1. General Information

1.1 Information about Weesper

The Services (as defined below) are provided and operated by Weesper Limited (herein referred to as “Weesper”), a Hong Kong limited liability company, which registered office is located at 9/F 33 Lockhart Road, Wan Chai, Hong Kong, registered with the Hong Kong Companies Registry under identification number 243727.

1.2 Description of the Services

Through the online platform www.weesper.com (the “Platform”), Weesper provides matching services (the “Services”) to (i) employers (the “Employers”), (ii) referrers (the “Referrers” - or “Weesperers” as referred to on the Platform), and (iii) candidates (the “Candidates”); to assist Employers in their recruitment process. Employers, Referrers and Candidates using the Services shall together form Weesper’s community (the “Community”).

To access the Services, Candidates shall create a user account (a “Weesper Account”) and shall exchange by way of messages sent and received through the Platform (“Weesper Messages”). Weesper shall notify the receipt of new Weesper Messages to Candidates on the email address associated with their Weesper Account. Conditions for creating a Weesper Account, exchanging Weesper Messages, and using the Services are further detailed below.

1.3 Terms of Use and Privacy Policy

By using the Services, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Platform (the “Content”), Candidates acknowledge and agree to be subject to and bound by the following terms of use (the “Terms of Use”), together with Weesper’s privacy policy (the “Privacy Policy”).

Weesper’s Privacy Policy sets out the terms on which we process any personal data we collect from users or that users provide to Weesper. By using the Services, Candidates consent to such data processing and warrant that all data provided is accurate and up-to-date. Candidates understand that through the use of the Services they consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Hong Kong for storage, processing and use by Weesper. As part of providing the Services, Weesper may need to provide Candidates with certain communications, such as service announcements and administrative messages, which are considered part of the Services and may not be opted-out. [Please refer to the detail of our “Privacy Policy” here].

2. Candidates' Access TO the PLATFORM

2.1 Candidates' Eligibility

To access the Services through the Platform, Candidates must (i) confirm their interest in a job offer published by an Employer through the Platform (a “Job Offer”), and advertised by a Referrer through a private invitation (a “Private Sharing”) or through the sharing of a link (a “Public Sharing”); and (ii) create a Weesper Account to apply to this Job Offer. To create a Weesper Account, Candidates must be an individual of at least eighteen (18) years old, capable to enter into legally binding contracts. Besides, Candidates hereby warrant that all registration information submitted is truthful and accurate, that they will maintain the accuracy of such information, and that their use of the Platform and the Services will not violate any Applicable Laws.

2.2 Login and Password

To create a Weesper Account, Candidates are required to choose a login and a password, which will enable accessing the Platform for future use. Candidates are responsible for safeguarding the password that they use to access the Platform and for any activities or actions under their password. Acceptable passwords shall use a combination of upper and lower case letters, numbers and symbols. Candidates must treat such information as confidential. Candidates must not disclose it to any third party. Weesper cannot and will not be liable for any loss or damage arising from Candidates’ failure to comply with the above.

Candidates hereby acknowledge and agree that Weesper is entitled to disable any password, whether chosen by Candidates or allocated by Weesper, at any time, if in Weesper’s reasonable opinion Candidates have failed to comply with any of the provisions of these Terms of Use.

If Candidates know or suspect that anyone knows their password, they must promptly notify Weesper at hello@weesper.com.

2.3 Candidates' Profile

To create a Weesper Account, Candidates are required to provide Weesper with detailed information on themselves including their identity, email address, Curriculum Vitae (“CV”), LinkedIn profile, past experiences, expected salary, availability, preferred period for Job Interviews (as defined below), and any additional information useful to understand their background as Candidates on the Platform (the “Candidate’s Information”). Upon collection of the Candidate’s Information, Weesper shall create a Candidate’s profile (the “Candidate’s Profile”), providing key information on the Candidate, for publication on the Platform and access by Employers. [Individual names, addresses, e-mail addresses or telephone numbers] (the “Candidate’s Confidential Information”) shall not be disclosed to third parties without the Candidate prior consent, except to the extent necessary or appropriate to comply with Applicable Laws or in legal proceedings where such information is relevant.

