Last updated: 01/09/2016
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, CLAUSES THAT GOVERN THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. IN PARTICULAR, USER SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE COUNTRIES AND CITIES IN TERMS OF HIRING A DOMESTIC HELPER OR WORKING AS A DOMESTIC HELPER.
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Key Terms
Helper Direct (hereinafter referred to as "Helper Direct", "we", "us" or "our") provides an online platform that facilitates the matching of Job seekers (i.e. domestic helpers) and Employers ("Services"), which Services are accessible at www.myhelperdirect.com or any other means through which Helper Direct makes the Services available. (collectively, the "Site")
Access to and use of the contents and services provided on the Site shall be subject to the term and conditions which are set out below ("Terms") and the Privacy Policy ("Privacy Policy"), whether or not you have registered with the Site. For further details about Helper Direct’s Privacy Policy, please click on this link.
If you do not accept either or both of the Terms and Conditions and/or the Privacy Policy, please do not join, access, view, download or otherwise use any services offered by Helper Direct via the Site. By your continued use of the Site, you acknowledge that you have read and understood the Terms and Conditions and the Privacy Policy and that you agree to be bound by all of its provisions. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.
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Definitions
"Job Seeker(s)" means domestic helpers seeking employment.
"Employer(s)" means user who views the Job Seeker listing or places a job advertisement ("Job ad") via the Site.
The terms "you", "user" and "users" herein refer to all individuals and/or entities accessing and/or using the Site at any time for any reason or purpose.
"Listing" means Job Seeker listing which contains the personal data and other related information that is posted by a Job Seeker as available for browsing via the Site and Services.
"Member" means a person who completes Helper Direct’s account registration process, including but not limited to Employers and Job Seekers.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Member profile through the Site or Services.
"Collective Content" means Member Content and Helper Direct Content.
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Modification
Helper Direct reserves the right, at its sole discretion, to modify, add to, delete or revise the Site, Services, Privacy Policy or these Terms at any time without prior notice. You are advised to periodically review the Privacy Policy and the Terms with the last updated date. Your continued use shall constitute your acceptance of all changes and they shall be binding upon you.
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Eligibility
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
To use the Site and/or Services as a Job Seeker, you must be of minimum working age in the country where you are looking for jobs, and of minimum age for hiring in the country where you reside. To use the Site and/or Services as an Employer, you must agree to follow the laws and regulations in your residing country in terms of hiring and employing a domestic helper.
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How the site and Services Work
The Site and Services can be used to facilitate the listing and hiring of domestic helpers or a job position. You may view Listings as an unregistered visitor to the Site and Services; however, if a Job seeker wish to create a Listing or an Employer wish to post a job ad via Helper Direct, you must first register to create an Account.
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Listings
As a Helper Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the job seeker profile to be listed. In order to be featured in Listings via the Site and Services, all compulsory fields must be completed. Listings will be made publicly available (except your personal identifiable information, contact numbers and home address) via the Site after approval by Helper Direct. You understand and agree that the placement or ranking of Listings in search results may be random or depend on a variety of factors, including, but not limited to, date of posting, expected job start date etc.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will be in compliance with all applicable laws (such as labour laws and immigration laws), tax requirements, and rules and regulations that may apply to any information included in a Listing you post. Please note that Helper Direct assumes no responsibility for a Member’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Helper Direct reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Helper Direct, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Helper Direct’s then-current Terms or otherwise harmful to the Site or Services.
