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JobThai Terms of Service for Employers

Effective as of May 25, 2020

Terms and conditions as specified below (hereinafter called “Terms of Service”) were agreements made between Thinknet Co., Ltd. (hereinafter called the “Company”) as a service provider of job searches and/or job applications for Job Seekers and searches of resumes and/or job advertisements for Employers through websites and/or applications of JobThai, and Employers as the users.Terms and conditions as specified herein shall be binding the Employers upon their accepting to “Agree” of these “Terms of Service”. Please read these “Terms of Service” thoroughly and completely before starting the use of the service. The Company reserved its rights to correct, change or add the Terms of Service without prior notification to the Employers. The Company hereby recommended the Employers to check the Terms of Service regularly during their use. However, in case, the Company significantly changed the Terms of Service, the Company would notify the same to the Employers via emails or would notify the same to the Employers by means of announcement on the website and/or application of JobThai.

Definitions

Under these Terms of Service, unless provided otherwise, any of the following “words” and “expressions” shall be defined as below:“JobThai”means the service of job searches and/or job applications for Job Seekers and the search of resumes and/or job advertisements for the Employers through websites and/or applications, including future products of JobThai;“Advertising”means the advertisements of job vacancies with the objective of personnel hiring in any job positions, including any patterns of advertising as they appear on JobThai;“Data”means data, audio files, music, pictures, videos and other similar things;“Employers”means natural persons or juristic persons lawfully registered, including limited partnerships, limited companies, public limited companies and/or juristic persons under other laws who has applied for membership with JobThai.“Job Seeker”means users of JobThai with an objective of job seeking which includes users who have subscribed to JobThai membership and users who have not subscribed to JobThai membership;“Job Applicant”means an applicant for a job position as it appears or is advertised on JobThai;“Username”means usernames as created by the Employers and approved for logging in and use of services of JobThai;“Passwords”means the code specified by the Employers which approved for use in services of JobThai;“Services”means services presented on JobThai both with costs and without costs, including presentation of useful information to the Employers, Job Seekers and/or general public;“JobThai Resumes”means the personal profiles of Job Seekers, including educational background and work experience provided by Job Seekers which are kept in the JobThai system with consent from the data owners;“Job Applications”means applications created by Job Seekers for job positions as they appear or are advertised on JobThai;

Usernames and Passwords

Employers agreed to keep the confidentiality and not to disclose Usernames and Passwords or any other codes (if any) regarding the use of JobThai services to third parties for any reason whatsoever. The Company shall assume no responsibilities for any damage occurred resulting from the loss of Usernames and Passwords or any other codes (if any) or in case, third parties ascertained such Usernames and Passwords.

Employers acknowledged that any transactions or use of services made by using Usernames and Passwords or any other codes (if any) of the Employers shall be regarded as their own actions which shall be binding the Employers without requiring the Employers’ signatures on any documents.

For the purpose of safety, in case, there is any rotation of employees, officers or related internal personnel of the Employers, the Company recommended such Employers to change their Usernames, Passwords or any other codes (if any).

Scope of Service Provision

For the purpose of safety or any other necessities, the Company may correct, change or add any services given to the Employers without prior notification to the Employers.

All intellectual property relating to JobThai, user accounts, Data, content and services created and developed on the website and/or applications of JobThai or obtained during the service provision shall be regarded as the sole rights of the Company. It is prohibited to reproduce, copy, photocopy, modify, disseminate or take any other actions for dissemination to the general public or for seeking of benefits unless receiving a prior written consent from the Company.

The Company shall assume no responsibilities for mistakes, damage, expenses or losses which may occur from the service provision, including delay of data transfer, period of data dissemination, extenuating circumstances or any other events preventing an access to the use of JobThai services, connections, errors of display, system stability, computer viruses, if the Company has taken reasonable care thereof or as per circumstances.

Employers agreed and consented to give Data in formats and types as requested by the Company as may be necessary and for the purpose of service provision; whereas, the Company shall keep such Data until the Employers intended to delete such Data.

The Company shall assume no responsibilities for failure or defects of the whole or part of its service provision resulting from the failure to comply with these Terms of Service.

