Terms and Conditions
YOU SHOULD CAREFULLY READ THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS, YOU SHALL LEAVE THIS SITE IMMEDIATELY.
1. Introduction
1.1. Me2Works provides a platform intended for businesses to hire and professionals be hired for project-based work, part time jobs, short term and casual work.
1.2. Access to and use of the contents and Services provided on the Site are subject to the term and conditions which are set out below.
1.3. If you do not accept the Terms and Conditions, please do not join, access, view, download or otherwise use any Services offered by Me2Works through the Site. By your continued use of the Site, you acknowledge that you have read and understood the Terms and Conditions and that you agree to be bound by all of its provisions.
1.4. Me2Works reserves the right to amend, add to, delete, or revise the Terms and Conditions at any time without prior notice. You are advised to periodically review the Privacy Statement and the Terms and Conditions. Your access to the Site and Me2Works’s services will be terminated upon your notice to Me2Works that any change is unacceptable; otherwise, your continued use shall constitute your acceptance of all changes and they shall be binding upon you.
2. Definitions
2.1. In these Terms and Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
“Account”: means an account registered and established with Me2Works;
“Account Holder”: means the person and/or entity who has registered and established an Account with Me2Works;
“Account Information”: means any information (which expression shall include any aggregate or derivative information) provided by an Account Holder to Me2Works, including but not limited to (as may be applicable) any personal information and data, contact information, business information, resumes, CVs and salary;
”Database”: means the database(s) in which Account Information is stored;
“Me2Works”: means Me2Works Pty Limited;
”Online Payment”: means payment by any one or more of the following payment modes as may be designated by Me2Works from time to time: Credit card, bank transfer and other designated payment modes through Me2Work’s designated payment processing companies;
”Other Payment”:means payment by cheque deposit, cashier’s order or direct bank transfer to a bank account designated by Me2Works as shown on the Site;
”Order”: means an online order placed through the Site by an Account Holder and received by Me2Works for the Services in accordance with these Conditions;
”Package”: means package plans sold by Me2Works on the Site or through Me2Works sales team;
”Package Period”: means the validity period of a Package as specified in an Order (where none is stated, the Package Period shall be 365 calendar days from the date of the Order);
”Published Information”: means posts, resumes, CVs, advertisements, articles, representations, messages, materials, views, comments, testimonials, web pages and/or such other information published by users;
“Professional”: means an Account Holder who has registered an account designated for professionals seeking jobs;
“Employer”: means Account Holder(s) who have registered an Account designated for recruiters seeking to hire or employ Professionals;
“Services”: means the services provided by Me2Works on the Site;
“Site”: means any website, job portal or mobile application owned and operated by Me2Works and its affiliates/subsidiaries or its service providers;
“Credit”: means a credit/token/coin granted to an Account Holder pursuant to these Terms and Conditions; and
“user”: means any user of the Site, whether or not they are Account Holders.
3. The Site
3.1. All users who (i) have not registered and established a valid and active Account; and (ii) are not logged into an active session using such an Account, may only use the Site for the following purposes:
(a) Informing the user of the general nature of the Site and the business of Me2Works; and
(b) Registering an Account with Me2Works.
4. Accounts
4.1. All Services on the Site are exclusively and only provided to Accounts Holders who are holding an Account which has been duly registered with Me2Works, is active and not suspended or terminated.
4.2. Each Account is subject to the following general terms and conditions:
(a) When you create or update an Account, you must provide Me2Works with accurate and up to date Account Information or other information which Me2Works may require from time to time which may be personal to you and identify you as a person. Me2Work’s retention of such information is subject to the terms and conditions herein, including but not limited to Section 8 (Account Information) and Section 14 (Privacy) below;
(b) You cannot share the Account or the login information with anyone, unless the terms of these Terms and Conditions allow it; and
(c) You shall not use the Site for any uses other than those set out in Section 11 (Acceptable Site Uses) below and, without prejudice to the generality of the aforesaid, not use the Site as set out in Section 12 below (Prohibited Uses).
4.3. By registering an account:
(a) as a Professional, you represent, warrant and acknowledge that you are a person who is seeking employment, project based work, part time jobs, short term or casual work.
(b) as a Employer, you represent, warrant and acknowledge that you are (i) a person who is recruiting person(s) for employment, project based work, part time jobs, short term or casual work; or (ii) the agent of such a person.