Weesper will use, store and disclose such information in compliance with the terms of the “Privacy Policy”. Weesper shall not be responsible for any information, data, content, opinions, advice or statements made available by Candidates while creating their Weesper Account and providing Candidate’s Information.

2.4 Integration with Social Media Services

In the future, Candidates shall be able to link their Weesper Account with third parties’ social media accounts, such as their LinkedIn profile (“Social Media Services”). The integration or inclusion of such feature does not imply any endorsement or recommendation of any particular Social Media Services.

As part of such integration, Social Media Services will provide Weesper with access to certain information that Candidates have provided to such Social Media Services, and Weesper will use, store and disclose such information in compliance with the terms of the “Privacy Policy”. However, the manner in which Social Media Services use, store and disclose Candidates’ Information is governed solely by the policies of such third parties, and Weesper shall have no liability or responsibility for the privacy practices or other actions of any third party website. In addition, Weesper shall not be responsible for any information, data, content, opinions, advice or statements made available in connection with Social Media Services. As such, Weesper shall not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Media Services.

3. Candidates' Use Of The Services

3.1 Access to a Job Offer

If a Candidate expresses its interest in a Job Offer advertised by a Referrer (upon Public or Private Sharing of that Job Offer), that Candidate shall access all relevant details of the said Job Offer, including (i) the position offered with a detailed list of duties to be performed (the “Job Description”), (ii) the skills, qualification and other criteria required from the Candidate (the “Selection Criteria”), and (iii) the Employer’s profile (“Employer Profile” - providing key information on the Employer).

Candidates shall not be able to access any Job Offer published through the Platform before their approval of Weesper’s Terms of Use and Weesper’s “Privacy Policy”.

3.2 Application to a Job Offer

Candidates cannot submit their application directly to the Employer who published a Job Offer through the Platform, and can only apply indirectly, by asking the Referrer who advertised that Job Offer (upon Private or Public Sharing), to submit their recommendation (a “Candidate Recommendation”) through the Platform, under the conditions described below.

For that purpose, the said Referrers should conduct personalised in depth exchanges with that Candidate, in order to assess whether its profile (the “Candidate Profile” - providing key information on the Candidate) is relevant for that Job Offer (“Preliminary Exchanges”). During the Preliminary Exchanges, the Referrer shall undertake its best efforts to collect quality information, accurate, up-to-date and useful for the Employer, considering the skills and motivations of the Candidate. If these Preliminary Exchanges confirm the accuracy of the Candidate Profile for that Job Offer, the Referrer can submit a Candidate Recommendation through the Platform.

In principle, Candidates shall not access the content of any Candidate Recommendation. However, if they wish so, Candidates can ask Weesper to request the approval of the Referrer who drafted a Candidate Recommendation, in order to access such content. When accessing the content of a Candidate Recommendation, Candidates can only request the correction of factual errors or ommissions but cannot ask for any other change of its content.

Referrers can discretionarily assess the accuracy of a Candidate Profile and remain entirely free to submit or not a Candidate Recommendation through the Platform. Candidates shall have no power in that respect and cannot force a Referrer to submit a Candidate Recommendation.

Besides, Weesper is also entitled to assess the accuracy of a Candidate Recommendation sent by a Referrer and can refuse to forward it to the Employer if such Candidate Recommendation is not relevant for the Job Offer submitted by that Employer.

3.3 Job Interview

Upon examination of Candidates Recommendations, the Employer can Reveal the identity of one (1) or several Candidate(s) recommended by Referrers through the Platform (a “Shortlist Notification”). Each Revealed identity will grant the Employer access to detailed information on the Candidate(s) shortlisted, including identity, Curriculum Vitae, LinkedIn profile, and any additional information that Weesper judges useful to provide (the “Candidate’s Profile”).

