Services provided by Sherimiss.com through the Site therein shall be available to Job Seekers or other users such as Prospective Employers. Access to and use of the contents and services provided on the Site shall be subject to the term and conditions which are set out below (“Terms and Conditions”) and the privacy statement (“Privacy Statement”). For further details about Sherimiss.com’s Privacy Statement, please click on this.
By clicking the "Submit" button at the Sign Up Page, Job Seeker and/or Prospective Employer will irrevocably and unconditionally gives his/her consent to agree to all Terms and Conditions of Sherimiss.com If you do not accept either or both of the Terms and Conditions and/or the Privacy Statement, please do not click the 'Submit' button, access, view, download or otherwise use any services offered by Sherimiss.com via the Site. By your continued use of the Site, you acknowledge that you have read and understood the Terms and Conditions and the Privacy Statement and that you agree to be bound by all of its provisions. Sherimiss.com reserves the right to amend, add to, delete or revise the Privacy Statement and the Terms and Conditions at any time without prior notice. You are advised to periodically review the Privacy Statement and the Terms and Conditions. Your access to the Site and Sherimiss.com’s services will be terminated upon your notice to Sherimiss.com that any change is unacceptable; otherwise your continued use shall constitute your acceptance of all changes and they shall be binding upon you.
Job Seeker agrees that he/she shall only use the Site for lawful purposes and seeking employment.
Job Seeker agrees to keep his/her login name and password with care and not to disclose them to any other person. Job Seeker is solely responsible for maintaining the confidentiality, safekeeping and security of such login name and password and shall notify Sherimiss.com immediately of any unauthorized use of the same.
Job Seeker confirms and acknowledges that he/she discloses his/her personal data and all other information to the Prospective Employers and/or Sherimiss.com of his/her own volition when he/she applies for available job vacancies posted on or through the Site, and/or when Job Seeker uses the Site for purposes of submitting, uploading or posting his/her resume on the Site. By submitting, uploading or posting his/her resume on the Site, Job Seeker authorizes Sherimiss.com to store his/her resume and information or data related thereto in the database of Sherimiss.com (“Database”). Job Seeker may send his/her resume and the related information or data directly to any Prospective Employer who advertises on or through the Site. Alternatively, Job Seeker may send his/her resume and the related information or data to Sherimiss.com through the Site in reply to any job advertisement. In such event, Job Seeker’s resume and the related information or data will remain active on the Site and be stored in the Database at his/her own risk unless and until he/she chooses to delete them. Job Seeker acknowledges and agrees that his/her resume and the related information or data may be accessed by the Prospective Employers who have applied to the services of Sherimiss.com for the sole purpose of recruiting and assessing the suitability of Job Seekers. Sherimiss.com also reserves the right to reject, disapprove or edit any part of the Job Seeker’s resume and the related information or data as it sees appropriate and to erase any personal data which Sherimiss.com reasonably believes that such data are inaccurate, false, illegal, unlawful, infringe copyright / trademark / trade name / trade secret or infringe any other intellectual property rights or invade the privacy of the other having regard to the purpose (including any directly related purpose) for which the data are or are to be used.
Job Seeker acknowledges and agrees that Sherimiss.com may, in its sole discretion, charges Prospective Employer for a fee for accessing to the Site, the Database and/or Job Seekers’ resumes, details and the related information or data for the sole purpose of recruiting and assessing the suitability of Job Seekers and subject to the terms herein. Job Seeker also recognizes that he/she shall have no claims to any such fee received by Sherimiss.com.
Sherimiss.com will not release Job Seeker’s personal data to any Prospective Employer without his/her permission unless required by any authorized institution or obliged under the prevailing laws and regulations. Job Seeker acknowledges and agrees that Sherimiss.com will, if he/she so authorizes, release his/her resume to Prospective Employer through the use of Sherimiss.com’s search engine or any other means for the sole purpose of enabling Prospective Employer to recruit and assess the suitability of Job Seekers in relation to any job vacancy. Job Seeker agrees that Sherimiss.com and its associated companies may use his/her personal data for marketing purposes which may be directed to either potential Prospective Employers, their respective agents or anyone under their employ.