4.4. Each Account Holder shall (i) solely be responsible for keeping his/her login information safe and secure and shall do so with due care and diligence; and (ii) immediately notify Me2Works of any unauthorized use of the Account.
5. Services
5.1. Services provided by Me2Works through the Site are only available to (i) Professionals seeking work, employment, or jobs; and (ii) Recruiters seeking to recruit Professionals and to promote work, employment, or jobs.
5.2. Subject to these Terms and Conditions, the Services provided by Me2Works are those which are published on the Site from time to time.
5.3. Upon the termination of an Account, Me2Works shall be discharged from and no longer be under any obligation to provide Services.
6. Service Fees
6.1. Me2Works may charge service fees in exchange for the Services provided by Me2Works on such terms and conditions as shall from time to time be published on the Site and/or otherwise specified by Me2Works in writing only.
6.2. The amount of service fee charged will be published on the Site and/or otherwise specified by Me2Works in writing.
6.3. The service fee charged are subject to change and Me2Works reserves the right to change the amount of service fee charged from time to time by publishing such change on the Site or otherwise giving notice to the affected Account Holder(s).
6.4. In the event that any Account Holder fails to pay the service fee or any other fees or charges due to Me2Works, Me2Works reserves the right to suspend that Account Holder’s access to all or a part of the Site, Services, Account Information and Database as Me2Works shall deem fit without prejudice to all other rights and remedies available to Me2Works.
6.5. Subject to Me2Work’s absolute discretion, no Services, for which a service fee is charged, shall begin unless and until full payment has been received for the relevant Order. In the event that such Service has nonetheless begun, Me2Works may suspend the same without prior notice to the Account Holder.
7. Orders
7.1. Account Holder shall indicate the Services and/or Packages it wishes to order, at the price and in the currency specified by Me2Works at the Site, by placing an Order on the designated online form at the Site and providing to Me2Works all necessary information as may be required by Me2Works at the Site. Account Holder warrants and undertakes that all information provided to Me2Works is complete, true, accurate and up-to-date.
7.2. All Orders made by the Account Holder for one or more Services shall be deemed to be an offer made by the Account Holder to purchase such Services upon the terms of these Conditions and for the selected Services set out in the Order.
7.3. Upon successful submission of an Order by the Account Holder and confirmation of receipt of such Order by Me2Works, a binding contract shall be formed upon the terms set out in these Terms and Conditions, the terms of the Order, and such other terms and conditions as Me2Works may impose as a condition of its acceptance of such Order.
8. Payment
8.1. General
8.1.1. Unless otherwise stated on the Site, all prices for Services and Packages are in Hong Kong Dollars and all payment to Me2Works shall be made in Hong Kong Dollars.
8.1.2. Unless otherwise agreed by Me2Works in writing, payment for the Services shall be made by Account Holder in full by valid Online Payment or valid Other Payment prior to provision of the Services. The Account Holder shall be liable for full payment of the Service ordered even if the Service is cancelled or terminated before the Service has been fully rendered.
8.1.3. Me2Works shall not be liable for any errors in the pricing or specification of Services ordered by the Advertiser that may appear at the Site.
8.1.4. The Account Holder shall bear all applicable duties, tariffs and taxes at the prevailing rates.
8.1.5. The Account Holder shall solely be responsible for ensuring that payment is duly received by Me2Works.
8.1.6. Me2Works reserves the right to exercise its lawful remedies if a dispute or issue arises over Online Payments or Other Payments, or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the relevant payment processing company or the paying bank rejects or reverses payment for an Order, or if Me2Works does not receive full payment for an Order. Me2Works may in its discretion:
(a) reject such Order;
(b) suspend or terminate the provision of Services specified in such Order; and/or
(c) claim against the Account Holder for the full price of the Order as a debt.
8.1.7. The Account Holder agrees that Me2Works shall be entitled (without any obligation to deliver prior notice to or obtain consent from the Account Holder) to set-off and deduct from any amounts due to the Account Holder or any unutilized credits in a Service Package, all sums owed by the Account Holder to Me2Works under any and all contracts and other agreements.
8.2. Online Payment
8.2.1. All Online Payments are subject to processing by Me2Works’s payment service provider, the approval of the relevant payment processing company and the relevant paying bank. Me2Works shall not be liable in any way (i) if the payment service provider, the relevant payment processing company or the paying bank refuses to process or accept any Online Payment particulars for any reason; or (i) for any other damage or loss caused to the Account Holder by using the services of the said payment processing company and the relevant paying bank.
