Super Resume Company Limited (the “Company”) is the owner of www.jobtopgun.com, www.superresume.com and www.saywana.com (collectively referred to as the “Platforms”) with the purpose of being a platform for communication channel and creating communities between users, that can be divided into 2 groups: the Job Seekers and the Job Hunters (the “User”).
By using the Platform, the User has thoroughly read and agreed to comply with the terms and condition defined in this Terms of Services and its amendment thereof (the “Terms”). In case the User does not accept and agree to comply with this Terms, the Company reserves the right to prohibit or disallow such User to use the Platforms. If any User continues to use the Platforms after any amendment to the Terms, such User shall be assumed to have accepted this Terms and any of its amended versions.
The User acknowledges that apart from this Terms, the Company may need to process the User’ personal data for the purpose of providing the services on the Platform and the Company defines the terms and conditions on processing the User’ personal data in the Privacy Notice where the User shall read and understand prior to using the Company’s services.
1. User Account
The User shall keep their username and password confidential and shall not disclose such information to any third party. The Company shall not be responsible for any damages that occurs from the unauthorized use of the User’s username or password by any third party. If there is any unauthorized use of such username / password, such User shall notify the Company immediately. The User accepts that any transactions made by the User’s account with the Company shall be deemed to be executed by the User and shall bind upon such User so the User shall take responsibility for such transaction.
2. Scope of Services
The User agrees and acknowledges that the Company provides 3 main services (the "Services”) to the User through the Platforms and by registering the user account, the User shall be entitled to get access to these Services.
General Use. For the use of any Services on the Platform, the Company may open for the free-of-charge or charge any service fee for any function of the Services / Platform and it shall be the User’s full discretion to decide which Services to be used. For any Services that will be subject to the Service fees: (a) in case that the User fails to make the Service fee payment when due, the Company reserves the right to suspend or terminate the use of such User without prejudice to the rights to claim any other damages that the Company shall be entitled under any applicable laws; and (b) since the internet payment of such Service fee will be administered and managed by the third-party vendor, the Company shall not be liable and responsible for the damages incurred from the case that third-party vendor may suspend or withhold the payment made by the User and the Company shall still be entitled to suspend the use of such User in case of the unsuccessful payment.
The Company reserves the right to make an amendment on the Terms and adjust the Service fees payable for the use of the Services or add / reduce the Platform features; provided that those amendments shall become effective upon notification made on the Platform.
Super Resume Platform is a platform for Job Seekers to create a resume with the Company’s resume template that would assist in shaping a better resume for the Job Seekers. For this Service, the Company shall (1) suggest topics that should be included in the resume and present to the User to fill in in the form of a questionnaire; (2) create a customized resume for the Job Seeker from the Company’s standard template based on the information that the User has provided in the questionnaire; (3) store the User’s resume created on the database; and (4) disclose the User’s resume to the JobTopGun Platform that is linked from Super Resume; provided that the Job Seekers’ personal information will not be disclosed except with the given permission.
By using Super Resume Platform, the User acknowledges and accepts that the information that the User has provided in the questionnaire are all true and accurate. In case any disputes arise from the information given by the User on the Platform, such User represents and warrants that the Company shall not in any circumstances be responsible for any damages including claims from any third party against the Company and such User agrees to indemnified any and all of damages which may occur to the Company and/or the Platform. The Company reserves the right to remove or suspend the User from using the Services or display of the User’s resume on the Platform to recheck or prevent any damages which may occur and the User shall not have any right to claim for any damages from the Company’s discretion. The Company’s failure to exercise such right shall not constitute a waiver of the Company’s right to audit and review any of the User’s information thereafter.
JobTopGun Platform is a platform for communicating and matching between Job Hunters who place job advertisements for available positions and Job Seekers who place their work experiences on JobTopGun Platform or on the Super Resume Platform. For this Service, the Company shall store and display the Job Hunters’ job advertisements and the resumes of Job Seeker on the Platform for the Users from each side to choose their interested candidate to communicate (meaning to assist Job Hunters to communicate with Job seekers who have work experience which match with the position and as well as to assist Job Seekers to apply for any available position of Job Hunter). The Company may suggest the matching information between job advertisements of the Job Hunter and the work experience of Job Seekers for the User convenience.
