Complying the PDPA Act 2010 in Malaysia
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Article 1 - About this Agreement
Article 2 - Definition
The terms used in this Agreement are defined as follows.
Article 3 - Membership registration application
Article 4 - Refusal to accept a Membership application
If the Registration Applicant falls under any of the following items, Seekers may, at its discretion, refuse to accept an application:
Article 5 - Cancellation of Membership
If you wish to cancel your Membership, you shall request Seekers to cancel your registration in the manner prescribed by Seekers.
Seekers may, at its discretion, forcibly terminate the registration of Users and refuse to allow them to use this System if they commit any of the following acts:
Article 6 - Possession of a Membership account
Article 7 - Usage Fees
Article 8 - Application for Premium Membership registration
Article 9 - Free Trial of Premium Membership
Article 10 - Non-acceptance of Premium Membership registration
Seekers may, at its discretion, refuse to accept an application for use of the Premium Membership registration in any of the following cases.
Article 11 - Termination of Premium Membership by Seekers
Seekers may, at its discretion, forcibly cancel the registration of a Premium Membership and refuse to allow the Member to use the Premium Function if any of the following events occur:
If a Premium Member ceases to be a member of Seekers due to cancellation of registration, termination, or any other reason, the Premium Membership will naturally end.
Article 12 - Termination of Premium Membership by Users
If a Premium Member wishes to cancel their Premium Membership, they must log in to the system and submit a request to Seekers using the method prescribed by Seekers. However, if the User does not complete the procedures normally required by Seekers by the day before the Subscription Period expires, the Premium Membership will be renewed for the same Subscription Period and under the same conditions from the day after the Subscription Period expires, and Seekers will treat this request as an offer to take effect at the end of the renewed Subscription Period.
Article 13 - Maintenance of access environment
Article 14 - Management of account Credentials
Article 15 - Accuracy of registered working history
Article 16 - Guarantee
Users who post information such as a Curriculum Vitae shall warrant to Seekers that the information is truthful and accurate and that the information does not infringe on the rights of a third party. In the unlikely event of a dispute with a third party, the User shall resolve the problem at his or her own expense and responsibility and shall not cause any trouble or damage to Seekers.
Article 17 - Granting of rights regarding this System
Article 18 - Implementation of questionnaires
Article 19 - Prohibited matters of the User
The User shall not perform any of the following acts in connection with the provision of this System. The User shall bear the responsibility to compensate Seekers for any and all damages caused by such acts, and Seekers may take all legal measures, both civil and criminal.
Article 20 - Compensation for damages
If the User has violated these Terms and Conditions, and has caused damage to Seekers, the User, to Employers, the obligation to compensate for any direct or indirect damage.
Article 21 - Disclaimers
Article 22 - Non-Refunding of Fees
Article 23 - Dealing with violations
Article 24 - Changes to System Functions
Seekers shall be able to change, suspend or terminate all or part of the functions of this System without prior notice to the User for any reason whatsoever.
Article 25 - Modification of this Agreement
Article 26 - Suspension of use for maintenance
Article 27 - Deletion of information after cancellation of membership
You acknowledge that if you are no longer a member of Seekers for reasons such as cancellation of Membership or otherwise, all information on your resume and history will be deleted and you will no longer be able to check the contents of your resume or other information on this System. However, Seekers is not obligated to delete such information.
Article 28 - Use of attribute data
Article 29 - Supplementary provisions
This agreement is effective 18th March 2021
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1. Terms and Conditions
Seekers.my is provided to you for your use subject to these Terms. You agree to bind with these terms and conditions when you start to use Seekers.my. You agree to use Seekers.my at your own risk. These terms and conditions will prevail if any conflict happened between Seekers.my and you.
Seekers.my reserves the right to update these terms and conditions from time to time for legal or regulatory reasons in order to smoothen the operation of Seekers.my. You will be notified via the email address provided by you on registration or via a suitable announcement on Seekers.my. The changes will apply to the use of Seekers.my after we have given you notice. If you do not wish to accept the new terms and conditions, you should not continue to use Seekers.my.
“Employer” means a person or entity who recruits or hires through Seekers.my.
“Candidate” means a person whose individual profiles or information which are uploaded to Seekers.my.
“Content” means all information, including number, text, photographs, graphics, video, infographic, audio, advertisements, messages or other materials submitted, posted or displayed by Employer on or through Seekers.my.
“Seekers.my Services” means the services provided by Seekers.my including but not limited to:-
3. Signing up on Seekers.my
To register on Seekers.my, you must be 18 years of age or above, and you must provide the valid company name, registration number, address, email and contact number. You are responsible to provide additional information if necessary.