Although Sherimiss.com shall use its reasonable endeavors to restrict access to the Database only to the Prospective Employers and personnel of Sherimiss.com, it does not guarantee that other parties will not, without Sherimiss.com’s consent, gain access to the Database. Job Seeker may disable searching or viewing of his/her resume by the Prospective Employers at any time. However, Job Seeker acknowledges that the Prospective Employers and other parties who have otherwise gained access to the Database may have retained a copy of Job Seeker’s resume. Sherimiss.com is not responsible for the retention, use or privacy of resumes in these instances, or for the use or privacy of resumes by any of such parties while the resumes are in the Database. Sherimiss.com will not be responsible or held liable in any way if any Prospective Employer or other user, in breach of the Terms and Conditions, whether in the British Virgin Islands or elsewhere, uses the Job Seeker’s personal data, information or materials for any purpose other than for recruiting potential employees. Job Seeker accepts that all personal data, information or materials given to Prospective Employer or other users, or submitted on or through the Site, are given entirely at his/her own risk.
Prospective Employer agrees that it shall only use the Site for lawful purposes and promoting any job related activities. If Prospective Employer has elected to also acquire Sherimiss Processing, these Terms and Conditions are to be read in conjunction with Sherimiss Process Terms and Conditions, which will be provided on request.
Upon payment of the service fee to Sherimiss.com or upon acceptance of any free trial promotion offer, Prospective Employer will be entitled to use the Site to advertise job vacancies on the Site for a predetermined period following agreement of the predetermined service, save and except for free trial promotion offer. Subject to the conditions or requirements from time to time stipulated by Sherimiss.com regarding the access to Job Seeker’s information or data, Prospective Employer will be entitled to access the Database but agrees that all information or data obtained as a result of such access shall only be used for the sole purpose of recruiting and assessing the suitability of Job Seekers and that such information or data shall not be disclosed to any other parties without the prior consent of the Job Seeker concerned. Prospective Employer acknowledges and agrees that it shall disregard any information or data received from Job Seeker which is irrelevant to recruiting and assessing the suitability of Job Seekers.
Prospective Employer shall be solely responsible for the contents of and materials contained in its advertisement on the Site. Sherimiss.com reserves the right to remove or edit, or require the removal or amendment of, any advertisement as it sees appropriate, or to terminate or suspend the Prospective Employer’s access and use of the Site and/or services offered on or through the Site at any time at the sole discretion of Sherimiss.com.
In the event where the Prospective Employer has opted for the Sherimiss Processing service, Sherimiss.com shall have the right to terminate any services offered to any Prospective Employer and to remove any advertisement on the Site at Sherimiss.com’s sole discretion, without any compensation or recourse to Prospective Employer in the event that the relevant Prospective Employer or the contents of the relevant advertisement is or are in breach of any of the provisions herein or any of the provisions in the Terms and Condition of Sherimiss Processing whereas, in the event that Sherimiss.com decides to remove an advertisement for any reasons not relating to any breach of the provisions herein or any of the provisions in the Terms and Condition of Sherimiss Processing, Sherimiss.com may after deducting the fees charged for the period that the advertisement has been posted on the Site, refund the remaining fees (if any) to the relevant Prospective Employer.
From time to time Sherimiss may invest in marketing campaigns to promote your employer brand (including but not limited to Google ads, Yahoo – Bing ads, Baidu ads, Facebook ads, Twitter ads, ad networks, Demand Side Platforms, Real Time Bidding, retargeting and other programmatic buying strategies) and Prospective Employer irrevocably agrees and gives his/her consent that Sherimiss may execute these marketing campaigns at its sole discretion wherein the Prospective Employer's information may be displayed and revealed and that such promotion may be outside the domain of Sherimiss or its subsidiaries / affiliates.
Sherimiss.com also reserves the right to change the service fee or institute new charges or fees, from time to time, as it deems appropriate. In the event that any Prospective Employer fails to pay the service fee or any other fees or charges due to Sherimiss.com, Sherimiss.com reserves the right to suspend or terminate the Prospective Employer’s advertisement and/or right to access the Database, without prejudice to all other rights and remedies available to Sherimiss.com.
Users agree(s) that: -
All contents of the Site, including without limitation information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Site (collectively “Contents”) are the intellectual property of Sherimiss.com or its licensors and are protected by copyright, trademark, patent and other intellectual property laws. Users acknowledge and agree that the Contents are made available solely for their personal non-commercial use. Except as otherwise provided in this paragraph, users shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, disseminate, distribute, redistribute, broadcast, circulate, store (in any medium), display, modify, sell or transfer or participate in the sale or transfer of or offer for sale of, create derivative works from, or in any way exploit any of the Contents, whether in whole or in part. Users may download or copy the Contents solely for their personal non-commercial use and/or users that are expressly permitted in these Terms and Conditions, provided that users will not delete or amend any symbols or statements in the Contents that indicate the subsistence therein of copyright, trademark and any other proprietary rights. Users do not have any right, title or interest in or to any or any part of the Contents as a result of such downloading or copying. Sherimiss.com reserves all its rights of enforcement of all its intellectual property rights or proprietary rights in the Contents, including without limitation against any use of any of the Contents that is not expressly permitted under the Terms and Conditions. For the avoidance of doubt, any purported consent of any third parties (including Prospective Employers) to the use of the Contents or any part thereof shall not in any way exonerate the users from the restrictions/prohibitions imposed hereunder in whatsoever manner.