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User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site or Services. In connection with your use of the Site or Services, you may not and you agree that you will not:
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violate any local, state, provincial, national, or other law or regulation, or any order of a court;
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use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Services or Collective Content;
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access or use our Site, Application, Services or the Helper Direct API to use, expose, or allow to be used or exposed, any Helper Direct Content: (i) that is not publicly displayed by Helper Direct or listing pages; (ii) in any way that is inconsistent with the Helper Direct Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Helper Direct's users or any other third party;
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use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Helper Direct endorsement, partnership or otherwise misleads others as to your affiliation with Helper Direct;
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dilute, tarnish or otherwise harm the Helper Direct brand in any way, including through unauthorized use of Collective Content, registering and/or using Helper Direct or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Helper Direct domains, trademarks, taglines, promotional campaigns or Collective Content;
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copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
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infringe the rights of Helper Direct or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
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interfere with or damage Helper Direct Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
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use Helper Direct Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs, personal contact information or account numbers of others without their permission,
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use Helper Direct Site, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
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collect or store any personally identifiable information about any other user other than for purposes of transacting as an Helper Direct Job Seekers and Employers;
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register for more than one Helper Direct Account or register for a Helper Direct Account on behalf of an individual other than yourself;
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recruit or otherwise solicit any Job Seekers or Employers to join third-party services or websites that are competitive to Helper Direct, without Helper Direct's prior written approval;
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impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
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manually or use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;
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use the Site, Services or Collective Content to find a Job Seeker or Employer and then complete a job matching independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to Helper Direct's provision of the Services or for any other reasons;
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violate these Terms or Helper Direct's then-current Terms or Privacy Policy
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engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Site, Platform, or Services;
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post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
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systematically retrieve data or other content from Helper Direct Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
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use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Services or Collective Content, Helper Direct's name, any Helper Direct trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without Helper Direct's express written consent;
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access, tamper with, or use non-public areas of the Site or Services, Helper Direct's computer systems, or the technical delivery systems of Helper Direct's providers;
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attempt to probe, scan, or test the vulnerability of any Helper Direct system or network or breach any security or authentication measures;
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avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Helper Direct or any of Helper Direct's providers or any other third party (including another user) to protect the Site, Services or Collective Content;
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forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
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attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
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advocate, encourage, or assist any third party in doing any of the foregoing; or
Helper Direct has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Helper Direct may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or Helper Direct Account, for a violation of this Section or these Terms.
Helper Direct may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Helper Direct or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Helper Direct, its users, or members of the public. You acknowledge that Helper Direct has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Helper Direct reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Helper Direct, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
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Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HELPER DIRECT AND ITS ASSOCIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR DAMAGE OF ANY KIND SUFFERED BY ANY USERS WHATSOEVER DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO THEIR USE OF OR INABILITY TO USE THE SITE, SERVICES AND COLLECTIVE CONTENTS, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN SUCH CONTENTS, OR ANY DELETION, INCORRECT OR DELAYED TRANSMISSION OR LOSS OF ANY CONTENTS OR MATERIALS UPLOADED OR TRANSMITTED THROUGH THE SITE.
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Limitation of Liability
Without prejudice to the above and subject to the applicable laws, the aggregate liability of Helper Direct to any user for all claims arising from or relating to his/her use of Helper Direct’s services and the Site shall be limited to the fees received by Helper Direct in respect of the services giving rise to such claims.
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Modification to Access
Helper Direct reserves the right at any time and from time to time to modify, change, suspend, discontinue or restrict: (a) users’ access to, either temporarily or permanently, the Site (or any part thereof); or (b) the whole or any portion of this Site (and the services provided therein), with or without notice. Helper Direct shall not be liable to users or to any third party for any such modification, change, suspension, discontinuation or restriction.
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Account Registration
In order to access certain features of the Site, to create a Listing or post a job ad , you must register to create an account and become a Member (Employer Member or Helper Member). Your Helper Direct Account and your Helper Direct Account profile page will be created for your use of the Site based upon the personal information you provide to us. You may not have more than one (1) active Helper Direct Account. You agree to use the Site for lawful purposes only and to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Helper Direct reserves the right to suspend or terminate your Helper Direct Account and your access to the Site and Services if you create more than one (1) Helper Direct Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Helper Direct Account, whether or not you have authorized such activities or actions. You will immediately notify Helper Direct of any unauthorized use of your Helper Direct Account.
Member confirms and acknowledges that he/she discloses Member Content to Helper Direct of his/her own volition. By submitting, uploading or posting his/her Member Content on the Site, Member authorizes Helper Direct to store his/her profile in the database of Helper Direct ("Database"). Helper Direct is required to retained the record of the Member Content for a period of time according to Section 56 of the Hong Kong Employment Ordinance law. Member Content will remain active on the Site and be stored in the Database at his/her own risk. Job Seeker acknowledges and agrees that his/her Member Content may be accessed through the use of Helper Direct’s search engine or any other means by Site visitors or the Employer Members who have subscribed to the services of Helper Direct. Job Seeker agrees that Helper Direct and its associated companies may use his/her personal data for marketing purposes which may be directed to either potential Employers, their respective agents or anyone under their employ.
