These Terms and Conditions of Use shall remain in full force and effect whenever and for so long as you use the Services. ESL Job Exchange reserves the right to amend these Terms and Conditions of Use at any time and may do so by posting an updated version to this web page. You should visit this page periodically to review the most current Terms and Conditions of Use as they are binding on you. Your continued use of the Services will constitute your understanding and acceptance of these Terms and Conditions of Use and any such changes in full. If you do not agree to any of these Terms and Conditions of Use including as may be amended from time to time, you should not use or otherwise access the Services. Except as otherwise agreed by ESL Job Exchange in writing, these Terms and Conditions are the only terms governing the provision of the Services offered by ESL Job Exchange.
1.1 You may only use the Services if you are at least eighteen (18) years of age and can form a binding contract with ESL Job Exchange. Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of these Terms and Conditions of Use. The Services and its features may be used only by employers seeking employees and/or individuals seeking employment. The Services are not available to any Users previously prohibited from the Services by ESL Job Exchange, unless ESL Job Exchange provides such Users with specific written authorization to re-use the Services. If you use the Services on behalf of a company, organization, institution or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of such entity with the authority to bind the entity to these Terms and Conditions of Use, and that you agree to these Terms and Conditions of Use on the entity’s behalf. You acknowledge and agree that you are not a competitor of ESL Job Exchange and that you will not use the Services for reasons that are in competition with ESL Job Exchange or otherwise to replicate some or all of the Services for any reason.
1.2 You expressly acknowledge that any Services provided by ESL Job Exchange to Users who are employers, organizations, institutions, companies or other entities are provided on a non-exclusive basis, and that ESL Job Exchange may provide services which are similar or identical to the Services to other parties, including, but not limited to competitors of User and/or other entities operating in the same or similar industries and/or jurisdictions as a User.
1.3 By using the Services, you acknowledge and agree that ESL Job Exchange does not have control over the quality, timing, or legality of the information uploaded or requested by Users. In addition, you acknowledge and agree that ESL Job Exchange does not have control over the integrity, responsibility or actions of employees, job seekers, prospective employees or prospective employers.
1.4 In order to use the Services, you must create an account with ESL Job Exchange (an “Account”). When creating an Account or uploading information through your Account, you represent and warrant that all information provided will be complete and accurate. Users are solely responsible for the activity that occurs on its Account. You are responsible for maintaining the confidentiality of your Account and password, as applicable. You may not share your password or other Account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your Account, whether or not authorized. You must notify ESL Job Exchange immediately of any breach of security or unauthorized use of your Account; provided, however, that ESL Job Exchange will not be liable for any losses caused by any unauthorized use of an Account.
2.1 All Users agree not to engage in any of the following activities pursuant to their use of the Services, all of which are prohibited by ESL Job Exchange:
(b) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any website operated by ESL Job Exchange;
(c) use any data mining, robots or similar data gathering or extraction methods;
(d) violate or attempt to violate the security of any ESL Job Exchange website including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(e) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(f) reverse engineer or decompile any parts of any ESL Job Exchange website;
(g) aggregate, copy or duplicate in any manner any of the information available from any ESL Job Exchange website, including expired job postings;
(h) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms and Conditions of Use, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
(i) access data not intended for User or logging into a server or account which User is not authorized to access;
(j) post or submit any incomplete, false or inaccurate information or information which does not belong to User;
(k) post content that contains restricted or password-only access pages, or hidden pages or images;
(l) delete or alter any material posted by any other person or entity;
(m) harass, incite harassment or advocate harassment of any group, company, or individual;
(n) attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any ESL Job Exchange website or through the use of the Services, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or
(o) promote or endorse an illegal or unauthorized copy of another person’s copyrighted work.
3.1 In addition to refraining from the activities set forth in Section 2, with respect to its posting of jobs using the Services, all employers agree to the following additional terms and conditions, and ESL Job Exchange reserves the right to delete or otherwise remove any job posting or User content which does not comply herewith or is otherwise not in the best interests of ESL Job Exchange:
(a) Employers are solely responsible for the job postings they list using the Services. ESL Job Exchange should not be construed, considered or deemed to be an employer in respect of your posting of available jobs using the Services and ESL Job Exchange will not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs pursuant to its use of the Services.