Sherimiss.com reserves the right to monitor the Site and its contents at any time, but is not obliged to do so. Sherimiss.com takes no responsibility whatsoever for any material on the Site that is not posted by Sherimiss.com or is otherwise posted by Sherimiss.com on behalf of a user. All users acknowledge and agree that they are fully responsible for the form, content and accuracy of any resume, information, data, advertisement and/or material submitted by them to Sherimiss.com or that is otherwise posted by them on or through the Site. Sherimiss.com does not warrant that any resume, information, data or advertisement will be viewed by any specific number of users or that it will be viewed by any specific user or result in successful recruitment of personnel. Sherimiss.com shall not in any way be considered an agent of either Prospective Employer or Job Seeker with respect to any use of the Site. Sherimiss.com shall not be responsible in any way for any decision, for whatever reason, made by any party seeking or posting jobs on the Site, or of any party responding to or posting advertisements on the Site. WHILST SHERIMISS.COM HAS ENDEAVORED TO PROVIDE A QUALITY SERVICE TO PROSPECTIVE EMPLOYERS AND JOB SEEKERS, IT DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF USE OF THE SITE OR ITS CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BY ANY USER, SHERIMISS.COM SHALL NOT BE RESPONSIBLE FOR THOSE COSTS AND ANY LOSS OR DAMAGE OF WHATEVER NATURE. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SHERIMISS.COM DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT PREJUDICE TO THE FOREGOING, ANY WARRANTIES IN RESPECT OF MERCHANTABILITY, AVAILABILITY OF FEATURED PRODUCTS OR SERVICES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR OTHER QUALITIES OF THE SITE AND THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED THEREIN. USERS SHOULD INDEPENDENTLY ASSESS AND VERIFY THE ACCURACY, COMPLETENESS AND RELIABILITY OF THE INFORMATION ON THE SITE AND TO SEEK PROFESSIONAL ADVICE WHERE NECESSARY.
ALL USERS USE THE SITE AND ANY OTHER WEBSITES ACCESSED THROUGH IT, ENTIRELY AT THEIR OWN RISK. All users shall be responsible for their own communications and are responsible for the consequences of their activities on the Site. jobsDB Hong Kong does not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by other users or endorse any opinions expressed by users. Any reliance by users on any material posted by other users shall be at their own risk. jobsDB Hong Kong reserves the right to expel any users and prevent their further access to the Site at any time for breaching the Terms and Conditions or violating the laws and regulations and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate at jobsDB Hong Kong’s sole discretion without notice and/or consent whatsoever.
ALL USERS USE THE SITE AND ANY OTHER WEBSITES ACCESSED THROUGH IT, ENTIRELY AT THEIR OWN RISK. All users shall be responsible for their own communications and are responsible for the consequences of their activities on the Site. Sherimiss.com does not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by other users or endorse any opinions expressed by users. Any reliance by users on any material posted by other users shall be at their own risk. Sherimiss.com reserves the right to expel any users and prevent their further access to the Site at any time for breaching the Terms and Conditions or violating the laws and regulations and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate at Sherimiss.com’s sole discretion without notice and/or consent whatsoever.
All users agree to indemnify, and hold harmless Sherimiss.com and its associated companies, officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or relating to their use of the Site or its contents or their breach of the Terms and Conditions, to the fullest extent permitted by applicable law. This indemnification shall be in addition to all other obligations of users under the Terms and Conditions, and shall not prejudice any other rights or remedies available at law to Sherimiss.com.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHERIMISS.COM AND ITS ASSOCIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR DAMAGE OF ANY KIND SUFFERED BY ANY USERS WHATSOEVER DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO THEIR USE OF OR INABILITY TO USE THE SITE AND ITS CONTENTS, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN SUCH CONTENTS, OR ANY DELETION, INCORRECT OR DELAYED TRANSMISSION OR LOSS OF ANY CONTENTS OR MATERIALS UPLOADED OR TRANSMITTED THROUGH THE SITE.
