JobO3 Terms and Conditions

1. Introduction.
Please read this web page carefully as it contains the Terms and Conditions governing your access to and use of the JobO3 website. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not be able to use the Site. If you are an employer using the Site, you may have entered into a Service Agreement with JobO3, in which case these Terms and Conditions, including the Exhibits attached hereto, are part of/should be and incorporated into that Service Agreement. These Terms and Conditions are effective as of June 1, 2007.

2. Binding Agreement.
These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by JobO3.com) form a binding agreement (the "Agreement") between you and JobO3.com. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You also agree to use the Site at your own risk.

3. Site Definitions.
The following definitions apply to this Agreement:
JobO3 website" or the "Site: includes www.JobO3.com in its entirety and its related sites owned or operated by JobO3.com, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
Content: includes all Text, Graphics, Design and Programming used on the Site.
Text: includes all text on every page of the Site, whether editorial, navigational, or instructional.
Graphics: includes all logos, buttons, and any other graphical elements on the Site, with the exception of paid advertisement banners.
Design: includes the color combinations and the page layout of the Site.
Programming: includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
Document: refers to any posting to the Site, whether job or resume postings.
Services: means any services provided on the Site by JobO3 or its agents.
Premium Membership: mean MyO3 Network Membership
User: refers to any individual or entity that uses any aspect of the Site.
Jobseeker: means a User who is accessing the Site to search for a job or in any other capacity except as an Employer.
Employer: means a person or entity that is accessing the Site to post a job or for any reason related to the purpose of seeking candidates for employment.
"You" and "you" means the person or members who (or the user’s entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions

4. Acceptable Use of the Site.

4.1 General Use Rules. The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use this Site only for lawful purposes within the stated context of JobO3's intended and acceptable use of the Site. JobO3 is the sole interpreter of the Site’s intended and acceptable use

4.2 License to Use - Job Seekers. JobO3 hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post onto the Site and any consequences arising from such postings. You agree that your continued use of the Site is a privilege and JobO3 reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

4.3 License to Use - Employers. JobO3 hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects. Users of our Resume Database should please see the Terms and Conditions under our Resume Database Subscription Agreement, which are incorporated herein by reference, for further clarification. You may not sell, transfer or assign any products or services or your rights to any products or services (including access to the Resume Database) provided by JobO3 to any third party without the express written authorization of JobO3.com. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. JobO3 reserves the right to suspend or terminate your access and use of the site and emcompassing services at anytime if JobO3 determines that you are in breach of any of these Terms and Conditions.

4.4 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable by laws.

4.5 Rules for Posting, Conduct and Security. You agree to comply with the "House Rules" for posting, conduct and security on the Site, which are attached hereto as Exhibit A

5.0. Termination of Membership, Reimbursement of Advance Payments

5.1 You may terminate the Free Membership at any time without cause. You may deliver notice of termination using the contact form available on all JOBO3 Web sites at any time. The termination notice shall include your registered name and an email address of You registered on one of the JOBO3 Web sites.

5.2 You may terminate without cause the Premium Membership to the end of the minimum runtime chosen by you in the course of the registration process, or to the end of any renewal period after said minimum runtime expires, by giving notice of fourteen (14) business days. You may deliver notice of termination using the contact form available on all JOBO3 Web sites, or by sending a fax or letter to JOBO3. The termination notice shall include the registered name of your name and an email address registered by you on the JOBO3 website. If you have terminated the Premium Membership, You are entitled to retain a Free Membership until such termination takes effect. The provisions of this section 5.2 shall not affect the right of both parties to terminate the agreement for good cause.

5.3 A good cause is defined as an event which makes it unacceptable for JOBO3 to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of JOBO3 against You. A good cause may includes any of the following events:
- Your failure to comply with any applicable legal provisions;
- If You breaches a contractual obligation, in particular an obligation set forth herein;
- If the reputation of the services offered on the JobO3 website is substantially impaired by the online-presence of You (if, for example, it is discovered after registration that you has been convicted of a criminal offence, and if said conviction is known to other users);

- If You promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;
- If You causes harm to any other user(s);
- If You are a member of a religious sect or a denomination that is controversial in Malaysia

5.4 In the event of a good cause in accordance with section 5.3 and notwithstanding JobO3’s right to terminate the contract in accordance with section 5.3, JobO3 is entitled to:
- Delete any or all the contents posted by You
- Issue you a warning, or
- Block your access to the services on the JobO3 Web sites.

5.5 In these following cases, you shall not and are not entitled to claim a reimbursement on any advance payments:
- If JobO3 has terminated the contract for good cause pursuant to section 5.3,
- If JobO3 has blocked your access in accordance with section 5.4, or
- If you have terminated the agreement. However, your right to claim reimbursement of any advance payments shall not be excluded in this case if you have terminated the agreement for a good cause attributable to JobO3.

6. Intellectual Property Rights. The Site and all rights, title and interests are the sole property of JobO3 or its licensors, and are protected by Malaysian copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, JobO3 reserves for itself and its licensors all other rights, titles and interests. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way that constitutes a public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "JobO3," the JobO3 logo design and certain other names or logos are service marks or trademarks of JobO3, and all related product and service names, design marks and slogans are the service marks or trademarks of JobO3 except where stated otherwise. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by JobO3's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

7. Disclaimers and Limitations on JobO3's Liability.

7.1 Allocation of Responsibility. JobO3 assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. JobO3 acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance to their being sent. It is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which purportedly does not conform to this agreement, JobO3 may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. JobO3 has no liability or responsibility to Users for performance or nonperformance of such activities. JobO3 may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

7.2 Endorsements by JobO3. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its website, products, services, hiring, experience, employment or recruiting practices, or otherwise.