Although Helper Direct shall use its reasonable endeavors to restrict access to the Database only to the personnel of Helper Direct, it does not guarantee that other parties will not, without Helper Direct’s consent, gain access to the Database. Member acknowledges that the other parties who have otherwise gained access to the Database may have retained a copy of Member content. Helper Direct is not responsible for the retention, use or privacy of profiles in these instances, or for the use or privacy of profiles by any of such parties while the profiles are in the Database. Helper Direct will not be responsible or held liable in any way if any user, in breach of the Terms and Conditions, whether in Hong Kong or elsewhere, uses the Member Content for any purpose. Member accepts that all Member Content given to Helper Direct or other users, or submitted on or through the Site, are given entirely at his/her own risk.
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Content License
Subject to your compliance with these Terms, Helper Direct grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Helper Direct Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Helper Direct or its licensors, except for the licenses and rights expressly granted in these Terms.
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Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site or Services, you hereby grant to Helper Direct a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. Helper Direct does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Services or you have all rights, licenses, consents and releases that are necessary to grant to Helper Direct the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Helper Direct's use of the Member Content (or any portion thereof) on, through or by means of the Site, the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
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Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Helper Direct's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Helper Direct may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
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Force Majeure
Without prejudice to the provisions of these Terms and Conditions limiting or disclaiming liability, Helper Direct is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts and non-performance of third parties.
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Links
The Site may contain links to third-party websites. These are provided solely as a convenience to users and as Internet navigation tools, and not in any way as an endorsement by Helper Direct of the contents, products or services on such third-party websites. Unless otherwise stated on the Site, Helper Direct has no control over or rights in such third-party websites and is not responsible for their availability or security. If users access any linked third-party websites, they do so entirely at their own risk. Helper Direct shall not be responsible for the contents of any third-party websites linked to the Site or any links contained in such third-party websites or any changes or updates thereto, and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party websites. Helper Direct shall not be responsible or liable for any loss or damage of any kind arising from or in connection with the use of the services, products or contents of such third-party websites.
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Intellectual Property Rights
All Collective Content of the Site, including without limitation, information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Site are the intellectual property of Helper Direct or its licensors and are protected by copyright, trademark, patent and other intellectual property laws. Users acknowledge and agree that the Collective Content are made available solely for their personal non-commercial use. Except as otherwise provided in this paragraph, users shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, disseminate, distribute, redistribute, broadcast, circulate, store (in any medium), display, modify, sell or transfer or participate in the sale or transfer of or offer for sale of, create derivative works from, or in any way exploit any of the Contents, whether in whole or in part. Users may download or copy the Contents solely for their personal non-commercial use and/or users that are expressly permitted in these Terms and Conditions, provided that users will not delete or amend any symbols or statements in the Contents that indicate the subsistence therein of copyright, trademark and any other proprietary rights. Users do not have any right, title or interest in or to any or any part of the Contents as a result of such downloading or copying. Helper Direct reserves all its rights of enforcement of all its intellectual property rights or proprietary rights in the Contents, including without limitation against any use of any of the Contents that is not expressly permitted under the Terms and Conditions. For the avoidance of doubt, any purported consent of any third parties (including the Job Seekers or Employers) to the use of the Contents or any part thereof shall not in any way exonerate the users from the restrictions/prohibitions imposed hereunder in whatsoever manner.