(b) Employers agree that no job posting may contain any of the following:
(i) hyperlinks, unless specifically agreed to or authorized by ESL Job Exchange;
(ii) names, logos, trademarks or other references to other parties that are unrelated to or unaffiliated with the job posting and/or the employer, including companies, organizations, educational institutions, cities or other municipalities, states, provinces and countries; (iii) more than one job or job description, more than one location, or more than one job category, unless specifically agreed to or authorized by ESL Job Exchange;
(iv) inaccurate, false or misleading information of any kind; or
(v) material or links to material that exploit people in any manner (including sexually, violently or with respect to the provision of labour) or solicits information from individuals under the age of 18;
(c) Employers also agree that the Services shall not be used:
(i) to post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(ii) to post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with applicable law, regulations, executive order, or federal, provincial, state or local government contracts;
(iii) to post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
(iv) to post jobs or other advertisements for competitors of ESL Job Exchange or post jobs or other content that contains links to any site competitive with ESL Job Exchange;
(v) to sell, promote or advertise products or services;
(vi) to endorse or promote a particular religion, political party, political agenda, political position or issue; or
(vii) for any unlawful purpose or any illegal activity, or post or submit any content or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined in the discretion of ESL Job Exchange.
(d) Employers further agree, in respect of the hiring of individuals in respect of any job posting made pursuant to its use of the Services, to:
(i) provide a safe working environment for all hired employees in accordance with the laws of the User’s jurisdiction;
(ii) ensure that hired employees have the resources necessary to carry out the duties required of their employment, including but not limited to the provision of adequate support (including, but not limited to, assistance with establishing bank accounts) and the provision of such other services and support that may reasonably be required by employees in the fulfillment of their obligations to the User;
(iii) if housing is provided for pursuant to any contract entered into between User and an employee, User shall provide or arrange safe and adequate accommodations and the necessary amenities to the employee;
(iv) provide all hired employees, at the User’s expense, with legal work permits or visas, as required;
(v) register all hired employees with the local immigration office, trade bureau or employment office, as may be applicable and/or required by local or applicable law, in a timely manner and at the User’s expense;
(vi) comply with all applicable and local laws, including employment standards and labour relations laws (including, where applicable, contributions to public pension funds, health care contributions, paid vacation days, paid sick days and income and other applicable taxes), human rights, tax and health and safety legislation;
(vii) provide or make available or cause to be provided or made available to ESL Job Exchange all information, documents, materials and other information, which are reasonably required by ESL Job Exchange in order to assess the User, the positions posted using the Services and to otherwise provide the Services, including, but not limited to: lists and descriptions of positions, details regarding working conditions, copies of any contract that prospective employees will be required to enter with User and a job description and full contact information for the individual(s) acting on behalf of User in interviewing and hiring prospective employees; and
(viii) promptly notify ESL Job Exchange in writing of any material changes, actual, contemplated or threatened, in the positions posted, the requirements of employees and with respect to the working conditions, and any other matter which may reasonably affect a prospective employee, whether or not yet hired by User.
4.1 By making any content (including job postings) available through your use of the Services, you hereby grant the following license to ESL Job Exchange, which ESL Job Exchange may exercise solely in connection with its provision of the Services, directly or directly: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such content. ESL Job Exchange does not claim any ownership rights in any User’s content and nothing in these Terms and Conditions of Use will be deemed to restrict any rights that you may have to use and exploit any of your own content.
4.2 You acknowledge and agree that you are solely responsible for all content that you make available pursuant to your use of the Services. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all content that you make available pursuant to your use of the services or you have all rights, licenses, consents and releases that are necessary to grant to ESL Job Exchange and to the rights in such content, as contemplated under these Terms and Conditions of Use; and (ii) neither your content nor your posting, uploading, publication, submission or transmittal of such content, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation and you agree to indemnify and hold ESL Job Exchange harmless for any such claims of third parties.
5.1 The Services may be provided to you for a fee or other charge as may be set forth in any sales order in respect of such aspects between you and ESL Job Exchange. Where you commit to use such paid features of the Services, you agree to the pricing and payment terms for the applicable Service, as we may update them from time to time.
6.1 You acknowledge and agree that the ESL Job Exchange website used to provide the Services may contain links to third-party websites or resources. You acknowledge and agree that ESL Job Exchange is not responsible or liable for: (i) the availability or accuracy of such websites or resources to Users or otherwise; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ESL Job Exchange of such websites or resources or the content, products, or services available from such websites or resources.
8.1 ESL Job Exchange performs the Services as an independent contractor and nothing shall constitute or be deemed to create a partnership, joint venture or principal and agent relationship between ESL Job Exchange and a User and neither Users nor ESL Job Exchange will have any authority to bind the other. These Terms and Conditions of Use will not impose upon either party any obligations for any losses, debts or other obligations incurred by the other party except as may be expressly set forth herein.