Employers agreed and accepted that user accounts are available for specific use and solely owned by the Employers. Employers may not transfer or allow any third parties not being involved or authorized by the Employers to use their user accounts.

The Company reserved its rights to display advertisements for services, Employers or third parties and for JobThai and/or the Company itself to Job Seekers through the website and applications of JobThai.

The Company shall not be bound for service provision until the Employers shall hand over necessary data for service provision as required by the Company or as requested from the Employers.

Nature of Service Provision

“JobThai” is the service of job searches and/or job applications for Job Seekers and the search of resumes and/or job advertisements for the Employers, and the presentation of useful data and information to Job Seekers and the Employers using services in terms of Data, articles, pictures, content, figures used by the Employers for personal presentation or announcement on JobThai services to general public and third parties shall be regarded as the sole responsibilities of the Employers. Since the Company had no powers to control, modify and/or correct the same, therefore, the Company was unable to guarantee the correctness, validity or reliability of Data, articles, pictures, content or figures as presented by the Employers. However, the Company would make its reasonable efforts to supervise the Data, articles, pictures, content, figures or presentation in any patterns thereof on advertisements or announcements on JobThai services as may be suitable.

Regarding the use of JobThai service, Employers may be charged with service fees, or Employers may use such JobThai service free of charges. Employers agreed and consented to comply with the requirements specified in these Terms of Service. Provided that the Employers were informed and acknowledged not to take any of the following actions:

Publish, present or send any illegal or immoral data, words and/or content, or having obscene, disgusting, rude or defamatory content, or having any discrimination of skin colors, races, religions and/or infringement of personal rights of third parties.

Reproduce, falsify, imitate or take any other actions which indicated or potentially made third parties understood that they were competent authorities, representatives or attorneys-in-fact of the Employers for seeking of unlawful benefits or compensation in bad faith.

Reproduce, falsify, imitate, shorten, correct, change or take any actions resulting in changes of statements in JobThai service.

Publish, present or send any data, words and/or content which infringed the copyrights, patents, trademarks, service marks, trade secrets and any other intellectual property rights which may infringed the rights of third parties.

Publish, present, disclose or send any data, words and/or content with personal data of third parties that the Employers failed to ask for consent from owners of such personal data.

Publish, present or send any data, words and/or content with any computer viruses, programs or codes, files or other programs designed for destruction causing suspension of operation of computer hardware or software or restriction of the operation system or being obstacles to the service provision of JobThai.

Publish, present or send any data, words and/or content in the manner of unauthorized invitation or promotion such as “Junk Mail”, “Spam”, chain letters, pyramid schemes in the manner of invitation or promotion in any other patterns.

Publish, present or send any data, words and/or content which promoted, persuaded or supported any illegal or immoral actions, assaults or injuries, damage to persons or body of persons, or supported any torture of animals, including provision of method of explosive assembly or any munitions of war.

Publish, present or send any data, words and/or content which promoted, persuaded or supported any actions causing social impacts or criticism at that time or causing any mass turmoil.

Acceptance of the Terms of Service

Employers certified and confirmed that the Data and any other details as presented or announced by the Employers in JobThai service were true, correct and complete in all respects. In case, the Company found out that such Data was false, the Company reserved its rights to suspend the service provision to the Employers without prior notice, and the Employers shall have no rights of claims for damages against the Company.

Employers certified and confirmed that they will check the information and immediately notify the Company when information is found to be incorrect, error, incomplete, deleted, modified or defective. Otherwise, this information will be considered accurate, complete, or in accordance with the purposes of the Employers. The Company is able to edit information to be accurate and complete as it sees fit without the consent of the Employers.

Employers have thoroughly read and understood these Terms of Service and agreed to comply herewith and/or any amendments hereof to be announced or prescribed by the Company afterwards.

The Company reserved its rights to correct, change or add the Terms of Service, as well as rates of service fees, advertising costs, fees and expenses incurred from the service provision; whereas, the Company shall announce or notify the same to the Employers for not less than 15 (fifteen) days in advance. When the Employers used the services after the effective date of such changes, it shall be regarded that the Employers accepted such terms and conditions.

Employers agreed that the Company may notify or announce changes of these Terms of Service, as well as rates of service fees, advertising costs, fees and expenses incurred from the service provision through websites and applications on JobThai and/or emails.

