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| The following terms and conditions should be carefully read before using this website www.eduplus.com.hk ("Website"). The Website is provided by and is the sole property of "Job Market Publishing Limited", its parents, subsidiaries and/or affiliates (hereinafter collectively referred to as the "Company") which provides various services through the Website to you ("Service"). Access to and use of the content on the Website are subject to the following terms and conditions. You agree that the use of the Service constitutes your continuous acceptance of these terms and conditions as may be amended from time to time. The terms "you", "user(s)" and "User(s)" (including but not limited to Course Provider (as defined in paragraph 2.8.7)) herein refer to all individuals and/or entities accessing and/or using the Service at any time for any reason or purpose. |
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| 1 |
Complete Terms and Conditions |
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These Terms and Conditions and JobMarket Online's Privacy Statement
which is hereby incorporated as if set forth fully herein, represent
the complete agreement between the parties concerning its subject
matter. |
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| 2 |
Service Covenants |
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| 2.1 |
The User agrees to use the Service only for lawful purposes,
and in a manner that does not infringe the rights of or restrict
or inhibit the use and enjoyment of the Service by any other
party. Such restriction or inhibition includes, without limitation,
conduct which is unlawful or which may harass or cause distress
or inconvenience to any person, and the transmission of obscene
or offensive content or disruption of normal flow of dialogue
within the Service. |
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| 2.2 |
The User shall not use the Service to infringe the intellectual
property rights of others. |
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| 2.3 |
The User shall not transmit, publish, upload, post, circulate
or store any material which is unlawful, harmful, threatening,
harassing, tortuous, defamatory, obscene, libelous or is otherwise
offensive or objectionable. |
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| 2.4 |
The User shall not transmit, publish, upload, post, circulate
or store any materials that contains viruses, trojan horses,
worms, time bombs, cancel bots, or any other harmful or deleterious
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunication equipment,
or other materials protected by intellectual property laws,
rights of privacy or publicity or any other applicable law unless
you own or control the rights thereto or have received all necessary
consents; |
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| 2.5 |
The User shall not interfere with or disrupt networks connected
to the Service or violate the regulations, polices or procedures
of such networks; |
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| 2.6 |
The User shall not attempt to gain unauthorized access to
the Service, other accounts, computer systems or networks connected
to the Service, through password mining or any other means; |
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| 2.7 |
The User shall not interfere with another member's use and
enjoyment of the Service or another individual's or entity's
use and enjoyment of similar services; |
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| 2.8 |
Specific Uses - Users
| 2.8.1 |
User(s) seeking employment on the Service agree to keep
the Login name and password with care and not to disclose
them to any other person. User is solely responsible for
maintaining the confidentiality of and for any (authorized
or unauthorized) use of the Login name and password. The
User agrees to notify the Company immediately of any unauthorized
use of the same. |
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| 2.8.2 |
User shall not post any incomplete, false or inaccurate
information to the Service or the Company. |
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| 2.8.3 |
All information submitted by the User to the Service
must be legal, decent, non-discriminatory and truthful.
The User is solely responsible for the contents and material
which he / she has submitted to the Service or the Company. |
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| 2.8.4 |
The personal details submitted by the User is intended
for purpose of providing relevant information to advertisers
in searching courses. |
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| 2.8.5 |
The personal details submitted by the User will be used
for the purpose of assisting the User to seek for appropriate
course. User does disclose his / her personal data to
the member of the Service and the Company when he / she
apply for courses or enable his / her personal details
to be stored in the membership database of the Company,
all of these are with the acknowledgement of the Users. |
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| 2.8.6 |
Any information submitted by the User to the Service
or the Company shall be subject to the Privacy Policy
Statement of the Company. |
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| 2.8.7 |
User accepts that the personal details or information given to the course providers who use the Service to advertise courses ("Course Providers") is given entirely at his / her own risk. The Company will not be responsible or liable in any case if any Course Providers shall use the User's personal details for any other use other than for applying courses. |
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| 2.8.8 |
User may send his / her personal details directly to
any Course Provider who advertises on or through the Service.
