Last Updated: Feb 2019
Welcome to KalimantanJobs. This is a legal document (“Agreement”) which is the agreement between you (we may also refer you as “your”, “End User” or the “Customer” in this document) and us.
Kalimantan Jobs is maintained and owned by Kossle Pte Ltd, (hereinafter referred to as “Kossle”, ” KalimantanJobs”, ” KalimantanJobs”, “we”, “our” and “us”) appreciates the value of information and respects your right to privacy. We may provide services offered by our Partner Merchants (hereinafter referred to as “Third party”, “Partners” or “Merchants”). The Services and Site are collectively referred to here as “Kossle”.
3. DESCRIPTION OF KOSSLE SERVICE
Kossle Pte Ltd. operates the Site – www.kalimantanjobs.com. KalimantanJobs is premier global online employment solution for people seeking jobs and the employers who need great people. We are a provider of a full array of job seeking, career management, recruitment and talent management products and services. At the heart of our success and our future is innovation: we are changing the way people think about work, and we’re helping them actively improve their lives and their workforce performance with new technology, tools and practices.
4. CONDITIONAL USE OF OUR SITE AND SERVICES
Your permission to use KalimantanJobs is conditioned upon your agreement that you:
- will provide accurate information (i.e. identification & contact information) when creating an account or registering for our Services;
- are solely responsible for your User ID, passwords and the activity that occurs while signed in to KalimantanJobs account;
- will not copy or distribute any part of KalimantanJobs in any medium without KalimantanJobs’ prior written authorization;
- will not use KalimantanJobs to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
- will not use the communication systems provided by or contacts made on KalimantanJobs for any commercial solicitation purposes;
- allow KalimantanJobs permission to send administrative, site updates and promotional e-mails to you.
- grant KalimantanJobs a royalty-free, perpetual, worldwide, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees on any communications, postings on or through KalimantanJobs.
To the fullest extent permitted by law, KalimantanJobs, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, exclude all conditions and warranties implied by custom, law or statute.
a. Geographic Disclaimer
b. Disclaimer of warranties:
i. The content and the services are provided “as is”, without any warranties of any kind, expressed or implied, including, without limitation, all implied warranties of Merchants ability, fitness for a particular purpose, title, and non-infringement, with regard to the content, the promotional offers, and any underlying products and/or services and all other information contained on and/or made available through this site.
ii. KalimantanJobs, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
iii. KalimantanJobs, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, do not guarantee the timeliness, validity, completeness or accuracy of the content. Although we may update the content on this site from time to time, please note that information contained herein may be out of date and/or may contain inaccuracies or typographical errors because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
iv. KalimantanJobs, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, do not warrant or make any representation that the information on the Website is appropriate to your particular situation or health care issues or the information is written, created, compiled or reviewed by medical experts.
v. To the extent permitted by law, including but not limited to any act or omission on the part of KalimantanJobs, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you:
1. which result from any use or access of, or any inability to use or access, the Website;
2. directly or indirectly in connection with an employee, staff or any person hired or employed via our KalimantanJobs.
vi. You expressly acknowledge that KalimantanJobs, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, do not exert control over users of the Internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.
vii. KalimantanJobs, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, will under no circumstances be liable for damages, including, without limitation, direct, indirect, incidental, punitive, or consequential damages arising out of the use or inability to use the Site, however caused and under any theory of liability.
6. WAIVER, RELEASE, LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
You agree that KalimantanJobs, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents, shall have no liability to you under any theory of liability or indemnity in connection with your use of the site. You hereby release and forever waive any and all claims you may have against the protected parties (including but not limited to claims based upon the negligence of any of the protected parties) for losses or damages you sustain in connection with your use of the site.
Notwithstanding the foregoing paragraph, the total liability of KalimantanJobs or third party, if any, for losses or damages shall not exceed the marketing fees collected by KalimantanJobs from the Merchant for that specific job advertising fee. In no event shall KalimantanJobs, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents be liable to you for any indirect, special, incidental, consequential or punitive arising from any use of this site or the content even if they have been advised of the possibility of such damages.
