or violation(s). eSeeker reserves our rights to initiate any form of civil action and/or criminal complaints to relevant law enforcement authorities against the users whom are involved in such breach(s) and/or violation(s).

10. User Activities and Submissions

10.1 As a user, You are solely responsible for your eSeeker Account information, messages or other information ("User Content") that you submit, publish or display on the eSeeker Apps or transmit to other users.

10.2 By posting User Content to any eSeeker Apps, You automatically grant, and You represent and warrant that You have the right to grant, to eSeeker and its parent company and affiliates an irrevocable, perpetual, non-exclusive, fully paid, license to use, copy, perform, display, and distribute such User Content and to prepare derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/ or incorporate into other works, in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Content, and to grant and authorize sublicenses thereof. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above.

10.3 The Company may review and remove any User that, in the sole judgment of the Company, 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 eSeeker Apps The following is a list of User activities that is prohibited on the eSeeker Apps. The list is for illustration only and is not a complete list of all prohibited activity:

10.3.1 harasses, incites harassment or advocates harassment of another any group or individual;

10.3.2 involves the transmission of unsolicited mass mailing or "spamming";

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

10.3.4 provides or links to pornographic, indecent or sexually explicit material of any kind;

10.3.5 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; and/or

10.3.6 provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, violating someone's privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users.

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

11. Specific Prohibited Uses

11.1 The job posting and resume database features of eSeeker may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. eSeeker and 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 including but not limited to:-

11.1.1 Transmit, post, distribute, store or destroy material, including without limitation eSeeker 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 eSeeker’s privacy policy;

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

11.1.3 Defer any contact from an employer to any agent, agency, or other third party;

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

11.1.5 Solicit passwords or personally identifiable information from other Users;

11.1.6 Post any jobs on any eSeeker Apps for any competitor of eSeeker or posting jobs or other content that contains links to any site competitive with eSeeker;

11.1.7 Post jobs or content on any eSeeker Apps 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;

11.1.8 Post jobs for modeling or talent or talent scouting positions on any eSeeker Apps;

11.1.9 Post any jobs and/or advertisement and/or hiring methods on the website 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;

11.1.10 Use any eSeeker Apps 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;

11.1.11 Post or submit to any eSeeker Apps any incomplete, false or inaccurate biographical information or information which is not your own;

11.1.12 Post on any eSeeker Apps any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up-front 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;

11.1.13 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 any eSeeker Apps;

11.1.14 Delete or revise any material posted by any other person or entity;

11.1.15 Take any action that imposes an unreasonable or disproportionately large load on any eSeeker Apps’ infrastructure;

11.1.16 Use any data mining, robots or similar data gathering or extraction methods. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any eSeeker Apps other than the search engine and search agents available from the Company on such eSeeker Apps;

11.1.17 Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any eSeeker Apps;

11.1.18 Aggregate, copy or duplicate in any manner any of the eSeeker Content or information available from any eSeeker Apps;

11.1.19 Frame or link to any of eSeeker Content or information available from any eSeeker Apps; and/or

11.1.20 Use the eSeeker Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libellous, 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 eSeeker’s discretion.

11.2 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 Web Site.

11.3 On non-conformance by users of any of the aforesaid terms, eSeeker may in its sole discretion, restrict or terminate the offending User's ability to access the eSeeker Site(s) and determine whether to take any other actions whether to remove or request the removal of the User Content. eSeeker has no liability or responsibility to Users for performance or non-performance of such activities. Additionally, eSeeker has the right to initiate appropriate proceedings against the offending user as per law.

12. Additional terms applicable to Employers

12.1 eSeeker hereby grants you a limited, terminable, non-exclusive right to access and use eSeeker for your internal, personal and non-commercialised use in seeking candidates for employments. This right authorizes you to view and download a single copy of eSeeker Content or materials on eSeeker including but not limited to resume, job profiles and/or information of candidates solely for your use directly related to searching for and recruiting candidates.