By using JobTopGun Platform, the User shall acknowledge and agree as follows:
| a) | Company only provides the displaying platform for the Users to place job advertisements and work experiences only. The User who provide and submit information through the Platform shall solely be responsible for the accuracy and precision of the information which they have submitted on the Platform. The Company does not have the obligation to guarantee or verify any of information displayed on the Platforms. In case of any issues arisen concerning the content displayed, each User shall solely be responsible for such content and shall compensate for any damage which may arise to the Company. If any of the User faces any issues in relation to the content on the Platform, such User may notify such issue to the Company and the Company shall have the right to consider how to handle these cases at its own discretion and the User who is the owner of the consent shall have no right to claim for any damages from the exercise of any right by the Company. |
| b) | Company only provides a matching service yet the decision to communicate and pursue to the next step of the recruitment process, including the decision to hire or to enter into an employment agreement between the Users shall be the User’s own decision. The Company is not involved nor shall not be liable for any loss or damages from the aforementioned decision or any agreement between the Job Seekers and the Job Hunters. |
| c) | No Success Guaranteed. The Company does not guarantee that, by using this Platform, all Job Seekers will be hired, or all Job Hunters will be able to find suitable candidate for the position. |
Saywana Platform is a platform that creates a network community for Job Seekers who share similar work details as shown on the Super Resume Platform to communicate and provide advice and guidance on career development in an academic and professional manner. For this Platform, the Company shall (1) allow the Job Seekers to create their own profile page that will be featured on a public post of Saywana Platform; provided that the User can choose their privacy setting; (2) recommend Job Seekers that have similar interests, preferences or work details to have the opportunity to contact each other; (3) provide a platform for the User to share stories or contents among other connected Users on the Platform; and (4) act as a communication channel for promoting programs or activities initiated by User to provide opportunity for the User to contact and join in those activities.
By using Saywana Platform, the User shall acknowledge and agree as follows:
| a) | Company only provides a communication channel for the Users that have similar interests in professional development based on the User information provided on the Super Resume Platform or their Profile created on the Platform; provided that it is the User’s sole discretion to choose to contact each other and the Company is not involved in such decision. |
| b) | Saywana Platform has the key purpose of enhancing professional development. In case that any User uses the Platform for other purpose than the one defined by the Company, it shall be deemed that those communication are executed solely by the Users and the Company shall not be held liable or responsible for any damages incurred in those out-of-scope communication. |
| c) | Any Information that is displayed through Saywana Platform is provided and submitted by the User. The Company does not have the obligations or responsibilities to verify the content of User’s profile page nor the information presented through any feeds of the Saywana Platform. The User shall be solely responsible for the accuracy and precision of the information and agree to be responsible for the damages or claims against the Company. |
| d) | In case any disputes arisen between the Users regarding the content exchanged or expressed through the Platform, such dispute shall be settled directly between the Users; provided that the User shall not claim any damages from the Company due to such dispute. The Company reserves the right to announce a guideline and framework for expressing opinions on the Platform and if any User does not comply with such guideline, the Company shall have the right to suspend or delete the content to reduce the impact that may occur between the Users and the User shall not have right to claim any damages from the Company for exercising such right. |
| e) | In case the User organizes activities or programs for professional development and announce those activities or program on the Platform or via the network created on the Platform, the User agrees to be responsible for such activities and programs and acknowledges and accepts that the Company is not involved or responsible for such event. |
3. User’s Term of Services
| 3.1. | The User agrees to use the Platforms only for lawful purposes and in accordance with the purpose of each Platform as stated in writing by the Company. | ||||||||||
| 3.2. | The User agrees not to present or upload in the following manners the contents on the Platforms; provided that in case the Company detects and considers any contents on the Platform violating this clause, the Company shall have the right to deny, reject, modify or delete such content from the Platform at any time and without any prior notice to the User and the Company accepts no responsibility for any loss or damage which may arise to the User from this matter:
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| 3.3. | The User shall be prohibited from using screen scraping, data mining, robots or similar data gathering techniques on the Platform to establish, maintain, develop or reproduce information for any purpose. | ||||||||||
| 3.4. | The User represents and warrants that the User is a natural or a juristic person that has the right to perform any transactions under the applicable law, in particular, in case the User is under 18 years old, he/she shall ensure that his/her legal guardian has consented to the transaction entry by such User. In the event it is known to the Company that the User is violating the condition under this clause, the Company shall have the right to suspend and cancel the User’s account without prior notice and the User shall not be allowed to claim for any loss or damage from the Company. | ||||||||||