Seekers.my shall be responsible in preserving the information provided by you in a safe manner. You are responsible and must ensure that the details provided by you on registration or at any time are correct and complete. We reserve the rights to examine from time-to-time, some or all information provided by you.
You are responsible and must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
If you breach any of the obligations under these Terms and Conditions, we reserve the rights to suspend or cancel your account immediately in our sole discretion. You have to bear all the losses and damages.
4. Password and security of Seekers.my
When you register to use the Seekers.my, you will be asked to create a password. You must keep this password confidential and ensure this is not disclosed or shared with anyone. If you suspect or notice that someone else knows your password you should immediately notify us by contacting us.
If Seekers.my has reason to believe that there is likely to be a breach of security or misuse of the Seekers.my, we may require you to change your password or we may suspend your account immediately.
If you lost your Password or misuse other than recruitment activity, you are responsible to bear all the losses and damages.
5. Availability, error and inaccuracy of Seekers.my
Although Seekers.my always strives to give the best to Employers, Seekers.my has no obligation to provide services which completely meet your requirements or expectations.
We cannot guarantee that any of the content in Seekers.my is the latest. Seekers.my will update the content from time to time to ensure our quality of service.
We cannot guarantee that Seekers.my will be error-free. You are responsible to report to us immediately if you find Seekers.my performs unusually.
Your access may be restricted from time to time for our regular repairs, maintenance, update of new content and services.
6. Usage of Seekers.my
Seekers.my is provided to Employers to recruit suitable Candidates.
Your use of the Seekers.my Services is also subject to any other contracts you may have with Seekers.my. In the case of any conflict between these Terms and any contract you have with Seekers.my, these Terms will prevail.
You are granted a limited, terminable, non-exclusive right to access and use Seekers.my only for your recruitment purposes.
You are fully responsible for securing your login credential to Seekers.my.
You are not allowed to violate the security of Seekers.my.
You are not allowed to share any content, including texts or graphics, which are unlawful, harassing, threatening, harmful, sexually-related or any other negative terms on Seekers.my. You are not allowed to include the name, logo or trademark of any scammed companies.
You are not allowed to copy or duplicate any content, including texts or graphics, for other purposes, except recruitment.
You are not allowed to share any content which involves political issues.
You are not allowed to share any scam or misleading information, in any form including texts or graphics.
You are not allowed to share any content that promotes the occurrence of illegal activities, criminal offences, including but not limited to selling or buying weapons, which breaks Malaysia Law.
You are not allowed to advertise or promote other products or services, except recruitment.
You are not allowed to carry out any activity or action, including block the access, which affects or interferes with any other person’s use of Seekers.my.
You should not share anything which is related to multi-level marketing, franchise or any other sales-related advertisement.
You should not make any unauthorized commercial use of Seekers.my. Seekers.my reserves the right to terminate your account immediately in our sole discretion.
You should not request Candidates to pay deposits, placement fees, processing fees or any other similar fees, directly or indirectly, and/or require Candidates to make purchases.
You should not advertise more than 1 job position in each job posting, unless this is permitted by Seekers.my.
Seekers.my reserves the right to remove unnecessary content or eventually terminate your access to Seekers.my Website without giving prior notice.
The violations and misuse of network security may result in civil and/or criminal liability. Seekers.my will investigate the occurrences of violation of network security which may lead to civil or criminal liability.
Seekers.my may terminate your use of the Seekers.my Services and in such event, any payment or deposit made by you shall be forfeited.
You understand and acknowledge that if you cancel your Employer account or your Employer account is terminated, all your account information from Seekers.my, including saved resumes and contacts, will be deleted from Seekers.my Databases. You are not allowed to backup such data or information without Seekers.my’s permission.
7. Submission of contents to Seekers.my
You understand and acknowledge that all information provided or confirmed by you, shall be stored in Seekers.my’s database, and may be transferred to countries outside of your location for the purposes of storing and/or processing.
By submitting, posting or displaying Content on or through Seekers.my, you grant Seekers.my to distribute and publish such Content through Seekers.my. Seekers.my reserves the right to reject any Content in its sole discretion without giving prior notice.
You are required to allow users to access the content for any type of use, if you post the content in any public area of Seekers.my.
Seekers.my reserves the right to remove accounts and prevent their further access to the Seekers.my and/or use of Seekers.my for violating the Terms or applicable laws, rules or regulations.
Seekers.my has no obligation to maintain or guarantee the accuracy, reliability or truthfulness of the Content. You agree and acknowledge that any trust on this Content posted by other users will be at your own risk.