7.3 Guaranty of Results. JobO3.com is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users. JobO3 does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User.

7.4 WARRANTY DISCLAIMERS

(b) Without limitation on the foregoing:

(ii) JobO3 makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.

(iii) JobO3 makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

7.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

(c) BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU.
IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN JOBO3'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO RM 100.00 IN THE AGGREGATE.

(e) Due to the nature of this Agreement, in addition to money damages, you agree that JobO3 will be entitled to equitable relief upon a breach of this agreement by you.

8. Payment of Services upon Termination of Service Agreement. If at any time during the course of this Agreement you should terminate a Service Agreement in which these Terms and Conditions have been incorporated by reference, not to include your termination in the case of breach of this Agreement or the Service Agreement by JobO3, JobO3 shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement. Failing to pay within 30 days, will subject to incur 18% interest per annum on balance until full settlements.

9. Links to Other Sites. JobO3 contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by JobO3 of the contents on such third-party websites. JobO3 is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

10. Amendments to this Agreement and Changes to Site. JobO3 may revise this Agreement at any time by updating this page. Changes will be binding on you immediately they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions (including any Exhibits thereto). If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by JobO3 unless JobO3 agrees to them in a signed writing specifically including those new or different terms. JobO3 may change the Site and/or links to it at any time without notice.

11. Indemnity. You agree to defend, indemnify, and hold harmless to JobO3 (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, or your breach of this Agreement. JobO3 shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

12. User Information. The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through JobO3’s on-line operations only. Please note, as set forth in the Privacy Policy, that JobO3 may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, JobO3 reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.

13. Questions and Notices. Questions concerning the use of the Site should be directed to Feedback. Notices fpr JobO3 shall be sent to the address listed on the Site, and, for you, to the address submitted by you or such other address as JobO3 reasonably determines is an appropriate address for you.

14. General. JobO3 contact information is listed on the Site. The JobO3 makes no claims that the Content on the site is appropriate or may be downloaded outside of Malaysia. Access to the Contents may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access JobO3 from outside of Malaysia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Jurisdiction for any claims arising under this Agreement or your Service Agreement shall lie exclusively with the state or federal courts in Malaysia. The sole relationship between you and JobO3 is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by JobO3.com in a particular "Legal Notice," or software license or material on particular web pages of the Site, this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and JobO3.com.

Final Provisions

15.1 JobO3 reserves the right to change amendment at any time, without giving reasons, unless an amendment is unreasonable to the User. JobO3 shall give due notice of any amendments to you on announcement board or notify you by email. If you do not object to the applicability of the revised amendment two (2) weeks after receipt of said notice, the amended terms and conditions shall be deemed to be accepted by you. JOBO3 shall inform you about your right to object and of the relevance of the objection deadline in said notice.

15.2 Unless otherwise stated, you may submit all notices to JobO3 using the contact form provided on each of the JobO3 Websites, or by letter or fax. JobO3 may send notices to you by email, fax or post to the addresses given in your current contact data in his or her user account.

15.3 If any provision of these Terms & Conditions for is any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.

15.4 These Terms and Conditions and the contractual relationship shall be governed by Malaysia Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by Malaysia Law.

Exhibit A -Rules regarding Posting, Conduct and Security

JobO3 is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Site suspended or terminated, at JobO3's sole discretion. JobO3 reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions to which this Exhibit A is attached.

A1. Posting Rules:

(a) Your Document may not contain: (i) URLs or links to Websites (to advertise your company or Website, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) keywords or white text keywords (including any words embedded in the Document and hidden from You); (vi) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.

(b) You may not use your Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (including, but not limited to, Email Processors, Project 21, franchises, "club memberships," distributorships, or anything requiring a monetary investment by You, including a request for payment to obtain job listings); (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise.

(c) Your Document(s) must contain sufficient detail to convey clearly to You the nature and requirements of the job opportunity, or your qualifications as a candidate for employment. Documents that encourage you to "email for more details" are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.

(d) Job postings must be individual openings for traditional, W-2 or 1099 employees.

(e) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.

(f) JobO3 is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at JobO3's sole discretion.

A2. Conduct Rules:

(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for a job or to initiate further discussion with the candidate). Communications soliciting the employer's business by our competitors are prohibited.

(b) You may not send unsolicited commercial email to Users.

(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify JobO3 immediately of any unauthorized use of your registration and password.

(d) Report inappropriate postings or conduct to Feedback.

(e) You may not delete or revise any material posted by any other person or entity.

(f) If at any time during the term of this agreement JobO3 comes to the understanding that you: (i) misled JobO3 of your business practices and/or services, or (ii) purchased services that do not represent your precise business, JobO3 reserves the right to terminate this agreement.

(g) JobO3 is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported.

A3. Security Rules:

(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which You are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail spamming" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

(b) Violation of these Security Rules may result in civil or criminal liability. JobO3 will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.