| 3.5. | The Company reserves the right to suspend or terminate the use of Services that lead to the business of insurance agencies or brokers, multi-level business (MLM Business), face-to-face direct sell and any other similar business, including the case that the User presents the job advertisements which are vague, inappropriate, suspicious. In case of any violation, the Company shall have the discretion to suspend or terminate the use of those Services immediately without prior notice to the User and the User shall not be allowed to claim for any loss and damage from the Company. | ||||||||||
| 3.6. | The Job Hunters shall allow the Company and its affiliates to use their company name and logo for the purpose of promoting them as the Company or Platform’s clients. The User agrees that the Company shall be entitled to disclose information relating to Platform usage of the User for commercial or marketing purpose at its discretion. It is acknowledged by the User that the Company’s rights in this regard shall be continued despite the termination of the Services; provided that the Company shall comply with the Company’s Privacy Policy. | ||||||||||
| 3.7. | If the Job Hunter agrees to purchase additional service from the Company, such Job Hunter shall comply with this Terms and the term and conditions of such additional service which the Company will provide together with a quotation. | ||||||||||
| 3.8. | The User shall not print, download, remake, copy, reproduce, forward, republish, or use any information that could potentially identify other User on the Platform except as allowed by the Company on each Platform and except with a written consent from the relevant User. |
4. Protection of the Intellectual Property
All contents on the Platforms including without limitation the information, messages, graphics, pictures, layouts, designs, images, logos, editorial contents, languages that are used on the homepage and the documents on the website (HTML) and other ownerships on Platforms (the “Platforms Content”) is the intellectual property of the Company. The Company reserve its rights to enforce all of its intellectual property rights in the Platform Content, including without limitation the right to enforce against the User who infringes the Company’s intellectual property. The User shall not nor engage any third party, whether in whole or in part, to copy, reproduce, share, publish, spread, distribute, store (in any form), display, modify, sell, transfer, or engage in the sell, transfer, offer for sale, create, develop, or benefit in any way from the Platform Content.
5. User’s Liability
To the fullest extent permitted under the applicable laws, the User agrees to indemnify and hold harmless the Company, its affiliates 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) arisen from or relating to the non-performance of this Terms or any third party claims against the Company. This indemnification shall be in addition to all other obligations of User under the Terms, and shall not prejudice any other rights or remedies available at law to the Company.
6. Limitation of the Company’s Liability
| 6.1. | The Company is not a representative or agent of any User for the Services provided on the Platform and the Company shall not be responsible for any decision made by such User for any reason. |
| 6.2. | To the fullest extent permitted by the applicable law, the Company, its affiliates, directors, employees, or representatives shall not be liable, in any event, for the damages suffered from any User's use of the Services of the Company except such damages arisen directly from the Company’s willful misconduct or gross negligence. |
| 6.3. | The provision of the Services by the Company on the Platforms shall be made on the ‘as-is basis’ only. To the fullest extent permitted by the applicable laws, the Company disclaims explicitly on giving the representation and warranty in any aspects on the Platform, any components thereof and any other services provided on the Platform, including in particular the Company do not give representation and warranty on: (1) the merchantability of the Platform or the absolute match of the Platform performance and each of the User’s expected purposes; (2) the representation that the Platform shall operate without any delay, interruption or accuracy and the Platform shall operate continuously without any downtime or technical error; (3) the representation that the Platform is secure and does not have any virus or any dangerous components; (4) the representation that all the contents presented on the Platform are all accurate, correct and reliable without any violation of any third parties’ right. |
| 6.4. | To the fullest extent permitted under the applicable law, the Company, its affiliates, employees, directors, staff or representatives shall not be liable for any damages resulting from the misuse of the Services by the User or any force majeure. |
| 6.5. | Unless otherwise stated in this Terms and to the fullest extent permitted by the applicable law, the aggregated liability of the Company for the claims relating to the Services provided by the Company or the Platform shall be limited to the total Services fees received by the Company which gave rise to such claim. |
| 6.6. | The Platform may have the link to the third-party website that the Company does not have any control or involvement in such third-party website and the Company shall not be liable for any damages or compensation arisen from the User’s use of any services on the third-party website. |
7. Miscellaneous
| 7.1. | This Terms shall be governed by and construed in accordance with the laws of Thailand in the event of any dispute in connection with the Terms, such disputes shall be settled by arbitration in accordance with the current Arbitration Rules of Thailand, as applicable to date. |
| 7.2. | Each provision under this Terms shall be applied separately. If any terms or provisions of these Terms are held to be illegal, void, or unenforceable under any applicable laws, such provision shall have no effect on the remaining provisions. |
| 7.3. | This Terms is written and agreed in Thai and has been translated to English. In case of any inconsistency between the Thai version and its English translation, the Thai version shall prevail for the purpose of interpretation. |