8.2.2. The Account Holder agrees to submit such Online Payment or card information and other information as may be reasonably requested by Me2Works or its payment service provider to process the Order, payment for the Order, and to arrange for invoicing. All card information will be received and processed directly by the payment service provider of the Account Holder, and Me2Works will not retain any card information. All information received and accessed by Me2Works shall be subject to Me2Works’s Privacy Statement. The Account Holder agrees that Me2Works shall not be liable for any loss, damage, or liability in the event of any unauthorized disclosure of such information by its payment service provider.
8.3. Other Payments (Cheque or direct bank transfer)
8.3.1. All Other Payments shall be made to a bank account as designated by Me2Works on the Site and shall be subject to Me2Works having received confirmation from its bank that the payment has been duly cleared or transferred.
8.3.2. Me2Works shall not be liable for any loss or damages caused to the Account Holder in the event that payment is not duly cleared or transferred.
9. Credits and Plan Packages
9.1. Acquisition of Credits and Plan Packages
9.1.1. Me2Works will provide credits to your Account upon having completed the purchase of a Plan Package.
9.2. Using Credit
9.2.1. Subject to these Terms and Conditions, Credits may be used to redeem Services on such terms and conditions as may be published on the Site from time to time.
9.2.2. Credits may be used by using the corresponding online form/page indicating the number of credit amount to be deducted and the Services to be redeemed and submitting the same to Me2Works. Upon receipt of your submission, the Credit will be irrevocably deducted from your Account.
9.3. Validity of Credits and Plan Packages
9.3.1. All Credits in a Plan Package must be utilized within the Plan Package Period. There will be no refund or carry forward of any unutilized Credits, nor will Me2Works permit any extension of the Plan Package Period.
9.3.2. If the Account Holder purchases more than one Plan Package, Credit utilization will be based on a first to expire basis without any extension of time to utilize the remaining Credits.
9.3.3. All Credits are valid for such period and for such amount as stated in the Plan Package or invoice issued by Me2Works to the relevant Account Holder. If no period is so stated, the period shall be 365 calendar days.
9.3.4. Credits and Plan Packages are non-refundable and non-transferable. All Credits in a Plan Package must only be used by the Account Holder and for the Account Holder’s own company. The Account Holder shall not apply the unutilized Credits for the benefit of any other company, including any subsidiary or related corporation of the Account Holder. Sharing, reselling or transfer of unutilized Credit in a Plan Package is strictly prohibited. Me2Works reserves the right to terminate the Services and/or Plan Package immediately without liability or refund, where there is a breach of this.
9.3.5. Credits under each Plan Package can only be used for the Services provided by Me2Works in Hong Kong through the Site.
9.3.6. All Credits shall be forfeit immediately upon the termination of an Account.
10. Account Information
10.1. General
10.1.1. Me2Works may, as a part of it Services, from time to time provide access to your Account Information to other Account Holders. You authorize Me2Works : -
(a) to store all Account Information in the Database;
(b) to disclose, publish or otherwise making use of the Account Information provided by the Account Holder for the purpose of providing Services to all or any Account Holders.
10.1.2. In the event that Me2Works charges a fee (whether directly or indirectly) for access to all or any Account Information, you shall have no claim, right, interest, entitlement or otherwise to any such fee received by Me2Works.
10.1.3. You shall provide Me2Works with accurate and up to date information as Me2Works may from time to time require.
10.1.4. You acknowledge and confirm that all Account Information is provided out of your own volition for the purpose of Me2Works providing its Services to all Account Holders.
10.1.5. Me2Works reserves the right to reject, disapprove or edit any Account Information as it deems appropriate and to erase any Account Information which (i) has not been requested by Me2Works; or (ii) Me2Works reasonably believes is inaccurate, offensive, vulgar, false, illegal, unlawful, infringing copyright / trademark / trade name / trade secret or infringe any other intellectual property rights or invade the privacy others having regard to the purpose (including any directly related purpose) for which the data are or are to be used.
10.1.6. Me2Works does not represent, warrant or guarantee that any information in the Database or Account Information is true, accurate or otherwise reliable. You agree and represent that you will (i) make your own independent enquiries; (ii) will not rely on any of the information provided to you by Me2Works at all; and (iii) seek your own independent professional advice if necessary.
