Terms and Conditions

INTRODUCTION

You are required to read this page carefully. It contains the terms and conditions (hereinafter as "Terms and Conditions") governing your access to and use of the MyKerja services and websites, whether under full or partial control of MyKerja (collectively as "Sites") and MyKerja‘s online and/or mobile services and websites, including any MyKerja mobile application (collectively as " MyKerja apps"), provided by Agensi Pekerjaan  MyKerja Sdn Bhd and/or one of its associated companies. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Sites. These Terms and Conditions are effective as of the date of the launch of the MyKerja website.

AGREEMENT

Each time you access or use MyKerja apps, regardless of where it is downloaded from, and any software provided by or on behalf of  MyKerja on or in connection with such Sites:

• you represent that you have read and understood all policies on MyKerja's apps and Sites; and
• you hereby agree to the Terms and Conditions stated herein and therein.

All references to "we", " MyKerja", "  MyKerja Sdn Bhd" refer to the same applicable entity a set forth above.

The Terms and Conditions (as may be amended from time to time by MyKerjaform a binding agreement (the "Agreement") between you and MyKerja. Your access to or use of the  MyKerjaservices indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.

DEFINITIONS

INTELLECTUAL PROPERTY RIGHTS

The Sites, the  MyKerja Materials and all rights, title and interest in and to the Sites and  MyKerja Materials are the sole property of MyKerja or its licensors, and are protected by Malaysia and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, MyKerja reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or MyKerja Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Sites other than the search engine and search agents available from   MyKerja on such MyKerja Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the MyKerja Sites, without the express written consent of MyKerja. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The MyKerja Materials are not considered to be works for hire and you may duplicate such MyKerja Materials only for the purposes outlined in the Service Activation Agreement. The MyKerja design logo and certain other names or logos are service marks or trademarks of MyKerja, and all related product and service names, design marks and slogans are the service marks or trademarks of MyKerja. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by  MyKerja's trademarks, service marks, and copyrights. Any code that MyKerja creates to generate or display the Content or the pages making up the Sites is also protected by  MyKerja's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or MyKerja Materials on any authorized copy you make of the Content or MyKerja Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.

TERMS OF USE

General Use

The Sites are intended for individuals seeking career enhancement, career advice, and employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of MyKerja's intended and acceptable use of the Sites.  MyKerjais the sole interpreter of the Sites' intended and acceptable use.

License to use by Users who are Job Seekers

 MyKerja hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities, career enhancement, and career advice for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, non-commercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. MyKerja reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

License to use by Users who are Employers

 MyKerja hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. MyKerja also grants you a limited, terminable, non-exclusive license to use the MyKerja Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by  MyKerja to any third party without the express written authorization of MyKerja. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. MyKerja reserves the right to suspend or terminate your access and use at any time if MyKerja determines that you are in breach of these Terms and Conditions.

Employer Material

Employer represents, warrants, and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants MyKerjaa non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.

Use of Data

You understand and agree that MyKerja owns and has the right to collect, extract, compile, synthesize, and analyze data, which includes aggregate and unaggregated data. MyKerja may use such data for any lawful business purpose without a duty of accounting to you. "Aggregate Data" means de-identified aggregated data or information regarding Job Seekers' educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers' occupation, location, salary, education and experience).

User submission

 MyKerja welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that MyKerja does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send MyKerja creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of MyKerja. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on MyKerja's part, and MyKerja will not be liable for any use or disclosure of any User Submission. MyKerja shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

Third Party Providers

You acknowledge and agree that MyKerja may provide the Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between  MyKerja and its Third Party Providers, MyKerja will have sole responsibility for handling all billing and contract negotiations.

DISCLAIMERS AND LIMITATIONS ON  MyKerja'S LIABILITY

 MyKerja assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. MyKerja acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions,  MyKerja may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document.  MyKerja has no liability or responsibility to Users for performance or non-performance of such activities. MyKerja may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

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

WARRANTY DISCLAIMERS

(a) THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MyKerja, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. MyKerja MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.