User’s communication or business dealings with, or participation in promotions organized by, Prospective Employers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such Prospective Employer. Sherimiss.com shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such dealings or as a result of the presence of the Prospective Employers on the Site or as a result of the accuracy or truthfulness of any information or data posted by the Prospective Employers.
Notwithstanding Sherimiss.com uses its best endeavors to provide impartial job seeking and recruitment services, and represents a media supporting information exchanged between Prospective Employers and Job Seekers, Sherimiss.com will not be involved in dealings or disputes between Job Seeker and Prospective Employer and Sherimiss.com shall not be responsible or held liable for the quality, security and legitimacy of the recruitment service. Sherimiss.com does not warrant or guarantee the accuracy of the information and/or the resume provided by Job Seeker or of the recruitment advertisements provided by Prospective Employer. Sherimiss.com does not guarantee that Prospective Employer will be able to pay the relevant remuneration or that Job Seeker will be competent to take the job offered by the Prospective Employer. Should any dispute arise between Prospective Employer and Job Seeker, Prospective Employer and Job Seeker should resolve such disputes between themselves and Sherimiss.com shall not be responsible and held liable for any disputes thereof.
Without prejudice to the above and subject to the applicable laws, the aggregate liability of Sherimiss.com to any user for all claims arising from or relating to his/her use of Sherimiss.com’s services and the Site shall be limited to the fees received, if any, by Sherimiss.com in respect of the services giving rise to such claims.
In the event that any information provided by the user is inaccurate, in breach of any laws or contains indecent elements, Sherimiss.com shall instantly abrogate the user’s account and membership without notice and reserves the right to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against such user. Sherimiss.com reserves the right at any time to immediately terminate or suspend any user’s account or access to the Site without notice, where Sherimiss.com is of the opinion that the user has breached any of the Terms and Conditions or violated any law or regulation, and to take further action as Sherimiss.com in its sole discretion considers appropriate, desirable or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate. Sherimiss.com shall have the sole and absolute discretion to decide whether the user, Job Seeker or Prospective Employer has breached any of the Terms and Conditions, and such decision shall be final. In case Sherimiss.com has not exercised the right under this Clause, it shall not be deemed to be a waiver.
Sherimiss.com reserves the right at any time and from time to time to modify, change, suspend, discontinue or restrict: (a) users’ access to, either temporarily or permanently, the Site (or any part thereof); or (b) the whole or any portion of this Site (and the services provided therein), with or without notice. Sherimiss.com shall not be liable to users or to any third party for any such modification, change, suspension, discontinuation or restriction.
Sherimiss.com will use its reasonable endeavors to ensure that its officers, directors, employees, agents and/or contractors exercise their prudence and due diligence in handling the personal data submitted by Job Seeker and that access to and processing of the personal data by such persons is on a “need-to-know” and “need-to-use” basis. Sherimiss.com will use its reasonable endeavors to protect Job Seekers’ personal data against any unauthorized or accidental access, processing or erasure of the personal data.
The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Site shall be governed by and construed in accordance with the laws of the British Virgin Islands (“BVI”).
Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause:
In the event of any breach of the Terms and Conditions by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
Without prejudice to the provisions of these Terms and Conditions limiting or disclaiming liability, Sherimiss.com is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts and non-performance of third parties.
The Terms and Conditions shall constitute the entire agreement between user and Sherimiss.com relating to his/her/its use of the Site, and shall replace and supersede all other communications (be it written or oral), discussions, letters and contracts relating to the subject matters hereof.
The provisions of the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event that any provision or any part of a provision of the Terms and Conditions is determined to be or becomes illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions or remaining part of the provision of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision or part of a provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
Sherimiss has taken every reasonable steps to complied and will continue to comply with its obligations as a data processor arising from the data protection and privacy laws in force from time to time to the extent that those obligations are relevant to this Agreement. Further, we have taken steps to implement and shall maintain an information security program including reasonable administrative, technical and physical measures designed to secure and protect the confidentiality, integrity and availability of all Confidential Information while in such party’s possession against unauthorized, unlawful or accidental access, disclosure, transfer, destruction, loss or alteration. The term Confidential Information will not, however, include any information that identifies or directly relates to natural persons (“Personal Data”). Each party will exercise commercially reasonable efforts not to disclose any Personal Data to the other party and to restrict the other party’s access to its Personal Data, but if a party is given access to the other party’s Personal Data, the receiving party will protect such Personal Data using a reasonable standard of care.