10.2. Applicable to Professionals Only
10.2.1. You acknowledge and agree that Me2Works may release your Account Information (including your contact information, resume and/or CV) to any Recruiters through the Site or any other means for the sole purpose of enabling such Employer to recruit you and assess your suitability in relation to any employment and/or job vacancy.
10.2.2. You agree that Me2Works and its associated companies may use your Account Information and personal data (without your name, address and other data from which your identity can be ascertained) for marketing purposes which may be directed to either potential Recruiters, their respective agents or anyone under their employ.
10.3. Save as provided in these Terms and Conditions and , Me2Works will not release your personal data to any person without your permission unless required by or obliged under the prevailing laws and regulations under the circumstances.
10.3.1. Me2Works shall use reasonable endeavours to restrict access to the Database and Account Information to the Recruiters and personnel of Me2Works only,
10.3.2. Me2Works does not warrant or guarantee that other parties will not, without Me2Works’s consent, gain access to the Database and Account Information.
10.3.3. You acknowledge that the Recruiters and other parties who have otherwise gained access to the Database may have retained a copy of your Account Information (including any personal data and information). Me2Works is not responsible for the retention, use or privacy of resumes in these instances, or for the use or privacy of resumes by any of such parties while the resumes are in the Database. Me2Works will not be responsible or held liable in any way if any Employer or other user, in breach of the Terms and Conditions, whether in Hong Kong or elsewhere, uses your personal data, information or materials for any purpose other than for recruiting potential employees and/or freelancers. Professional accepts that all personal data, information, or materials given to Employer or other users, or submitted on or through the Site, are given entirely at his/her own risk.
10.3.4. Notwithstanding the termination of your Account, you agree and consent to Me2Works continuing to use your Account Information for the purpose(s) that all or part of such Account Information was collected.
10.4. Applicable to Recruiters Only
10.4.1. You agree and consent to Me2Works advertising your advertisements inclusive of your logos and written description on other websites of selected parties deemed credible based on Me2Works’s internal evaluation.
10.4.2. You agree that all information or data obtained as a result of access to the Database and Account Information shall only be used for the sole purpose of recruiting and assessing the suitability of Professionals in relation to any of your employment or job vacancy(ies).
10.4.3. You agree that any information or data obtained from the Database and Account Information shall not be disclosed to any other parties without the prior consent of the Professional concerned.
11. Acceptable Site Uses
11.1. General
11.1.1. You shall only use the Site for lawful purposes.
11.2. Applicable to Professionals Only
11.2.1. You agree that you shall only use the Site for the purpose of seeking employment and/or freelance jobs.
11.3. Applicable to Recruiters Only
11.3.1. You agree that you shall only use the Site for the recruitment of Professionals and promoting any job-related activities.
11.3.2. You shall be solely responsible for the contents of and materials contained in your Published Information published on the Site. Me2Works reserves the right to remove or edit, or require the removal or amendment of your Published Information provided by you as it deems fit, or to terminate or suspend your access and use of the Site and/or Services offered on or through the Site, in accordance with these Terms and Conditions.
11.3.3. Me2Works shall have the right to terminate any services offered to you and to remove any of your Published Information posted on the Site at Me2Works’s sole discretion, without any compensation or recourse to you in the event that the you or the contents of your Published Information is or are in breach of any of the provisions herein or any of the provisions in these Terms and Conditions or any other agreement between you and Me2Works; whereas, in the event that Me2Works decides to remove any of your Published Information for any reasons not relating to any breach of the provisions herein or any of the provisions in these Terms and Conditions, Me2Works may after deducting the fees charged for the period that the Published Information has been posted on the Site, refund the remaining fees (if any) to the relevant Employer.
12. Prohibited Uses
12.1. General
12.1.1. You shall not use the Site in any manner that infringes the intellectual property rights or proprietary rights of others.
12.1.2. You shall not print, download, duplicate, transmit, or otherwise copy, reproduce, re-distribute, republish, or use any personally identifiable information about other users save and except that Recruiters may use the Database and/or Account Information and the related information or data accessed by the Employer pursuant to these Terms and Conditions. All unsolicited communications of any type to users are strictly prohibited.