12.2 Employers or their agents hereby represents, warrants and covenants that any materials provided by the Employer or their agents for use in relation and in connection with eSeeker will not violate or attempt to violate any laws, rules or regulations or any third party proprietary rights including but not limited to intellectual property rights, publicity and data protection laws.

12.3 When You register with Upon registration with any eSeeker Apps, You will be asked to provide the Company with your business registration number for the purpose of verification. You are responsible for maintaining the confidentiality of Your employer account, Profile and passwords, as applicable.

12.4 You may not and are strictly advised to not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible and strictly liable for all uses of Your eSeeker Apps, registrations, passwords and/or employer profile, whether or not authorized by You.

12.5 You agree to immediately notify eSeeker of any unauthorized use of Your employer account, Profile, or passwords. Employers are solely responsible for their postings on eSeeker Apps. eSeeker is not to be considered to be an employer with respect to Your use of any eSeeker Apps and eSeeker shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any eSeeker Apps.

12.6 You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from eSeeker, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from eSeeker's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through eSeeker’s servers. eSeeker does not make any representations regarding the accuracy or validity of the derived works such as Candidate profiles or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.

13. Job Postings for Employers

13.1 A Job posting may not contain:

13.1.1 inaccurate, false, or misleading information;

13.1.2 impersonation of another person or entity other than the Employer and their agents authorized and agreed by eSeeker;

13.1.3 any hyperlinks, other than those specifically authorized by eSeeker;

13.1.4 misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in eSeeker’s reasonable discretion;

13.1.5 the names, logos or trademarks of unaffiliated companies other than those authorized and agreed by eSeeker upon successful account registration;

13.1.6 advertisement of products and services that are not intended for job posting but intended for business commercial purposes;

13.1.7 more than one job or job description, more than one location, or more than one job category, unless the product so allows and/or authorized and agreed by eSeeker; and

13.1.8 material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.

13.2 You may not use Your eSeeker job posting to:

13.2.1 post jobs or vacancy that does not comply with applicable local, national and international laws, including but not limited to laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property rights;

13.2.2 post jobs or vacancy that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;

13.2.3 endorse a particular political party, political agenda, political position or issue via job posting;

13.2.4 post jobs or vacancy that does not represent bona fide, true and genuine employments; and

13.2.5 post jobs or vacancy in promotion or advertisement of sexual services and/or products or seek candidates for employments of sexual nature.

13.3 eSeeker reserves the right to remove any job postings, materials or contents from of any eSeeker Apps and/or of Employer, which in the exercise of eSeeker’s discretion reasonable exercise of eSeeker’s discretion, does not comply with the above Terms, or if any content is posted that eSeeker believes it breaches or violates the Terms of Use and/or is not in the best interest of eSeeker without prior notification to the Employer. If at any time during Your use of the eSeeker Services, You made a misrepresentation of fact to eSeeker or otherwise misled eSeeker in regards to the nature of Your business activities, eSeeker will have grounds to terminate Your use of the eSeeker Services.

14. Profile Database for Employers

14.1 You shall use the eSeeker Profile Database as provided in these Terms and in any contract You have with eSeeker. You shall use the eSeeker Profile Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from eSeeker Profile Database to any third party. You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from eSeeker Profile Database from loss, misuse, unauthorized access, disclosure, alteration or destruction.

14.2 In order to ensure a safe and effective experience for all of our customers, eSeeker reserves the right to limit the amount of data that may be accessed by them in any given time period. These limits may be amended in eSeeker's sole discretion from time to time.

15. Additional terms applicable to Job Seekers

15.1 eSeeker hereby grants you a limited, terminable, non-exclusive right to access and use eSeeker for your internal, personal and non-commercialised use in seeking employment opportunities for yourself only. This right authorizes you to view and download a single copy of eSeeker Content or materials on eSeeker including but not limited to job postings, job profiles and/or information of Employer visible to You solely for your use directly related to searching for employment opportunities.

15.2 When You register with Upon registration with any eSeeker Apps, You will be asked to provide eSeeker with certain information including, without limitation, a valid email address (Your "Information"). Any Profile You submit must be accurate and describe You an individual person.