After examination of a Candidate’s Profile, the Employer can freely decide to contact that Candidate and Shortlist candidates by asking Weesper to book an interview (a “Job Interview”) or informing Weesper that the Employer have booked an interview with the Candidate Employers remain entirely free to interview or not a Candidate who has been recommended through the Platform and have no obligation to interview all Candidates recommended through the Platform. Hence, by using the Services, Candidates understand and acknowledge that the recommendation of their profile on the Platform, does not guarantee any Interview.

3.4 Hiring of a Candidate

After an Interview, Candidates might enter into an employment agreement (the “Employment Agreement”) with an Employer. Employers remain entirely free to hire or not a Candidate. Hence, by using the Services, Candidates understand and acknowledge that the Interview itself does not guarantee the conclusion of any Employment Agreement.

3.5 License to use the Services

Weesper gives Candidates a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided by Weesper as part of the Services. This license is for the sole purpose of enabling Candidates to use and enjoy the benefit of the Services as provided by Weesper, in the manner permitted by these Terms of Use.

3.6 Virus protection

Weesper does not guarantee that its Services will be secure or free from bugs or viruses. Candidates are responsible for configuring their information technology, computer programs and platform in order to access the Platform. Candidates should use their own virus protection software.

3.7 Prohibited use of the Services

Candidates shall not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Weesper's computer systems, or the technical delivery systems of Weesper's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Weesper (and only pursuant to those Terms of Use) (scraping the Services without Weesper’s prior consent is expressly prohibited); (iv) forge any transmission control protocol (“TCP”) or internet protocol (“IP”) packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Weesper will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing Candidates’ identity to them. In the event of such a breach, Candidates’ right to use Weesper’s Services will cease immediately.

3.8 Inactive and Deviant Weesper Accounts

Candidates acknowledge and agree that Weesper reserves the right to terminate Weesper Accounts (i) that are inactive for an extended period of time (i.e. more than six (6) months), or (ii) when the behavior of their user disturbs the functioning and/or the quality of the exchanges made through the Platform.

4. Content on the PLATFORM

4.1 Content

Candidates warrant that all information uploaded on the Platform complies with Applicable Laws, and Candidates will be liable to Weesper and indemnify Weesper for any breach of that warranty and will be responsible for any loss or damage Weesper suffers as a result of their breach of that warranty.

Except Candidates’ Confidential Information, any Content they upload to the Platform will be considered non-confidential and non-proprietary, and Weesper has the right to use, copy, distribute and disclose to third parties any such Content for any purpose. Weesper also has the right to disclose Candidates’ identity to any third party who is claiming that any Content uploaded by Candidates on the Platform constitutes a violation of their intellectual property rights, or of their right to privacy. Weesper shall not be responsible, or liable to any third party, for the Content or accuracy of any Content uploaded by Candidates on the Platform (whether directly or through Social Media Services).

Weesper does maintain the right to remove any Content Candidates upload on the Platform if, in Weesper’s opinion, such Content is not relevant or presents no link with the Services. Weesper does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications uploaded on the Platform or endorse any opinions expressed via the Platform. Under no circumstances shall Weesper be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Platform.

Any upload, use or reliance on any Content or materials uploaded on the Platform or obtained by Candidates through the Platform is at their own risk.

4.2 Content copyright policy

Weesper respects the intellectual property rights of others and expects users of the Services to do the same. Weesper will respond to notices of alleged copyright infringement that comply with Applicable Laws. If Candidates believe that their Content has been copied in a way that constitutes copyright infringement, they shall provide Weesper with the following information: (i) identity of the copyright owner or person authorized to act on its behalf, together with a physical or electronic signature of the latter; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable us to locate the material; (iv) contact information, including address, telephone number, and email address; (v) a statement by Candidates that they have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or any applicable law; and (vi) a statement that the information in the notification is accurate, and that Candidates are authorized to act on behalf of the copyright owner.

Weesper reserves the right to remove Content alleged to be infringing without prior notice, at its sole discretion, and without liability to Candidates. In appropriate circumstances, Weesper will also terminate any Weesper Account if its user is determined to be a repeat infringer. Weesper’s address for notices of alleged copyright infringement occurring through the use of the Services is hello@weesper.com.