KalimantanJobs, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents will not be liable or have any responsibility of any kind for any losses, damage or destruction of data, including, without limitation, breach of contract by employee, dissatisfaction of a employee’s performance and/or services or losses you incur in the event of any failure or interruption of this site or our equipment, or resulting from the act or omission of any other party involved in making this site and/or KalimantanJobs services available to you or collecting the data contained therein, or from any other cause relating to your access to or your inability to access the site.
7. OWNERSHIP, COPYRIGHT AND TRADEMARKS
a. The content on the Website, including the Microsites, the software, design, text, logos, software code and graphics comprised in the Website and the selection and layout of the Website are the exclusive property of KalimantanJobs or by other parties that have licensed their material to KalimantanJobs. The Content is protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners and are protected by Singapore and International copyright laws. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this site or any of the microsites without the express written permission of KalimantanJobs is strictly prohibited.
b. You may view this Website and its contents using your web browser. In visiting the Website, you are able to download, print, and/or save copyrighted material for End User’s personal use only.
c. The Website does not grant you a licence or act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the site without the express written permission of the trademark owner. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
d. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by KalimantanJobs or expressly authorised in writing by KalimantanJobs.
e. The end user warrants that for any information or communication submitted to any public area of this Site or any Microsite, the owner of such material has expressly granted KalimantanJobs royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, edit, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User’s personal use.
8. INTELLECTUAL PROPERTY RIGHTS
a. All intellectual property rights (including all text, logos, software code, source code, videos, music, sound, copyright, graphics, patents, trademarks, service marks, trade names, designs) in the Website and Service shall remain our property (or that of our licensors); No rights, title or interest in any Content is transferred to you. KalimantanJobs reserves all rights and intellectual property in all content.
b. We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, or aware of any infringing material on the site, or know of someone who is making unauthorized use of the content of the Site, please notify KalimantanJobs of your concerns via info@KalimantanJobs.com.
c. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by KalimantanJobs or expressly authorised in writing by KalimantanJobs.
You agree to indemnify KalimantanJobs, its affiliates and any of their respective employees, officers, shareholders, contractors, agents, Merchants, third party or licensors, or any of their officers, directors, employees or agents against all losses, actions, claims, suits, liabilities, damages, costs, debt, and expenses (including attorney’s fees) arising from;
a. Your use of and access to KalimantanJobs;
b. Your employment of any person found through KalimantanJobs;
c. Your use of the Website or Service through your KalimantanJobs Account
d. Your violation of any term of these Terms of Service;
e. Your violation of any third party right, including without limitation any copyright, property, or privacy right or any claim that any Content submitted by you causes damage to a third party.
This defense and indemnification obligation will survive these Terms of Service and your use of KalimantanJobs.
10. TERMINATION AND SUSPENSION
12. PRICES, GOODS AND SERVICES
All prices displayed for the advertising, goods and services on the Website are subject to change without notice. Any goods and services tax payable under law will be indicated accordingly on the Website. For safer and faster payments, KalimantanJobs uses Paypal to process all payments.
KalimantanJobs shall have the right, but no obligation to monitor the content of the Site and any Microsites (whether generated by End User or by Third party) at all times; this includes any communication on chat rooms and forums that may hereinafter be included as part of the Site.
We may in our sole discretion, but without the obligation, choose to monitor such communications as part of an investigation of reported abuses or otherwise where we may deem appropriate. We reserve the right to block transmission of, and or remove any comments or information that you submit, at any time, for any reason, and without prior notice to you.
You agree that all comments, information or communication submitted to any public area of this Site, any Microsite, including chat rooms, forums and discussions are public and non-confidential; therefore such information is not subject to any confidentiality obligation. KalimantanJobs does not control or endorse the content, messages or information found in the public area of the Site, and, therefore, KalimantanJobs specifically disclaims any liability concerning the Communities and any actions resulting from End Users’ participation in any Community, including any objectionable content.
Other information, such as credit card information provided in connection with the purchase of a Job advertising, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase other than your credit card information, may be disclosed by us to KalimantanJobs’ Merchants for their commercial purposes.