Employers agreed and consented that the Company may use the Data of the Employers sent to the Company or recorded and kept in JobThai system for identification and verification of correctness of the Employers for the purpose of effective service provision or any other necessities as the Company may deem it expedient.

Employers accepted that the Company shall assume no responsibilities for any damage, expenses or losses which may occur resulting from actions of the Employers or third parties regardless of being taken in bad faith, including errors or malfunction of Internet system, communication system of computers or mobile devices.

Employers accepted that any evidences or documents prepared or given by the Employers to the Company resulting from the use of services of the Employers were correct in all respects without requiring the Company’s prior verification of correctness of documents.

Employers acknowledged and accepted that regarding any use of services through website and applications of JobThai or use of services of the Company, the Company shall be given with a proper period of time for operation of work as per necessary processes; whereas, the Employers shall not demand the Company’s responsibilities for any damage resulting from the delay of operation.

Employers certified and confirmed that the Employers had their legal rights to enter into juristic acts correctly in accordance with the laws. In case of being under completely 20 years old, the Employers certified and confirmed that they have duly received the consent from legal representatives.

Employers acknowledged and accepted that the Company shall be entitled to cancel, correct or change the Data or any other service provision temporarily or permanently and without prior notification to the Employers.

Employers agreed to use the personal data of Job Seekers and/or Job Applicants received or searched by the Employers through JobThai system for the purpose of hiring for vacancies only. Employers may not use such personal data for commercial purposes or for any other purposes.

Employers agreed that in case the Employers forwarded JobThai resumes or other job application supporting documents or job applications forms of Job Seekers and/or Job Applicants to other related parties, it must be for the purpose of personnel hiring or job applications of Job Seekers and/or Job Applicants only, not for commercial purposes or seeking of unlawful benefits. The Company shall assume no responsibilities for damage potentially occurred from actions of the Employers or third parties regardless of being taken in bad faith.

Employers acknowledged and accepted that JobThai shall send automatic emails such as emails of membership subscription confirmation, emails of notification of policy change, etc., for the purpose of recognition of statuses relating to membership subscription, job advertisements and/or use of service.

Employers acknowledged and accepted that the Company may use the contact details as specified in JobThai system, including personal data of employees, officers or related parties of Employers for inquiry and for the purpose of service provision, recommendation of service provision or presentation of new services and/or for public relations relating to the Company’s service provision.

The Company reserved its rights to cancel, refuse or suspend the service provision to agency businesses or brokers of all types of insurance, networking businesses, direct-sale businesses, MLM membership businesses, face-to-face marketing, including the same or similar businesses, as well as unclear Advertising and/or announcement of jobs in terms of Data, details or giving of incorrect data, including businesses with suspicious or excessive searching of resumes. In case the Company found that the Data was used other than the objective of JobThai, such Advertising or announcement shall be cancelled immediately, and the Company shall not refund money in all cases, and the discretion of JobThai shall be final.

Responsibilities of Employers

In case of change of details or any other data advertised or presented on JobThai and such change affected the service provision of JobThai, the Employers shall have their sole duties and responsibilities for any demand resulting from such change, use of service, infringement of the Terms of Service and/or infringement of rights of third parties, and it shall not affect service of JobThai, the Company, affiliates, officers, representatives, business partners and related employees.

Details and Data advertised or presented on JobThai, including personal data of third parties shall be regarded as responsibilities of the Employers.

Damage caused by employees, attorneys-in-fact or related parties under the operation of the Employers shall be regarded as responsibilities of the Employers.

Actions outside the scope of service provision of the Company and/or actions of the Employers shall be regarded as the sole responsibilities of the Employers.

Liabilities

The Company shall assume no responsibilities for any dispute or damage, including direct or indirect damage as well as expenses incurred due to any of the following reasons:

Occurrence of extenuating circumstances from electronic service upon commencement of business transactions.

Occurrence of technical force majeure of the computer system and other related equipment, including equipment of communication system or inoperability of sending of connection signal, failure or other causes due to computer viruses.

Improper use by the Employers.

Employers failed to comply with these Terms of Service.

