Terms and Conditions

WiserMatch is one of the brands under Mars Concepts Limited.

These terms and conditions outline the rules and regulations for the use of WiserMatch. By accessing to and/or using the Services and our website, you acknowledge and agree to be bound by the terms, conditions and other provisions of the Agreement.

1. Definitions

“Our Company” means WiserMatch.

“Freelancer”
 means individual user(s) of the Services who access(es) to and use(s) our website, and looking for job opportunities and career information.

“Enterprise” means the potential employer(s) and recruiter(s) who access(es) to and use(s) our website, and/or uses(s) the Services.

“Agreement” means these Terms and Conditions apply to your access to and use of the Services and our website, and incorporate by reference other provisions applicable to the access to and use of the Services and our website.

“Profile” means CVs, employment information and such other material, information and data provided by you and posted/ available on our website.

“Services” mean the job seeking, recruiting and other related services available on our website and such other products and services to be made available by WiserMatch from time to time. 

“You” means “Freelancer” and “Enterprise”.

2. Your Access to and Use of WiserMatch Website

  1. You shall access to and use our company website for job seeking and/or other recruitment related purposes provided by us only and shall comply with all applicable laws, regulations and rules in force from time to time. Freelancers’ and Enterprises’ access to and use of company website is currently free of charge.
  2. You acknowledge and agree that you are solely responsible for the form, content and accuracy of all material and information including but not limited to your Profile uploaded or otherwise made available on our website.
  3. You shall not upload, post, transmit or distribute in any way on or through our website any non-resume related information or data, or any incomplete, false or inaccurate resume related information or data on or through the our website.
  4. You shall not upload, post, transmit or distribute in any way on or through our website any material, information or data which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libellous, slanderous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, regulation or rule.
  5. You shall not upload, post, transmit, distribute or otherwise make available on our website any material, information or data protected by copyright, trademark or other intellectual property or proprietary right without the express permission of the owner of the copyright, trademark and other intellectual property and proprietary rights and the burden of determining that any material, information or data is not protected by copyright, trademark or other intellectual property or proprietary right rests with you. You shall be solely liable for any claim, loss and damage resulting from any infringement of copyrights, trademarks and other intellectual property and proprietary rights, and any other harm resulting from such a submission.
  6. You shall not use any of the Services or our website or any content therein/thereon in any manner that infringes any copyright, trademark, or other intellectual property or proprietary right of any third party.
  7. You are prohibited from using any data mining, robot, screen scraping or any similar data gathering, extraction or publication tool on/through our website, including but not limited to for the purposes of establishing, maintaining, advancing and reproducing information and data contained on/in our website on your websites, sites, platforms, applications, products, services and publications, whether in online, digital or other format, except with WiserMatch’s prior written consent.
  8. You authorize WiserMatch to store your Profile and other material, information and data related thereto in its database for a permissible period under the relevant laws.
  9. The right to access to and use of the Services and our website is personal to you and is not transferable to any other person or entity.

 

3. Your Account

  1. You are responsible for the use of your Account and for ensuring that all use of your Account complies fully with the terms, conditions and other provisions of the Agreement. You shall be responsible for protecting the confidentiality and security of your password(s).
  2. You must never use another user’s Account without permission. When creating your Account, you must provide accurate, complete and up-to-date information. You are solely responsible for all activities that occur on your Account, and you must keep your Account password secure. You must notify WiserMatch immediately of any breach of security and/or unauthorized use of your Account.
  3. You are responsible for notifying WiserMatch of any change of information and data in relation to your Account and Profile.

 

4. Your Profiles

You acknowledge and agree that your Profile and any related information and data may be accessed by the Enterprises who have subscribed to and/or use the Services for the sole purpose of recruiting and assessing your suitability.

5. Dealing with Enterprises

  1. The Freelancer’s communication and business dealings with Enterprises found on and/or through our website are solely between that particular Freelancer and that particular Enterprise. WiserMatch shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such communication or dealing including but not limited to tortious liability and negligence.
  2. Should any dispute arise between Enterprise and the Freelancer, that particular Freelancer and that particular Enterprise should resolve such disputes between themselves and WiserMatch shall not be responsible and held liable for any disputes thereof.

 

6. Maintenance

WiserMatch will use reasonable endeavours to ensure that our website is available for access at all times. Notwithstanding this, WiserMatch and its third party service providers may be required to undertake maintenance and upkeep of our website from time to time. WiserMatch provides no warranty that the Services generally available through our website will be uninterrupted, error free or delay free.

7. Changes to the Services and our Website

WiserMatch shall have the right at any time to change or discontinue any aspect or feature of the Services and our website, including but not limited to products, services, contents, hours of availability, and equipment needed for access and/or use.