15.3 You understand, acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein uploaded and/or placed by You on the eSeeker Apps.

15.4 You understand, acknowledge and agree that all information provided by You including but not limited to your eSeeker profile, resume, cover letter, job preferences and/or account information shall be disclosed to prospective Employers based on the preferences that You identified in your registration and at any time thereafter or you have consented and agreed to receive, such offers may be made by eSeeker, Employer and/or third parties.

15.5 eSeeker 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 consented and agreed to receive, such offers may be made by eSeeker, Employer and/or by third parties.

15.6 You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your eSeeker account or Your eSeeker account is terminated, all Your account information from eSeeker, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from eSeeker's databases and will be removed from any public area of the eSeeker Apps. Information may continue to be available for some period of time because of delays in propagating such deletion through eSeeker’s servers. In addition, the Company, parent company and its affiliates may retain saved copies of Your Information.

15.7 eSeeker may at any time review and/or remove or terminate any User content that is in breach or in violation of these Terms of Use and/or in its sole discretion views any User content is in breach and in violation of any applicable laws, rules or regulations that threatens, harms the safety of Users of eSeeker or in any manner(s), way(s) or means(s) damage the brand and public image of eSeeker.

15.8 eSeeker reserves its rights to initiate any civil proceedings against any persons or users of the User Content whom has breach or violate these Terms of Use or any applicable, rules or regulations and/or report such to law enforcement authorities to proceed with prosecution of said persons or users.

16. Express Consent and Acknowledgement

16.1 You understand and consent that all information provided by you, including but not limited to your resume, job profile, job posting and/or account information shall be stored in eSeeker Database and you acknowledge and consent that You acknowledge, consent and agree that when submitting your resume for storage in our resume database, your resume is automatically searchable by employers, their agents, recruiters, hiring managers, and human resource professionals (the "Employers") who pay for their access to our resume database.

16.2 eSeeker and the Company is not responsible for the use made of profiles by Employers who accessed your profile whilst it resides in our database. You acknowledge that when your profile is displayed in our database, personal information present within your profile (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 profile database to the Employers, but cannot guarantee that other parties will not gain access to this database. You may remove your profile from the Application at any time, but the Employers who have gained access to our database may have retained a copy of your profile in their own files or databases. The Company is not responsible for the retention, use or privacy of profiles in these instances.

16.3 The Company uses data about you (such as the 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 Application, you acknowledge and agree that you will use the candidates' Personal Information disclosed to you by the Company for recruitment purposes only and will not disseminate such Personal Information to any third party or use such Personal Information for any other purposes.

17. Disclaimer of Consequential Damages

17.1 The Company uses eSeeker utilises data about you as a Candidate (such as the preferences you have expressed) to determine whether you might be interested in the employment opportunities made available through such job postings.

17.2 In the event that you are an Employer posting job opportunities on the Application, you acknowledge and agree that you will use the candidates' Personal Information disclosed to you by the Company for recruitment purposes only and will not disseminate such Personal Information to any third party or use such Personal Information for any other purposes.

17.3 To the fullest extent possible by law, in no event shall eSeeker, its suppliers, or any third parties mentioned on any eSeeker 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 any eSeeker site and the eSeeker content, whether based on warranty, contract, tort, or any other legal theory, and whether or not eSeeker is advised of the possibility of such damages.

eSeeker shall not be liable for any loss of information howsoever caused as a result of any interruption, suspension or termination of eSeeker Services or for eSeeker Content, accuracy or quality of information available or transmitted through eSeeker Services.

You acknowledge and agree that it is not eSeeker’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through eSeeker Apps and/or eSeeker Services.

18. Links to Other Site

18.1 To the fullest extent possible by law, in no event shall eSeeker, its suppliers, or any third parties mentioned on any eSeeker 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 any eSeeker site and the eSeeker content, whether based on warranty, contract, tort, or any other legal theory, and whether or not eSeeker is advised of the possibility of such damages.