5. Users Rights

Candidates retain their rights to any Content they submit, post or display on or through the Platform. By submitting, posting or displaying Content on or through the Platform, Candidates grant Weesper a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

Candidates agree that this license includes the right for Weesper to provide, promote, and improve the Services and to make Content submitted to or through the Platform available to other companies, organizations or individuals who partner with Weesper for the provision of the Services. Such additional uses by Weesper or other companies, organizations or individuals who partner with Weesper may be made with no compensation paid to Candidates with respect to the Content they submit, post, transmit or otherwise make available through the Platform.

Candidates are responsible for their use of the Services, for any Content they provide, and for any consequences thereof, including the use of their Content by other users and our third party partners. Candidates understand that their Content may be syndicated, broadcast, distributed, or published by Weesper’s partners and if Candidates do not have the right to submit Content for such use, it may subject Candidates to liability. Weesper will not be responsible or liable for any use of Candidates’ Content by Weesper in accordance with these Terms of Use. Candidates represent and warrant that they have all the rights, power and authority necessary to grant the rights granted herein to any Content that they submit.

The above does not apply to Candidates’ Confidential Information, which can only be collected by Weesper for administration purposes, but which shall remain strictly confidential and shall not be published on the Platform without Candidates’ prior consent, except to the extent necessary or appropriate to comply with Applicable Laws or in legal proceedings where such information is relevant.

6. Links

6.1 External links to the Platform

Candidates may link to Weesper’s Platform on their own website (if any), as long as they do so in a way that is fair and legal and does not damage Weesper’s reputation or take advantage of it. Candidates must not establish a link in such a way as to suggest any form of association, approval or endorsement on Weesper’s part where none exists. Candidates shall not establish a link to Weesper’s Services in any website that is not owned by them. Weesper reserves the right to withdraw linking permissions without notice.

6.2 Third parties links and resources on the Platform

The links from the Platform may take Candidates to other sites or services and Candidates acknowledge and agree that Weesper has no responsibility for the accuracy or availability of any information provided by third parties’ services and websites. Links to third parties’ services and websites do not constitute an endorsement by Weesper of such services or websites, or the information, products, advertising or other materials made available by such third parties.

7. Intellectual property rights

All intellectual property rights subsisting in respect of the Services belong to Weesper or have been lawfully licensed to Weesper for use in connection with the Services. All rights under Applicable Laws are hereby reserved. Candidates are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Platform itself or create derivative works with respect thereto, as the Platform is copyrighted under Applicable Laws.

Candidates agree that Weesper can freely use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by Candidates to Weesper (any “Input”) in connection with the Services and/or their use of the Services without any payment to Candidates. Candidates hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to Weesper’s use, disclosure, adoption and/or modification of any or all of their Input(s).

8. Limited liability and warranty

Please read this section carefully since it limits the liability of Weesper and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Weesper Entities”). Each of the subsections below only applies up to the maximum extent permitted under Applicable Laws. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to Candidates. Nothing in this section is intended to limit any rights Candidates may have which may not be lawfully limited, and in such case, all information therein is for their general reference only.

Weesper responsibilities are strictly limited to the Services. Candidates hereby acknowledge and agree that Weesper is not an employment agency nor a party to any Employment Agreement entered into between Candidates and Employers, and that Weesper shall not be responsible for any and all liabilities in that respect.

Candidates’ access to and use of the Services is at their sole risks and is provided “as is”, “as available”. The Services are for personal use only and Weesper Entities make no representation or warranty of any kind, express or implied, including, without limitation, any warranties on merchantability or fitness for any particular purpose or non-infringement.

The entire liability of Weesper Entities and Candidates’ exclusive remedy with respect to the Services or otherwise, is re-performance of defective Services. In jurisdictions which do not allow the exclusion or limitation of certain types of liability, Weesper Entities’ liability shall be limited to the maximum extent permitted by law. Weesper does not endorse, warrant or guarantee any material, product or service offered through the Platform or the Services.