Alternatively, the User may send his / her personal details
to the Company through the Service in reply to any course
advertisement. In such event and subject to the legal
requirement, the User's personal details will be retained
on the Service for a predetermined period notwithstanding
the deactivation of the service herein and, unless the
User requests to erase or delete it, it will thereafter
be stored in the Company's database at the User’s own
risk. |
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| 2.8.9 |
User acknowledges and agrees to the Company's practice
of charging Course Providers a fee for access to the Service
and the Company's database and to the User's personal
details. The User also recognizes that he / she has no
claims to any such fees received by the Service or the
Company. |
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| 2.9 |
Specific Uses - Course Providers
| 2.9.1 |
Upon payment of the service fee to the Company and/or
upon other terms and conditions (if any) from time to
time prescribed by the Company, the Course Provider will
be entitled to use the Service to advertise courses for
a specific period. Course Providers will be solely responsible
for the contents and materials contained in his / her
advertisement(s). The Company reserves the right to edit
any advertisement as it sees fit. |
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| 2.9.2 |
The Company reserves the right to change the Service
Fee or institute new charges or fees, as it deems appropriate.
In the event that any Course Provider should fail to pay
the Service Fee or any other fees or charges due to the
Company, the Company reserves the right to suspend or
terminate the Course Provider's advertisement, without
prejudice to all other rights and remedies. |
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| 3. |
Monitoring |
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The Service and the Company does not actively monitor the content
posted, transmitted or sent by the users on or through this site or
guarantee the accuracy, integrity or quality of such content. However,
the Service and the Company will consider complaints concerning inappropriate
content on this site and it reserves the right to remove, without
warning, any materials from this site or any link to any site which
is considered, at the sole discretion of the Service and the Company,
inappropriate. This includes, but not limited to, offensive, racial,
discriminating, pornographic, obscene, indecent, commercial or advertising
material, information or instructions concerning illegal activities,
material infringing or encouraging infringement of intellectual property
rights, and links or any kind of access to content of the same. Under
no circumstances will the Service and the Company be liable in any
way for any content, including, but not limited to, any errors or
omissions in any content, or for any loss or damage of any kind incurred
as a result of the use of any content posted, e-mailed or otherwise
transmitted via the Service. |
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| 4. |
Links to Third Party Sites |
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The Service may provide links to other sites or resources ("Linked
Site(s)"). Unless otherwise stated on this site, the Service
has no control over or rights in the Linked Sites and is not responsible
for their availability. The Service is not responsible for the content
of any Linked Site or any links contained in a Linked Site, or any
changes or updates to such sites. The Service is providing these links
to you only as a convenience, and the inclusion of any link does not
imply endorsement by the Service of the site or any association with
their operators. You agree that the Service and / or the Company shall
not be responsible or liable for any loss or damage of any kind incurred
as a result of the use of the services or the content of the Linked
Site. |
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| 5. |
Warranties and Liability |
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| 5.1 |
The Service and the information provided therein are provided
on an "AS IS" basis without warranties of any kind,
express or implied, to the fullest extent permitted by law. |
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| 5.2 |
The Company, its parents, its subsidiaries and its affiliates
disclaim all warranties, whether express or implied, including
any warranties of merchantability, availability of featured
products or services, fitness for particular purpose and non-infringement. |
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| 5.3 |
The Company, its parents, its subsidiaries and its affiliates
make no warranties about the accuracy, reliability, completeness
or timeliness of the materials, contents or information on the
Service. |
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| 5.4 |
The Company, its parents, its subsidiaries, its affiliates
and its information providers or suppliers assume no liability
or responsibility for any errors or omissions in the contents
of the Service or for the deletion, mis-delivery or failure
to store any user communications or personalization settings. |
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| 5.5 |
The Company, its parents, its subsidiaries and its affiliates
do not warrant that the Service is or will be at any time error-free,
that the Service and its server is or will be at any time free
of computer viruses or other harmful mechanisms, that any defects
will be corrected, or that the operation of the Service will
be uninterrupted, timely or secure. If your use of the Service,
the merchandise or the materials results in the need for servicing
or replacing equipment or data, the Company, its parents, its
subsidiaries and its affiliates are not responsible for those
costs. |
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| 5.6 |
All users use the Service and any other web sites accessed
through it, at entirely their own risk. All users are responsible
for their own communications and are responsible for the consequences
of their posting. The Company, its parents, its subsidiaries
and its affiliates do 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 materials posted by other users will be
at their own risk. The Company reserves the right to expel any
user and prevent their further access to the Service, at any
time for breaching this Agreement or violating the law and also
reserves the right to remove any message or material from the
Service that, at its sole discretion, the Company deems unacceptable,
abusive, illegal or disruptive. |
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| 5.7 |
In no event shall the Company, its parents, its subsidiaries
and its affiliates or any third parties mentioned on the Service
assume responsibility or be liable (to the extent permitted
by law) for any damages or injury whatsoever (including, without
limitation, incidental and consequential damages, lost profits,
or damages resulting from lost data or business interruption)
resulting from the use or inability to use the Service, the
merchandise and the materials, or any failure of performance,
error, omission, interruption, deletion, defect, delay in operation
or transmission, computer virus, communication line failure,
interception of online communication, software or hardware problems
(including without limitation loss of data of compatibility
problems), theft, destruction or alteration of the Service,
whether for breach of contract, tortuous behavior, negligence
or, under any other cause of action resulting directly or indirectly
from any use of the Service, or any uploading, downloading or
publication of data, text, image or other material or information
to or from the Service and whether or not the Company is advised
of the possibility of such damages. |
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| 6. |
Indemnity |
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The user agrees to defend, indemnify, and holds harmless the Company, its parents, subsidiaries and/or affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including legal fees and litigation expenses on a full indemnity basis), relating to or arising from the use or misuse of the Service or any content of the Website by the user or any user of the user's account or any breach by the user of these Terms and Conditions. |
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| 7. |
Copyright and Intellectual Properties |
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All contents of the Service, including logo, web site design, text,
graphics, sound, image and other media, unless otherwise indicated,
are properties of the Company and are protected by copyright, trademarks,
service marks, patents and other intellectual property rights law.