8. Payment of fees
All amounts owed to Seekers.my must be paid within the specified payment terms from the date of the invoice.
Seekers.my may charge interest at 8% per annum on any late payment.
9. Seekers.my’s right to suspend or cancel your registration
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms.
You can cancel your registration at any time by informing us. If you do so, you must stop using Seekers.my.
The suspension or cancellation of your registration and your right to use the Seekers.my shall not affect either party’s statutory rights or liabilities.
10. Term and Termination
These Terms will remain in full force and effect while you are a user of any Seekers.my’s services.
Seekers.my reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from Seekers.my and immediate termination of your registration with or ability to access Seekers.my and/or any other services provided to you by Seekers.my, upon any breach by you of these Terms or if Seekers.my is unable to verify or authenticate any information you submit to a Seekers.my registration.
Even after you are no longer a User of the Seekers.my, certain provisions of these Terms will remain in effect.
11. Seekers.my’s Liability
Seekers.my act as a site for:
Seekers.my is not responsible for the accuracy, quality, safety or legality of the Content, and the ability of Employers to offer job opportunities to candidates or the ability of candidates to fill job vacancies.
The Seekers.my also provides content from other internet sites or resources.
The use of all Seekers.my and the Seekers.my's content is at your own risk.
Nothing on Seekers.my shall be considered an representation or warranty with respect to anyone including third parties, whether in regards to its web sites content, products, services, hiring, experience, employment or recruiting practices or otherwise.
If we are in breach of these Terms, we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence to both of us at the time you use the Seekers.my.
Our liability shall not, in any event, include business losses such as lost data, lost profits, or business interruption.
As for PDPA(Personal Data Protection Act 2010 (Act), we agree and undertakes that it shall comply with the provisions of the PDPA 2010(Act) and its regulations, by-laws, codes of practice and any regulations pertaining to the requirement of the Act that may be issued from time to time, in connection with any obligations under this engagement which requires it to process the personal data.
We hereby warrant to the Employer that it has obtained the consent (including explicit consent for any sensitive data) from the Candidate for it to process the personal data and transfer the same to the Employer.
Seekers.my shall not be liable for any loss of information caused as a result of any interruption, or any damages that are caused by the Candidate.
We shall not be liable for suspension or termination of Seekers.my services or Seekers.my content, accuracy, or quality of information available or transmitted through Seekers.my services. You acknowledge and agree that it is not Seekers.my'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 Seekers.my and/or Seekers.my Services.
The Terms and Use shall be governed by and construed in accordance with the laws of Malaysia, and the parties shall submit to the non-exclusive jurisdiction of the courts of Malaysia. As a convenience, Seekers.my includes Third Party Website which links to Employer websites or material which are beyond its control. We are not responsible for content on any site outside the Seekers.my.
You agree to defend, indemnify, and hold harmless Seekers.my and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:-
Any Content or other material you provide to any Seekers.my Services;
Your use of any Seekers.my Content; or
Your breach of these Terms.
Seekers.my shall provide notice to you promptly of any such claim, suit, or proceeding.
Any refund of payment made to Seekers.my shall be at the sole discretion of Seekers.my.
15. Applicable Law
These Terms will be subject to the laws of Malaysia.
We will make an effort to solve any disagreements efficiently. Should you not be satisfied with the way we deal with any disagreement and you want to take court proceedings, you must do so within Malaysia.
16. International Use
We make no promise that materials on the Seekers.my are appropriate or available for use outside of Malaysia. Accessing the Seekers.my from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Seekers.my from outside Malaysia, you do so on your own initiative and you are responsible for compliance with your respective local laws.
You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
If you breach these Terms and Seekers.my chooses to ignore this, Seekers.my will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
We shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
If any of these Terms 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 not affect the other provisions of these Terms and all provision not affected by such invalidity, or unenforceability shall remain in full force and effect.
Seekers.my is operated by an owned company Seekers Technology Sdn. Bhd., and the subsidiary of JTK C License holding entity Agensi Pekerjaan Job Search Asia Sdn. Bhd.
19. Extended support for the boost function
If Employer is unable to obtain the relevant candidate information after one week of using the Boost function, Seekers.my may provide extended support. However, the decision of whether or not to provide such support lies solely with Seekers.my.
When recruiting using the Boost function provided by Seekers.my, jobs that meet the following conditions are not eligible for extended support by the administrator:
The administrator will check the original job requirements to determine the validity of the relevant candidate and will not offer extended support if the relevant candidate is identified.