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.
3.4 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
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
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
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 firstname.lastname@example.org.
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.
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.
6.1 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.
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.
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
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.
12.1 Several users
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.