Delay, errors or defects caused by computers or mobile devices of the Employers.

Delay, errors or defects caused by instability of JobThai system.

Delay or defects of other Internet service providers or companies not used by JobThai or not having the binding contracts.

Employers were unable to access the Internet service.

Loss of profits, goodwill, use of Data, or other non-concrete damage from use of service, including loss of any Data.

The Company shall assume no responsibilities and shall not guarantee the correctness and completion of the supporting Data of job application, qualifications, experience, any other Data of Job Seekers and/or Job Applicants received from either JobThai or Job Seekers and/or Job Applicants.

The Company shall not guarantee that JobThai service is free from the use of cookies or free from errors or any other defects.

The Company shall assume no responsibilities for any damage resulting from the delay of Data transfer, period of Data dissemination, extenuating circumstances or any other events preventing the access to JobThai service, errors of display, connection, system stability or computer viruses to Employers and third parties resulting from the access to JobThai service.

The Company shall assume no responsibilities for errors, defects and/or any other matters resulting from the giving of Data, announcement, Advertising or by any method of presentation on JobThai service, including loss, damage or destruction of any Data which shall be regarded as action of the Employers.

The Company, directors, brokers, agents or any other parties involved with JobThai service shall assume no responsibilities for errors or damage caused by employment, including any transactions between the Employers and the Job Seekers and/or Job Applicants.

Reliability and correctness of announcements or Advertising as appeared on JobThai service shall be at the satisfaction of the Employers. The Company shall assume no responsibilities for any error or damage resulting from the Data as per announcements or advertising as appeared on JobThai service.

The Company shall assume no responsibilities for any damage caused by the Employers’ violation or breach of contracts or infringement of any rights of any parties resulting from the Data as per announcements or Advertising as appeared on JobThai service.

Membership and Public Relations

Employers agreed and accepted that Data and other documents as well as details and any other data recorded and kept in JobThai system were correct, complete, real and up-to-date.

Employers agreed and accepted that in case of change of such details and Data, Employers shall be obliged to revise the Data to be correct, complete, real and up-to-date. Any membership benefits shall remain valid as long as the Employers are still members and such membership benefits shall be cancelled upon termination of membership.

Employers agreed and accepted that, in case, the Company found out that the Employers breached the laws or Terms of Service relating to the Data from the Employers, or the Data recorded and kept in JobThai system was erroneous or incorrect in any way, the Company shall be entitled to cancel membership, to transfer or remove the whole or part of the Data and/or to suspend the service at the Company’s discretion and without notification.

The Company shall be bound to provide service hereunder when the Employers have given the Data, logos, artworks and any other details as may be necessary to announcement or Advertising to the Company.

Employers may cancel, transfer or remove the whole or part of the Data in announcement or Advertising on JobThai service before the end of the period of announcement or Advertising hereunder; provided that regarding the subscription for membership with service fees, the Company did not have to refund the service fees for any other rights and benefits that the Employers did not receive from such action.

Regarding the subscription for membership with service fees, though the Employers did not use the service within the prescribed period of time hereunder, the Employers shall still be obliged to fully pay the service fees; provided that the Company shall assume no responsibilities for any damage resulting from the failure to use such service.

Employers agreed that, in case any Data as specified in announcement or Advertising of the Employers was found contrary to the laws or good morals or having obscene, disgusting, rude or defamatory content or by any other unlawful events, the Company may use its discretion to report or notify the same to the related agencies without prior notification to the Employers.

In accordance with objectives and the policy on protection of personal data of Job Seekers and/or Job Applicants, the Employers may access JobThai resumes or job applications forms or other job application supporting documents of Job Seekers and/or Job Applicants when the Company received the express consent from the Job Seekers and/or Job Applicants to forward such data to the Employers only.

Termination of Membership

Employers acknowledged and accepted that the Company shall be entitled to terminate the membership, to suspend the whole or part of the service provision, and to delete statements, announcements, Advertising and content available in JobThai service, or to prevent the access to such content or service for any reason whatsoever, including (but not limited to) the use of service with reasonable grounds to believe that Employers breached these Terms of Service, then, the Company shall suspend the service provision without prior notification. The Company shall assume no responsibilities for Employers or third parties in case of termination of membership, suspension of the whole or part of service provision, including deletion of statements, announcements, Advertising and content available on JobThai service, or prevention of access to the above-mentioned content or service.