18.2 eSeeker 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 eSeeker and/or the Company of the contents on such third-party Web sites. eSeeker and/or 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. eSeeker or the Company If you decide to access linked third-party Web sites, you do so at your own risk.

19. Indemnity

19.1 You agree to defend, indemnify, and hold harmless eSeeker and the Company, its affiliates and their respective officers, directors, employees, representatives and their 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 the these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding.

20. Additional Terms of Use

20.1 Certain areas of eSeeker and other eSeeker Apps are subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

21. Applicable Law

21.1 These Terms of Use is subjected to the law of Malaysia.

21.2 eSeeker will attempt to resolve any disagreements between You, Employer and/or eSeeker. If You insist in initiating any court proceedings against the User, the Employer or eSeeker, you must do so within Malaysia.

22. International Use /text>

22.1 eSeeker does not warrant nor does eSeeker promise that the information, contents and/or materials uploaded and/or available in eSeeker complies with the applicable law, rules or regulations in your location. eSeeker strongly advised for the Users to prohibits from the usage of eSeeker in cases where accessing eSeeker and the contents of eSeeker is strictly prohibited by laws, rules or regulations of the location You are accessing from. If you still continue to use eSeeker in your location, please do so at your own risk with compliance with the local laws of your location.

23. Rights and Remedies

23.1 eSeeker reserves the rights and remedies at the current time or at a later date in any situation or circumstances that the Users, Employers or any person who is in breach or in violation of these Terms of Use or in breach or in violation of any applicable laws, rules or regulations.

23.2 eSeeker shall not be responsible for any breach of these Terms cause by circumstances beyond the reasonable control of eSeeker.

23.3 In circumstances whereby the Terms of Use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall only affect the sole provision deemed invalid or unenforceable and shall not affect the other provision of these Terms of Use and all provisions not affected by said invalidity or unenforceability shall contain to stand and remain in full force and effect.

24. Liability of eSeeker

24.1 eSeeker Apps and eSeeker Services act as, among other things, venues for:-

24.2 eSeeker reserves the right in its sole discretion to remove any User Content including but not limited to Employee Profiles, Company Profiles, Employer Materials, or other material from the eSeeker Apps from time to time. When eSeeker exercises this discretion and there is a breach of these Terms by the User, any payment made by the User will be forfeited.

24.3 The eSeeker Apps also provides content from other internet sites or resources and while eSeeker tries to ensure that material included on the eSeeker Apps is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If eSeeker com is informed of any inaccuracies in the material on the eSeeker Apps we will attempt to correct the inaccuracies as soon as we reasonably can.

24.4 Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the eSeeker Apps. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the eSeeker Apps.

24.5 eSeeker Apps and eSeeker Content may contain inaccuracies or typographical errors. eSeeker makes no representations about the accuracy, reliability, completeness, or timeliness of any eSeeker Apps or the eSeeker Content. The use of all eSeeker Apps and the eSeeker Content is at your own risk.

24.6 Nothing on eSeeker Apps shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web sites, products, services, hiring, experience, employment or recruiting practices, or otherwise.

25. Term and Termination (16. Changed to 25)

25.1 These Terms of Use will remain in full force and effect while you are a user of the eSeeker Apps at any level including but not limited to you, users, employers and their agents. eSeeker and 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 eSeeker Apps and immediate termination of your registration with or ability to access the eSeeker Apps any/or any other services provided to you by the eSeeker and the Company, upon breach by you of these Terms of Use or if the eSeeker and the Company is unable to verify or authenticate any information you submit to the eSeeker Apps Registration.

These "Terms of Use" and "Privacy Commitment" of eSeeker site constitute a binding agreement between You and eSeeker, and is accepted by You upon your use of the eSeeker Apps. If you are no longer a User of the eSeeker Apps and/or Services, please be reminded that certain provisions of the Terms of Use will remain in effect. Please do not use or stop using eSeeker and any services provided by eSeeker if you do not agree with these "Terms of Use" and "Privacy Commitment" of eSeeker.

Contact Us

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Privacy Policy for eSeeker