User shall not modify, publish, transmit, redistribute, participate
in the transfer or sale or offer for sale of, create derivative works
of, or in any way exploit, any of such content, whether in whole or
in part. User shall only download such part of the content as expressly
permitted to be downloaded in this site for the use specified and
for user's own use only. Reproduction, republication or distribution
of the Service's content in any form is strictly prohibited without
the prior written permission of the Company. |
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| 8. |
Dealing with Advertisers |
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Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and the advertiser. You agree that the Company
is not responsible or liable for any loss or damage of any sort incurred
as a result of any such dealings or as a result of the presence of
the advertisers on the Service. |
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| 9. |
Dealing with Other Users |
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| 9.1 |
Although the Company uses its best endeavors to provide impartial
course searching service, and represents a media supporting
information exchanged between the Course Provider and User,
the Company will not involve in the dealings between the Course
Provider and the User and the Company will not be responsible
for the quality, security and legitimacy of the education service. |
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| 9.2 |
The Company does not warrant or guarantee the accuracy of
the information provided by the User and of the education advertisements
provided by the Course Providers. |
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| 9.3 |
Should any dispute arise between the Course Providers and
the Users, they should resolve on their own and the Company
will not be responsible for any dispute. |
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| 10. |
Termination |
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| 10.1 |
If any information provided by the user is inaccurate, in
breach of laws or contain indecent elements, the Company will
instantly abrogate the user's account without notice and the
company reserves the right to take such action as the Company
considers appropriate, desirable or necessary including but
not limited to take legal actions against such user |
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| 10.2 |
The Company reserves the right at all times to immediately
terminate or suspend user's account or user's access to the
Service provided by the Company without notice where the Company
of the opinion that the user has breached any of the terms contained
in this agreement or to take further action as the Company considers
appropriate, desirable or necessary. |
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| 10.3 |
The Company reserves the final right and absolute discretion
to decide whether the User and Course Provider have breached
any terms of this agreement. |
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| 11. |
Rights of Third Parties |
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Any person or entity who is not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce any terms of these Terms and Conditions. |
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| 12. |
Modifications to Terms and Conditions |
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The Company reserves the right to change these Terms and Conditions or policies or rules regarding the use of the Service at any time and to notify user by posting an updated version of these Terms and Conditions on this site. Users are responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after any such posting of notice of modification shall be conclusively deemed acceptance of the revised terms of these Terms and Conditions. If any such revision is unacceptable to users, users shall terminate use of the Service immediately. |
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| 13. |
Modification To Service |
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The Company reserves the right at any time and from time to time
to modify or discontinue or restrict users' access to, either temporarily
or permanently, the Service (or any part thereof) with or without
notice. Users agree that the Company shall not be liable to users
or to any third party for any modification, suspension or discontinuance
of the Service. The Company further reserves the right to impose fees
or charges for the Service or any part of the Service provided that
users prior agreement to pay such fees or charges will first be obtained. |
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| 14. |
Governing Law and Jurisdiction |
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This agreement and any dispute or matter arising from or incidental
to users' use of the Service shall be governed by the laws of the
Hong Kong Special Administrative Region and both users and the Company
submit to the Jurisdiction of the courts of the Hong Kong Special
Administrative Region. |
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| 15. |
Severability |
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If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then that provision (or portion thereof as is deemed void, unlawful or unenforceable) shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any other portion of such provision, or the remaining provisions. |
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