Data and Documents Used through JobThai Service

Any documents or letters sent by JobThai to the Employers as per the actual email, address or office given in the Membership Subscription Form or User of JobThai service shall be regarded as having duly received by the Employers.

Employers acknowledged and accepted that any contact or notification from the Company to the Employers via email, post, or any other contact channels as per emails, address or office of the Employers as notified in Membership Subscription Form or use of JobThai service shall be regarded as having duly been notified to the Employers.

Disclosure of Data

Employers agreed and consented that the Company may disclose the Data of Employers which was sent to the Company or recorded and kept in JobThai system in any of the following cases:

Data of JobThai resumes, job applications and other job application supporting documents as well as any other details and Data of Job Seekers and/or Job Applicants shall be disclosed to the Employers who are members of JobThai and advertise the job vacancies when such Employers exercised the rights during their membership.

Data of Employers shall be disclosed to general public only the part intended by Employers to be disclosed.

Data of job advertisements of the Employers shall be disclosed to Job Seekers through JobThai during their membership.

Regarding the Data of job advertisements sent by the Employers to the Company or recorded and kept in JobThai system with names, pictures, contact details or personal data of employees, officers or internal personnel of the Employers, wholly or partially, or copies of any documents proving the existence of third parties, the Employers certified and confirmed that they have received consent from the owner of such personal data. For this purpose, the Company shall assume no responsibilities for any damage occurred, and in case of litigation or demand for use of the above-mentioned data or documents.

Employers agreed and accepted that the Company may have to disclose the Data of Employers as per the Court’s orders or warrants or upon receiving orders from the authorized government organizations with powers given by laws.

Protection of Personal Data and Rights of Data Owners

The Company strongly intended to protect the privacy and personal data of Employers. Privacy Policy can be studied here. Click

Employers shall have duties and responsibilities for the protection of privacy or secrets, Usernames, and Passwords or any other codes (if any) for use of JobThai service. In case of doubt of incursion or unauthorized access to user accounts, Usernames and Passwords or any other codes (if any), Employers must immediately contact the service center at Tel. No.02-480-9999; email: support@jobthai.com

Employers may object the storage and use of Data and may request for deletion or destruction or treatment of the Data sent by them to the Company or recorded or kept in JobThai system as unidentifiable Data through the service center at Tel. No.02-480-9999; email: support@jobthai.com. The Company shall delete or destroy or make such data unidentifiable; in doing so, the company shall maintain such data for at least 90 days and continue to proceed as requested for no longer than 120 days as from the date of receiving the request. However, regarding the Data sent out to various channels, the Company shall make its best efforts to delete or destroy such Data or to treat it as unidentifiable Data.

Employers may revoke the consent given in respect of the collection, use or disclosure of their personal data by contacting the service center at Tel. No.02-480-9999; email: support@jobthai.com. Provided that with the revocation of the consent, as a result, the Employers may no longer be able to use user accounts on JobThai.

The Company hereby notified you that after the deletion of user accounts or revocation of the consent given in respect of the collection, use or disclosure of personal data of the Employers, the Company still has to keep membership data for at least 90 days and for no longer than 120 days.

Employers must be solely responsible for expenses, damages, attorney’s fees, court fees or any other expenses incurred from arbitration. In case it appeared that the contract termination was resulted from the faults of such Employers.

Intellectual Property

All intellectual properties, including rights in copyrights, trademarks and service marks relating to the service provision of software, information, user accounts, Data, words, pictures, audio files, content, presentation methods or services as provided, created, designed or developed by JobThai on the website and/or applications of JobThai or obtained during the service provision shall be regarded as the sole rights of the Company. It is prohibited to reproduce, copy, photocopy, modify, disseminate or take any other actions for dissemination to general public or any actions in the manner of seeking of benefits unless receiving a prior written consent from the Company. In any case whatsoever, the Company reserved its rights to take immediate legal actions against violators of such rights.

Applicable Laws

These Terms of Service or other related contracts shall be subject to and governed by the laws of the Kingdom of Thailand.