5ARCHEEP Terms and Conditions - Employers
Terms and Conditions of Service for Recruiters
These Terms and Conditions ("Terms") apply between Mahollo Recruitment Co., Ltd. (the "Company") as a service provider of a job search engine and apply tool called 5ARCHEEP (the "Platform"), which the Company has hired Mahollo Place Co., Ltd. to established and provide, and you, whether you are a juristic person or person (the “Recruiter”). If you do not agree to comply with these Terms. The Company reserves the right to refuse to provide services to you. In this regard, if you continue to use the Company's platform and services, the company shall assume that the recruiter has read and understood these Terms and Conditions and you agree to be bound by all the terms and conditions herein. The Company reserves the right to amend these Terms and Conditions without notifying the Recruiter and/or obtaining your consent.
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1. Acceptance of Terms and Conditions
- 1.1 These Terms shall be binding on the Recruiter who uses the Platform's services as soon as the Recruiter clicked to accept these Terms and Conditions.
- 1.2 The Recruiter has read and understood these Terms and Conditions carefully and agreed to accept the conditions before starting to use the service.
- 1.3 All Recruiters shall use the Services in accordance with the terms set out in these Terms and Conditions. If there are any additional requirements for the service, The Recruiter must also comply with the requirements set forth in the additional Terms.
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2. Username and Password
- 2.1 The Recruiter agrees to maintain confidentiality and not disclose the username and password or any other security code (if any) for the use of the Platform services to any other person for any reason, and the Company shall not be liable for any damages incurred due to the loss of the username and password or any other security code (if any) or if any other person is aware of such username and password.
- 2.2 The Recruiter acknowledges that any transaction or use of any service made by using the Recruiter's username and password or any other code (if any) shall be deemed to be the Recruiter's own actions and binding on the Recruiters, without signing any documents.
- 2.3 For safety reasons, If the Recruiter becomes aware that a third party knows the username and password or any other security code (if any) of the Recruiter. The company recommends that the Recruiter change the username, password, and any other security code (if any) of the Recruiter.
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3. Terms of Service
- 3.1 For safety or other necessary reasons. The Company may amend or add these Terms and Conditions without prior notice to the Recruiter. The Company recommends that the Recruiter regularly check the terms and conditions during the use of the service. However, If the Company makes a significant change to these Terms, the Company will notify the Recruiter by sending an email or notifying the Recruiter through a notice on the Platform.
- 3.2 The Platform is open 24 hours a day to support transactions via the Internet. Except in cases where the Company's computer system, equipment, or related communications systems are damaged or are in the process of being improved or repaired or a force majeure event occurs. The Company reserves the right to suspend the service for modification and repair of the Platform without prior notice and shall not be considered the fault of the Company. The Company shall not be liable for any damages caused by force majeure or modifications and repairs of the Platform of such incidents.
- 3.3 The Company will not be liable for any damages, expenses, or losses that may occur from providing services which include delays in data transfer, data dissemination periods, Interruptions, or any other incident that hinders access to the connection of Platform services, display errors, system stability, computer viruses, If the company has taken care of it appropriately or according to the circumstances.
- 3.4 The Recruiter agrees and accepts to provide information data in various forms and types as requested by the Company as necessary for the benefit of the service.
- 3.5 The Company shall not be liable for any failure or defect in the provision of the Services, whether in whole or in part. As a result of non-compliance with these Terms and Conditions.
- 3.6 The Recruiter agrees and accepts that the user account is for the exclusive use and belongs solely to the user account holder only. The User may not transfer or lend their User Account to any third party, and any third party may not subtract the User Account from the Recruiter. In addition, any transaction or use of any service made by the User Account shall be deemed to be the Recruiter's own action and binding solely on the Recruiter.
- 3.7 The Company reserves the right to display advertisements for job applicants and/or applicants ("Users") who have deposited their resume profiles with the Platform and its applications.
- 3.8 The Company reserves the right to remove any job postings related to your commercial business purposes (including of recruitment business purpose) for success fees without prior notice. However, job postings for internal staff are permitted.
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4. Recruiter Profile
- 4.1 The Recruiter agrees to record the profile and keep the information on the Platform.
- 4.2 Profile Collection Services; The company shall deliver it to the users who register with the platform. The Company is only obliged to provide deliver the job recruitment requirements according to the job positions of the Recruiter for recruitment purposes only.
- 4.3 The Recruiter cannot search the User's profile. The Recruiter must apply to be a member of the platform to post for the job positions that need to be recruited. The Company cannot guarantee the minimum number of resumes to be searched or contacted by the User, and the Company may forward the job positions to the User who has kept the resume with the Platform.
- 4.4 The Company may notify the Recruiter of the inaccuracy or inappropriateness of the Job placement posted by the Recruiter on the Platform.
- 4.5 The Company has the absolute right to refuse to distribute, publish, forward, or cancel, including remove from the system of job positions posted by the Recruiter on the Platform or recorded and stored in the Platform system.
- 4.6 The Company may refuse, remove, or modify the job information posted by the Recruiter on the Platform in violation of the law. Good morals or pornographic content. or for any other unlawful reason, including inaccurate information. Error, incomplete, imperfect, deleted, modified, or defective. The Company may amend the information to be accurate and complete as it deems appropriate without notice.
- 4.7 The Company will retain the job positions posted by the Recruiter on the Platform in accordance with the terms of the Platform and/or until the Recruiter wishes to delete the information from the system or according to the Company's announcement to the Recruiter not less than 7 days in advance.
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5. Use of the Service
- 5.1 The services on this Platform are both free of charge and paid services and are considered voluntary by the Recruiter who agrees to comply with the stated conditions.