8. Changed Terms

WiserMatch shall have the right at any time to change and/or modify the terms, conditions and other provisions in the Agreement applicable to your access to and use of the Services and our website, and/or any part thereof, and to impose new terms and conditions, including but not limited to adding fees and charges for use. Such changes, modifications, additions and deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to by posting on our website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any continued access to and/or continued use of the Services and/or our website by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications, additions and deletions.

9. Privacy Policy

By accessing to and using the Services and our website, you acknowledge that you have read and agree to WiserMatch’s Privacy Policy found separately in our website, including terms under which personal data are collected and may be used and you warrant that all data provided by you is accurate, complete and up to date.

10. Disclaimer of Warranty; Limitation of Liability

  1. YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK. NEITHER WISERMATCH NOR ANY OF THEIR RESPECTIVE ENTERPRISE, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (“WISERMATCH PARTIES”) WARRANT THAT OUR WEBSITE AND ITS SERVERS WILL BE UNINTERRUPTED, ERROR AND DELAY FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF OUR WEBSITE, OR AS TO THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS, RELIABILITY OF CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OUR WEBSITE.
  2. OUR WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE AGREEMENT.
  3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, OMISSION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE WISERMATCH PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE RELEVANT USER(S) OR A THIRD PARTY(IES) (AS APPLICABLE).
  4. IN NO EVENT WILL WISERMATCH OR ANY PERSON OR ENTITY INVOLVED IN CREATING OR PRODUCING OUR WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE ACCESS TO, USE OF OR INABILITY TO ACCESS TO OR USE OUR WEBSITE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE PROVISIONS OF THIS SECTION (DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY) SHALL APPLY TO ALL CONTENTS ON/IN OUR WEBSITE.

11. Intellectual Property Rights

Our website contains copyrighted material, trademarks, other intellectual property rights, and other proprietary information, including but not limited to text, photographs, illustrations, graphics, layout, designs, logos, audio clips, video clips, audio-video clips and software (collectively, “WiserMatch Website Contents”). The WiserMatch Website Contents are protected by copyrights, trademarks and other intellectual property laws, and are owned by WiserMatch and its licensors. You may not copy, reproduce, modify, publish, display, transmit, distribute, store, sell, transfer, create derivative works from, or in any way exploit, any of the WiserMatch Website Contents, in whole or in part. Except as otherwise expressly permitted under copyright and other intellectual property laws, no copying, modification, retransmission, redistribution, publication, display or commercial exploitation of any material of the WiserMatch Website Contents will be permitted without the express permission of WiserMatch and the relevant owners in advance. In the event of any permitted copying, retransmission, redistribution, publication or display of any of the WiserMatch Website Contents, no changes in or deletion of any author attribution, trademark legend, copyright notice or other proprietary notice shall be made. You acknowledge and agree that you do not acquire any ownership right of any of the WiserMatch Website Contents or through any of your exercise to our website. 

12. Monitoring

WiserMatch shall have the right, but not the obligation, to monitor the contents of our website, to determine compliance with the Agreement and any operating rules established by WiserMatch and to satisfy any law, regulation or governmental request. WiserMatch shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on our website. Without limiting the foregoing, WiserMatch shall have the right to remove any material that WiserMatch, in its sole discretion, finds to be in violation of any provision in the Agreement or otherwise objectionable.

 

13. Prohibition of use

WiserMatch reserves the right at all times to suspend, prohibit and/or deny your access to and/or use of our website and/or Services or any part thereof immediately and without notice, and without any compensation or recourse, where WiserMatch is of the opinion that you have breached any of the terms, conditions and other provisions under the Agreement or you have provided incorrect/ not updated Profile, and that such suspension, prohibition or denial is appropriate, desirable or necessary in its sole opinion.

 

14. Links to other sites

Links on our website, if any may take you to other sites and you acknowledge and agree that WiserMatch have no responsibility for the accuracy or availability of any information provided by linked sites. Links to other sites are provided solely as a convenience and do not constitute any endorsement or recommendation by WiserMatch of such sites or the information, products, services, advertising or other materials available on those sites.

 

15. Third Party Content

Neither WiserMatch nor any third-party provider of information and content guarantees the correctness, accuracy, completeness, reliability, usefulness, timelines or otherwise of any such information or content, nor its/their merchantability or fitness for any particular purpose.

 

16. Miscellaneous

  1. No waiver by either party of any breach or default under the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
  2. The illegality, invalidity or unenforceability of any provision of the Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdictions nor the legality, validity or enforceability of any other provisions.
  3. The Agreement does not create any agency, employment, joint venture, partnership, representation or fiduciary relationship between the parties to the Agreement. Neither party shall have the authority to create any obligation on behalf of the other party.
  4. The Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws rules. You agree to submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
  5. The parties to the Agreement expressly agree and acknowledge that the terms, conditions and other provisions of the Agreement shall not be enforceable by and do not confer any right on any person, entity or third party who is not a party to the Agreement.