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Responsibility
Helper Direct reserves the right to monitor the Site and its contents at any time, but is not obliged to do so. Helper Direct takes no responsibility whatsoever for any material on the Site that is not posted by Helper Direct or is otherwise posted by Helper Direct on behalf of a user. All users acknowledge and agree that they are fully responsible for the form, content and accuracy of any profile, information, data, advertisement, web page and/or material submitted by them to Helper Direct or that is otherwise posted by them on or through the Site. Helper Direct does not warrant that any profile, information, data, advertisement or web page will be viewed by any specific number of users or that it will be viewed by any specific user or result in successful recruitment of personnel. Helper Direct shall not be responsible in any way for any decision, for whatever reason, made by any party seeking or posting jobs on the Site. WHILST HELPER DIRECT HAS ENDEAVORED TO PROVIDE A QUALITY SERVICE TO EMPLOYERS AND JOB SEEKERS, IT DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF USE OF THE SITE OR ITS CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BY ANY USER, HELPER DIRECT SHALL NOT BE RESPONSIBLE FOR THOSE COSTS AND ANY LOSS OR DAMAGE OF WHATEVER NATURE. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HELPER DIRECT DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT PREJUDICE TO THE FOREGOING, ANY WARRANTIES IN RESPECT OF MERCHANTABILITY, AVAILABILITY OF FEATURED PRODUCTS OR SERVICES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR OTHER QUALITIES OF THE SITE AND THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED THEREIN. USERS SHOULD INDEPENDENTLY ASSESS AND VERIFY THE ACCURACY, COMPLETENESS AND RELIABILITY OF THE INFORMATION ON THE SITE AND TO SEEK PROFESSIONAL ADVICE WHERE NECESSARY.
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Entire Agreement
Except as they may be supplemented by additional Helper Direct policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms of Service shall constitute the entire agreement between user and Helper Direct relating to his/her/its use of the Site, and shall replace and supersede all other communications (be it written or oral), discussions, letters and contracts relating to the subject matters hereof.
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General
The failure of Helper Direct to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Helper Direct. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
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Severability
The provisions of the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event that any provision or any part of a provision of the Terms and Conditions is determined to be or becomes illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions or remaining part of the provision of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision or part of a provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
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Own Risk
ALL USERS USE THE SITE AND ANY OTHER WEBSITES ACCESSED THROUGH IT, ENTIRELY AT THEIR OWN RISK. All users shall be responsible for their own communications and are responsible for the consequences of their activities on the Site. Helper Direct does not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by other users or endorse any opinions expressed by users. Any reliance by users on any material posted by other users shall be at their own risk. Helper Direct reserves the right to expel any users and prevent their further access to the Site at any time for breaching the Terms and Conditions or violating the laws and regulations and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate at Helper Direct’s sole discretion without notice and/or consent whatsoever.
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Indemnity
All users agree to indemnify, and hold harmless Helper Direct and its associated companies, officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or relating to their use of the Site, Services or its Collective Contents or their breach of the Terms and Conditions, to the fullest extent permitted by applicable law. This indemnification shall be in addition to all other obligations of users under the Terms and Conditions, and shall not prejudice any other rights or remedies available at law to Helper Direct.
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Termination
In the event that any information provided by the user is inaccurate, in breach of any laws or contains indecent elements, Helper Direct shall instantly abrogate the user’s account and membership without notice and reserves the right to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against such user. Helper Direct reserves the right at any time to immediately terminate or suspend any user’s account or access to the Site without notice, where Helper Direct is of the opinion that the user has breached any of the Terms and Conditions or violated any law or regulation, and to take further action as Helper Direct in its sole discretion considers appropriate, desirable or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate. Helper Direct shall have the sole and absolute discretion to decide whether the user, Job Seeker or Employer has breached any of the Terms and Conditions, and such decision shall be final. In case Helper Direct has not exercised the right under this Clause, it shall not be deemed to be a waiver.
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Governing Law and Jurisdiction
The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Site, Services or Collective Contents shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China ("Hong Kong").
Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause:
The appointing authority shall be Hong Kong International Arbitration Centre ("HKIAC").
The place of arbitration shall be in Hong Kong at HKIAC.
There shall be only one arbitrator.
The language to be used in the arbitral proceedings shall be English.
In the event of any breach of the Terms and Conditions by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration. -
Variation of Terms
Helper Direct may vary these Terms at any time. If Helper Direct varies these Terms, it will publish the varied Terms on the Site with last updated date. You accept that by doing this, Helper Direct has provided you with sufficient notice of the variation to its Terms.
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English and other Version
This Terms is written in English language and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of this Terms, the English version shall prevail.
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Contacting Helper Direct
If you have any questions about these Terms, please contact cs@myhelperdirect.com