- 5.2 The Recruiter agrees not to act in the following manner:
1) Send any message or content that is illegal or immoral, defamatory, obscene, indecent, racist, ethnic, religious, and or violates the privacy rights of others. Use provocative, violent words with intentions other than advertising, attacking competitors, or engaging in any illegal activities. or related to money laundering.
2) Forge or imitate others or do any act that shows to a third party that they are officers, employees, agents, or The Company's authorized person to seek unfair benefits and make it generally understood that the person is acting on behalf of the Company.
3) Counterfeit, copy, cut, modify, change, or commit any act that has the effect of changing any text on the Platform.
4) Transmit any content that infringes copyrights, patents, trademarks, service marks, trade secrets, and any other intellectual property rights that may and or can be found to infringe the rights of others;
5) Sending any message that contains computer viruses, A set of commands or computer code, files, or other programs that are designed to destroy, disrupt the operation of hardware or software computer, or limit the functionality of the Company's platform and other systems.
6) Send an inviting message, unauthorized promotion includes Junk Mail, Spam, Chain Letters, Pyramid Schemes, or any other form of the same nature.
7) Send any message that is supportive or contains illegal messages.
8) Use various data extraction programs within the platform (Screen Scraping), Data Mining (Data Mining), robots, or data gathering techniques and tools used to extract data on the Platform, in the same manner, to create, maintain, develop, or copy the data contained on the Platform for use on the Recruiter's website or in any other publications printing media, unless the prior written consent from the Company.
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6. Payment
- 6.1 Purchase of services on this platform and/or other related ancillary services. The Recruiters can make the payment through the channels specified by the company as follows,
a) Online payment by electronic card through the payment system of a commercial bank, and the terms of service are as specified by the financial institution of such payment system. The Recruiter can check more information on those conditions on the financial institution's payment system page. However, In case of any damage, loss, or failure of the payment system, the Recruiter needs to contact the financial institution that owns the payment system directly. The Company shall not be liable for any damage, loss or failure of such payment system.
b) Offline payment by transfer to the Company's account.
- 6.2 Receiving payment according to Clause 6.1, the Company may assign to Mahollo Place Co., Ltd. has right to accept payments on behalf of the Company, and if the Recruiter pays for the purchase of services on this Platform and/or other related ancillary services through Mahollo Place Co., Ltd., the Company shall be deemed to have received payment successfully from you.
- 6.3 Withholding Tax, The Recruiter has the right to withhold tax as announced by the Revenue Department. Once the payment is successful, please send the withholding tax certificate to the company within 7 days from the date of payment.
- 6.4 unless otherwise expressly agreed upon, the payments cannot be refunded under any circumstances.
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7. Duties and Responsibilities of Recruiters
- 7.1 In the event of changes of address, any information or announcement that affects the use of the Service. The Recruiter is obliged to notify the Company as soon as possible.
- 7.2 The Recruiter acknowledges and agrees that the Recruiter shall be responsible in the event of any damage caused by the breach of these Terms of Service or the infringement of the rights of individual of others. Including attorney's fees claimed by third parties. The Company, its affiliates, officers, agents, and promotional program participants, business partners, and employees will not be jointly responsible reliable for such damages.
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8. Company Disclaimer
- The Company shall not be liable for any damages, both direct or indirect, special damages, incidental damages, or consequential damages. Any loss or expense incurred in connection with the Company's inability to execute the order, error, abstaining from action, interfere, defects due to the following reasons:
- 8.1 In case the Recruiter provides inaccurate information and details.
- 8.2 Force majeure events, including the event where communication or signaling equipment does not work or fails, or is caused by computer viruses.
- 8.3 The Recruiter fails to comply with these Terms and Conditions.
- 8.4 Delays or defect to equipment caused by the Recruiter's computer.
- 8.5 Loss of profits, goodview, utilization, data or other intangible damages of the use of the Service, including any information on the Platform;
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9. Disqualification from Recruiter
- The Recruiter acknowledges and agrees that the Company has the right to discontinue for all or in part of the Services. Or cancel the Recruiter's account regardless of whether they are notified or not. If the Company believes that the Recruiter has violated the Terms of Service, overdue payment of service fees, default of payment, including deletion of information and related files that the Recruiter may provide to the Company, the Company shall not be responsible for any damages caused by the cancellation of the service or membership.
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10. Communication
- 10.1 The documents or letters which the Company has sent to the Recruiter by electronic mail (Email), communication channels on the Platform, and / or the address specified in the subscription registration or service registration, it is deemed that the Recruiter has known such contents of the documents or letter.
- 10.2 The Recruiter confirms that the e-mail address as specified by the Recruiter in any part of the Platform is an email address that can be accessed to the Recruiter at any time. The Recruiter agrees that correspondence, letters, and notices from the Company are sent to the Recruiter via email address, It is to notify the Recruiter in the correct manner and the recipient shall be deemed to have seen the contact from the date sent of an email.
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11. Intellectual Property
- All text, images, sounds, content, trademarks, service marks, names, trade names, methods of presentation and any components, including intellectual property of any kind which been made available by the Company appearing on this Platform are all legally owned solely by the Company. And is protected by intellectual property law. The Recruiter is prohibited from copying the information on the Platform or other documents, or distribute or copy, or prohibit in any other actions that may cause the essence to change from the original without prior written permission from the company.
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12. Miscellaneous Terms
- 12.1 These terms and conditions are interpreted and enforced in accordance with the laws of the Kingdom of Thailand.
- 12.2 In the event that any provision of these conditions is void or unenforceable for any reason, Other provisions that are not void or that are still enforceable will continue to be binding.