12.1.3. You shall not delete, revise, or remove any material posted by any other person or entity.
12.1.4. You shall not violate or attempt to violate the security of the Site including, without limitation, accessing data not intended for you or logging into a server or account which you are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mail, including promotions and/or advertisements for products or services. Violations of system or network security may result in civil and/or criminal liabilities.
12.1.5. You shall not upload, post, publish, transmit, distribute, circulate or store any material in whatsoever way relating to the Site (i) in violation of any applicable laws or regulations; (ii) in any manner that may infringe the copyright, trademark, trade secrets or other intellectual property rights or proprietary rights of others or violate the privacy or publicity or other personal rights of others; (iii) that is harmful, defamatory, libellous, obscene, discriminatory, harassing, threatening, abusive, hateful, racist, blasphemous, false, illegal, improper or is otherwise offensive, vulgar or objectionable; (iv) in the manner that causes unrest in politics, religion, national security or stability of Me2Works; or (v) that contains viruses, trojan horses, worms, corrupted files or other materials that may interrupt, damage or limit the functionality and operation of the Site, the services offered on the Site, or of any computer software or hardware or telecommunication equipment.
12.1.6. You are prohibited in using screen scraping, data mining, robots or similar data gathering and extraction tools on the Site for establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication, except with our prior written consent.
12.1.7. Any communications or use of the Site for any purposes other than recruitment purposes, including but not limited to soliciting of donations or business for any reason, are strictly prohibited.
12.2. Applicable to Professionals Only
12.2.1. You shall not post any non-resume related information or data and/or incomplete, false or inaccurate resume related information or data on the Site and/or information belonging to or relating to another person other than yourself.
12.2.2. You shall not respond to any job vacancy advertisement for any reason other than to apply for the job advertised.
12.3. Applicable to Recruiters Only
12.3.1. You shall not respond to any Professional other than in connection with his/her application for a job.
13. Notices
13.1. Each notice, demand or other communication given or made by Me2Works under these Terms and Conditions shall be deemed to have been delivered (a) if sent by email to any of the Account Holder’s email(s) registered with Me2Works, on the date of sending; or (b) if sent by ordinary post to the Account Holder’s address registered with Me2Works, 7 days if overseas and 48 hours if in Hong Kong after the date of posting.
14. Privacy
14.1. Please see the Personal Information Collection Statement and Policy which sets out information explaining how your personal data is collected and used.
15. Intellectual Property Rights
15.1. All contents of the Site, including without limitation information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Site (collectively “Contents”) are the intellectual property of Me2Works or its licensors and are protected by copyright, trademark, patent and other intellectual property laws. Users acknowledge and agree that the Contents 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. Me2Works 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 Recruiters) 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.
16. Responsibility
16.1. Me2Works reserves the right to monitor the Site and its contents at any time, but is not obliged to do so. Me2Works takes no responsibility whatsoever for any material on the Site that is not posted by Me2Works or is otherwise posted by Me2Works on behalf of a user. All users acknowledge and agree that they are fully responsible for the form, content and accuracy of any Published Information submitted by them to Me2Works or that is otherwise posted by them on or through the Site. Me2Works does not warrant that any Published Information 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. Me2Works shall not in any way be considered an agent of either Employer or Professional with respect to any use of the Site. Me2Works shall not be responsible in any way for any decision, for whatever reason, made by any party seeking or posting jobs on the Site, or of any party responding to or posting advertisements on the Site. WHILST ME2WORKS HAS ENDEAVORED TO PROVIDE A QUALITY SERVICE TO RECRUITERS AND PROFESSIONALS, 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, ME2WORKS 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, ME2WORKS 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 AND/OR LEGAL ADVICE WHERE NECESSARY.
17. Own Risk
17.1. 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. Me2Works 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. Me2Works 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 Me2Works’s sole discretion without notice and/or consent whatsoever.
18. Links to Other Websites
18.1. 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 Me2Works of the contents on such third-party websites. Unless otherwise stated on the Site, Me2Works 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. Me2Works 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. Me2Works 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 or contents of such third-party websites. Further, any data or material posted on the Site by any user may be viewed by users of other websites linked to the Site and Me2Works shall not be responsible for any improper use by any user or third-party other than Me2Works of any data or materials posted on the Site.
19. Indemnity
19.1. All users agree to indemnify, and hold harmless Me2Works 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 or its 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 Me2Works.