(b) WITHOUT LIMITATION ON THE FOREGOING:

(i)  MyKerja DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MyKerja IS NOT RESPONSIBLE FOR THOSE COSTS.

(ii)  MyKerja makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with

(iii)  MyKerja makes no representations or guarantees regarding the Content of the Sites, including, but not limited to, broken links, inaccuracies or typographical errors.

(iv)  MyKerja MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES.  MyKerja DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF

(a) THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MyKerja, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. MyKerja MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.

(b) IN NO EVENT SHALL MyKerja (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MyKerja IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU.

(d) Due to the nature of this Agreement, in addition to money damages, you agree that MyKerja will be entitled to equitable relief upon a breach of this agreement by you.

USER AUTHENTICATION

Because User authentication on the Internet is difficult, MyKerja cannot and does not confirm that each User is who they claim to be, although MyKerja undertakes to authenticate Users on a reasonable endeavour basis. Because MyKerja does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release MyKerja from claims, demands, and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

LINKS TO OTHER SITES

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

AMENDMENTS TO THIS AGREEMENT AND CHANGES TO SITES

 MyKerja may revise these Terms and Conditions at any time by updating this page and other related pages that publishes the Agreement. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by MyKerja unless MyKerja agrees to them in a signed writing specifically including those new or different terms.  MyKerja may change the Sites at any time.

INDEMNITY

When you register on any of the MyKerja Sites or in connection with the Services, you will be asked to create an account and provide  MyKerja with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.

All User Information will be used in accordance with the terms of MyKerja's Privacy Policy. Please note, as set forth in the Privacy Policy, that MyKerja may collect certain User Information and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, MyKerja reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.

GENERAL

 MyKerja contact information is listed on the Sites. MyKerja makes no claims that the Content is appropriate or may be downloaded outside of Malaysia. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access MyKerja from outside of Malaysia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Activation Agreement, if you have one, are governed by the laws of Malaysia, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the courts of Malaysia. The sole relationship between you and MyKerja is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by MyKerja in a particular "Legal Notice," or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and MyKerja.

RULES REGARDING POSTING, CONDUCT, AND SECURITY

Posting Rules

(a) You may not post or upload any Document to a Site that contains: (i) URLs or links to web sites other than to recruitment related pages on your company web site (to advertise your company or web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.

(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership").

(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted.

(d) In limited circumstances, at MyKerja's sole discretion,  MyKerja allows non-traditional job postings such as education/training, business opportunities, franchise, and multi-level marketing opportunities to be posted on the Sites. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. MyKerja reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if MyKerja deems such job posting to conflict with the best interests of its Users or detract from the User experience.

(e) Résumé postings must contain the accurate résumé of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.

(f)  MyKerja is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at MyKerja's sole discretion.

Conduct Rules

(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer's business are prohibited.

(b) You may not send unsolicited commercial email to Users.

(c) Protect your password. Your MyKerja account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for an MyKerja account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your  MyKerja account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify MyKerja immediately of any unauthorized use of your account or password.

(d) Report inappropriate postings or conduct to us in any available methods.

(e) You may not delete or revise any material posted by any other person or entity.

(f) If at any time MyKerja comes to the understanding that you: (i) misled MyKerja regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, MyKerja reserves the right to terminate your Agreement.

Conduct Rules

(a) Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

(b) Violation of these Security Rules may result in civil or criminal liability. MyKerja will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

COPYRIGHT COMPLAINTS

 MyKerja respects the intellectual property of others. It is MyKerja's policy to respond to claims of copyright and other intellectual property infringement.  MyKerja will promptly process and investigate notices of alleged infringement and will take appropriate actions applicable intellectual property laws. Upon receipt of any such notices, MyKerja may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.  MyKerja will terminate access for Users who are repeat infringers.