Weesper Entities shall not guarantee or assume any responsibility that:

(a) The information presented in Weesper’s Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;

(b) The information presented in Weesper’s Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage Candidates’ software, data or equipment;

(c) Weesper Messages sent through the Internet in connection with the Services will be free from interception, corruption, error, delay or loss;

(d) Access to the Services will be available or be uninterrupted;

(e) Use of the Services will achieve any particular result;

(f) Employment Agreements concluded between Employers and Candidates will effectively result in a successful and long-term employment relationship;

(g) Candidates hired by Employers pursuant to Candidates Recommendations sent to the Employer by Referrers, will meet Employers’ expectations.

Without limiting the generality of the foregoing, in no event will Weesper Entities be liable to Candidates or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the Services, even if any of Weesper Entities has been advised of the possibility of such loss or damages.

Candidates will exercise and rely solely on their own skill and judgment in their use and interpretation of the information and use of the Services. Candidates are responsible to ensure that their use of the information and the Services complies with all Applicable Laws.

Without prejudice to the foregoing, if Candidates’ use of the Services does not proceed satisfactorily and/or where applicable Candidates do not receive appropriate responses to such use from us, as set out in these Terms of Use or otherwise, please contact Weesper at hello@weesper.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.

The limitation of liability contained in these Terms of Use shall apply to the fullest extent permitted by Applicable Laws.

9. Indemnity

Candidates agree to defend, indemnify and hold Weesper harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from their breach of any of these Terms of Use and/or their use of the Platform. Weesper may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect Weesper’s rights or obligations shall be made without Weesper’s prior written approval. Weesper reserves the right, at its own expense and on notice to Candidates, to assume exclusive defense and control of any claim or action.

10. Termination

These Terms of Use will continue to apply until terminated by either Candidates or Weesper as follows.

Candidates may close their Weesper Account at any time for any reason and without prior notice by deactivating their Weesper Account and discontinuing their use of the Services. Subsequently, termination will be automatically notified to Weesper, through the Platform.

Weesper may suspend or terminate Candidates’ Weesper Account or cease providing them with all or part of the Services at any time, without prior notice, if Weesper reasonably believes that: (i) Candidates have violated any of the obligations arising from these Terms of Use, or (ii) Candidates create risk or possible legal exposure for Weesper. Weesper will notify Candidates such termination, through the email address associated with their Weesper Account or the next time they attempt to access their Weesper Account.

In all such cases, any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of these Terms of Use shall remain in full force and effect.

Nothing in this section shall affect Weesper’s rights to change, limit or stop the provision of the Services without prior notice, as provided below under Article 12.3.

11. Governing law and jurisdiction

These Terms of Use shall be governed by the laws and regulations of the Hong Kong Special Administrative Region of the People’s Republic of China (the “Applicable Laws”).

Any disagreement regarding the validity, interpretation and/or performance of these Terms of Use shall be settled through friendly consultations between the parties, starting immediately after the most diligent party has delivered to the other party a written request for such consultation (a “Consultation Request”).

If no amicable agreement can be reached within thirty (30) days from the Consultation Request, the dispute shall, upon request of the most diligent party, be submitted to the competent jurisdictions in Hong Kong.

12. General

12.1 Several users

If there are two (2) or more persons adhering to these Terms of Use, their liability under the Terms of Use is joint and several, and their rights are joint.

12.2 Changes of the Terms of Use

Weesper reserves the right, at any time, at its sole discretion and without prior notice, to change or otherwise modify the Terms of Use, and Candidates’ continued access or use of the Services signifies their acceptance of the updated or modified Terms of Use.

12.3 Changes of the Services

The Services that Weesper provides are always evolving and the form and nature of the Services Weesper provides may change from time to time without prior notice. In addition, Weesper may stop (permanently or temporarily) providing the Services (or any features within the Services) to Candidates or to users generally and not be able to provide prior notice. Weesper also retains the right to create limits on use and storage at its sole discretion at any time and without prior notice.

12.4 Severance

The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

12.5 Waiver

No failure or delay by Candidates or Weesper (as the case may be) to exercise any right or remedy provided under these Terms of Use or Applicable Laws shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

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