20. Disclaimer
20.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ME2WORKS 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 AND ITS 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.
21. Dealing with Recruiters
21.1. User’s communication or business dealings with, or participation in promotions organized by, Recruiters found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such Employer. Me2Works shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such dealings or as a result of the presence of the Recruiters on the Site or as a result of the accuracy or truthfulness of any information or data posted by the Recruiters.
22. Dealing with Other Users
22.1. Notwithstanding that Me2Works uses its reasonable endeavours to provide impartial job seeking and recruitment services, and represents a media supporting information exchanged between Recruiters and Professionals, Me2Works will not be involved in dealings or disputes between Professional and Employer and Me2Works shall not be responsible or held liable for the quality, security and legitimacy of the recruitment service. Me2Works does not warrant or guarantee the accuracy of the information and/or the resume provided by Professional or of the recruitment advertisements provided by Employer. Me2Works does not guarantee that Employer will be able to pay the relevant remuneration or that Professional will be competent to take the job offered by the Employer. Should any dispute arise between Employer and Professional, Employer and Professional should resolve such disputes between themselves and Me2Works shall not be responsible and held liable for any disputes thereof.
23. Limitation of Liability
23.1. Without prejudice to the above and subject to the applicable laws, the aggregate liability of Me2Works to any user for all claims arising from or relating to his/her use of Me2Works’s services and the Site shall be limited to the fees received by Me2Works in respect of the services giving rise to such claims.
24. Suspension
24.1. If Me2Works detects any potential breach of these Terms and Conditions, Me2Works is entitled to suspend or limit your access to the Site, Services, Database, your Account and Account Information pending investigation of such breach by Me2Works.
25. Termination
25.1. In the event that any information provided by the user is inaccurate, in breach of any laws or contains indecent or offensive elements, Me2Works may immediately 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. Me2Works reserves the right at any time to immediately terminate or suspend any user’s account or access to the Site without notice, where Me2Works 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 Me2Works in its sole discretion considers appropriate, desirable or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate. Me2Works shall have the sole and absolute discretion to decide whether the user, Professional or Employer has breached any of the Terms and Conditions, and such decision shall be final. In case Me2Works has not exercised the right under this Clause, it shall not be deemed to be a waiver.
26. Modification to Access or Site
26.1. Me2Works 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. Me2Works shall not be liable to users or to any third party for any such modification, change, suspension, discontinuation or restriction.
27. Security Measures
27.1. Me2Works will use its reasonable endeavours to ensure that its officers, directors, employees, agents and/or contractors exercise their prudence and due diligence in handling the personal data submitted by Professional and that access to and processing of the personal data by such persons is on a “need-to-know” and “need-to-use” basis. Me2Works will use its reasonable endeavours to protect Professionals’ personal data against any unauthorized or accidental access, processing or erasure of the personal data.
28. Governing Law and Jurisdiction
28.1. The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Site shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”).
28.2. The parties hereto agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.
28.3. 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:
(a) The appointing authority shall be Hong Kong International Arbitration Centre (“HKIAC”).
(b) The place of arbitration shall be in Hong Kong at HKIAC.
(c) There shall be only one arbitrator.
(d) The language to be used in the arbitral proceedings shall be English.
28.4. 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.
29. Force Majeure
29.1. Without prejudice to the provisions of these Terms and Conditions limiting or disclaiming liability, Me2Works 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.
30. Entire Agreement
30.1. The Terms and Conditions shall constitute the entire agreement between user and Me2Works 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.
31. Severability
31.1. 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.
32. Data Protection Clause
32.1. Me2Works has taken every reasonable step to comply and will continue to comply with its obligations as a data processor arising from the data protection and privacy laws in force from time to time to the extent that those obligations are relevant to this Agreement. The term Confidential Information will not, however, include any information that identifies or directly relates to natural persons (“Personal Data”). Each party will exercise commercially reasonable efforts not to disclose any Personal Data to the other party and to restrict the other party’s access to its Personal Data, but if a party is given access to the other party’s Personal Data, the receiving party will protect such Personal Data using a reasonable standard of care.
33. Variation of Terms
33.1. Me2Works may vary these Terms at any time. If Me2Works varies these Terms, it will provide notice by publishing the varied Terms on the Site.
33.2. You accept that by doing this, Me2Works has provided you with sufficient notice of the variation to its Terms.