15. APPLICABLE LAW AND JURISDICTION
B. TERMS OF SALE
Kossle provides customers with Job advertising services at extraordinary prices. By placing an order for the Job advertising through Kossle, you make an offer to procure our advertising service including the terms, restrictions and conditions associated with the advertising. You are encouraged to read through all information, including all fine terms set out in the webpage before purchasing. Should you have any queries, please email to Kalimantan Jobs at info@KalimantanJobs.com before making your purchase to clarify.
a. All payments are due upfront before any form of advertisements can be approved, activated and/or published. All Paid invoices shall be processed within 7 working days after proof of payment slip received.
b. The “Job Advertising Packages” are charged respectively as per stated in this form.
c. Each job posting is considered an advertisement where the job is advertised online at the chosen job site (SarawakJobs.com / SabahJobs.com / JobsBrunei.com / KalimantanJobs.com) for Thirty (30) days period.
d. Each Job posting should contain one position only; no combination of other positions will be allowed in a single job post.
e. A job advertisement is equivalent to a job credit used when posting a vacancy on a chosen job site. Should two or more job sites are chosen for the same vacancy, it shall be considered as two or more job advertisements where additional credits will be deducted respectively. (Meaning: 1 Job Credit is meant for 1 Job advertisement posted on 1 Job site; or 2 Job Credits for 1 Job advertisement posted on 2 Job sites; and so on).
f. The “Optional Add-ons” namely “Feature Job” is for 30 days; and “Boost Job” is for 5 days; “Resume Subscription” is per 24-hours subscription basis; and “Extra 30 Days” is for an additional 30 days on-top-of the existing job posting.
g. Payment must be first received before the “Job Advertising Packages” or “Optional Add-ons” can be activated for use and for the actual job ad(s) to be published online.
h. The “Optional Add-ons” consists of (i) Feature Job, (ii) Boost Job, (iii) Resume Subscription, and (iv) Extra 30 Days that are charged separately as per stated in this form. The fees for the “Job Advertising Packages” do not include the fees of the “Optional Add-ons”.
i. The number of credit(s) (also known as the number of “jobs posting”) purchased under the respective Jobs advertising package(s) must be consumed within the validity period stated. Strictly no extension is allowed. Unused credits or postings will be automatically forfeited.
j. By selecting “Malaysian Company” or “Non-Malaysian Company”, the advertiser understands that the fees for job advertisement is in the respective currency stated in each of the promotion packages that is either in Malaysian Ringgit or Singapore Dollars.
k. Every job advertisement is covered with successful hiring guarantee for a maximum three (3) months period from the actual date of the job being published or advertised; and given that the advertiser fulfills all advertising conditions not limited to job locations and essential information required for the particular job ad upon the proposed suggestions advised by consultants of Kossle; and we reserve the right to reject based on discriminating hiring practices or any conditions that do not align with our company policy.
l. Kossle may accept or reject your offer to promote a Job advertising.
m. Advertiser who purchased the “Promo D: Unlimited Job Package” is entitled to enjoy unlimited job posting for one selected job site only. Under “Promo D: Unlimited Job Package”, the advertiser will receive the full coverage of Successful Hiring Guarantee that is applied to every job advertisement without any questions asked; in which the advertiser can repost or extend the vacancy before the package validity expires.
o. All content of Job advertisements are subject to Kossle approval. Kossle reserves the right to cancel any advertisement at any time for any reason whatsoever.
p. Advertiser agrees that Kossle can use its name in all advertisements and campaigns (including but not limited to online media, email blast, print media, outdoor ads, radio, website ads, etc.) to promote the Advertiser’s job openings.
q. All promotional rates, fees or charges stated herein are valid for 7 days upon the receipt of the signed Sales Agreement Form; and are subject to change without prior notice.
r. Cancellation, termination, extension or refund will not be granted upon submission of this signed agreement.
s. You must be of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site or purchase any Job advertising service. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian above age 18 who agrees to this Agreement. No one at an underage of 13 years old may use the Site.
2. RETURNS AND REFUNDS
There will be no refunds for any purchased Job advertising service.
3. MERCHANTS TERMS
All Job advertising information are subject to the Merchants’ own write-ups and information provided. You agree that it is your responsibility to make your own enquiries about any Merchants specific Job advertising.
4. APPLICABLE LAW AND JURISDICTION
5. CONTACTING US