9.1 You acknowledge and agree that ESL Job Exchange does not screen or censor job postings posted by employers pursuant to their use of the Services and that, unless otherwise agreed to between a User and ESL Job Exchange by a separate Agreement for recruitment services, ESL Job Exchange is not involved in, and does not control any interaction between employers and individual job candidates. ESL Job Exchange is not responsible for any content posted by Users, the quality, safety or legality of the jobs posted, the truth or accuracy of job postings, the ability of employers to offer job opportunities to individual candidates or the ability of individual candidates to fill job openings and ESL Job Exchange makes no representations or warranties in respect of any job or content posted by any User pursuant to its use of the Services. ESL Job Exchange reserves the right in its sole discretion to remove content posted by Users, including job postings, from time to time, however, ESL Job Exchange does not assume any obligation to do so and to the extent permitted by applicable law, ESL Job Exchange disclaims any liability for failing to take any such action.
9.2 To the fullest extent permitted by applicable law, ESL Job Exchange does not warrant that any ESL Job Exchange site or the Services will operate error-free or that any ESL Job Exchange site or servers are free of computer viruses or other harmful mechanisms. If your use of any ESL Job Exchange site or the Services results in the need for servicing or replacing equipment or data or any other costs, ESL Job Exchange is not responsible for those costs. All ESL Job Exchange sites and, more specifically, the Services, are provided on an “as is” basis without any warranties of any kind. ESL Job Exchange, to the fullest extent permitted by applicable law, disclaims all warranties, express or implied, including the warranties of merchantability, fitness for particular purpose and non-infringement. ESL Job Exchange makes no warranties about the accuracy, reliability, completeness, or timeliness of its sites, the Services, or the content thereof, including software, text, graphics, and links.
9.3 You acknowledge and agree that: (a) ESL Job Exchange does not operate or control the internet and that (i) viruses, worms, trojan horses, and other undesirable data or software, or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to and damage your data, websites, computers, or networks or those of the users; (b) ESL Job Exchange will not be responsible for any of the foregoing activities; (c) you are solely responsible for the security and integrity of your data and systems; and (d) no advice or information, whether oral or written, obtained from ESL Job Exchange or through its provision of the Services will create any warranty not expressly made herein.
9.4 ESL Job Exchange cannot and does not confirm that each User is who they claim to be and because we do not and cannot be involved in User-to-User dealings or control the behavior of Users, in the event that you have a dispute with one or more Users, to the fullest extent permitted by applicable law, you release ESL Job Exchange and its affiliates and their respective directors, officers, agents and employees from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
9.5 To the fullest extent permitted by applicable law, in no event shall ESL Job Exchange, its officers, directors, agents, contractors or any third parties mentioned on any ESL Job Exchange site or pursuant to the provision of the Services be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity or business interruption) resulting from the use or inability to use any ESL Job Exchange site and/or the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not ESL Job Exchange is advised of the possibility of such damages.
9.6 To the fullest extent permitted by applicable law, the maximum liability of ESL Job Exchange arising out of or in connection with any ESL Job Exchange site or your use of the Services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed $100.
9.7 Each User who is an employer acknowledges and agrees that ESL Job Exchange is not responsible in law or otherwise for any individual job candidate or for any of the conduct, actions or failure to act of any job candidate, and ESL Job Exchange shall in no way be responsible for any claim by a User relating to or arising from the employment, conduct, actions or failure to act of any individual, including if such circumstances relate to the mental stability, suitability, character, experience, education background, criminal background, employment history, work status, qualifications, personal circumstances or personality traits of such individual.
9.8 You agree to defend, indemnify, and hold harmless ESL Job Exchange, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: (i) any content or other material you post pursuant to your use of the Services (including job postings); (ii) your use of the Services; or (iii) your breach of these Terms and Conditions of Use.
10.1 If any dispute arises between the parties relating to the construction or application of the Agreement or the rights, duties or obligations of either party to the Agreement (a “Dispute”), the Parties shall act in good faith an effort to resolve the Dispute. To this end, they shall consult and negotiate with each other, in good faith and understanding of their mutual interests, to reach a just and equitable solution satisfactory to the parties
10.2 Whether or not consultation or negotiation contemplated by Section 10.1 has taken place, prior to the initiation of arbitration in respect of a Dispute pursuant to Section 10.3, the initiating party shall give written notice to the other party that it wishes to have a Dispute resolved. Such initial notice must generally describe the nature of the Dispute in sufficient detail to identify the issues and conflicting positions. Within fifteen (15) business days of giving such initial notice, a senior level employee designated by ESL Job Exchange with authority to settle the Dispute shall meet (which meeting may be held by teleconference or other electronic means) with a senior level employee designated by the Client with authority to settle the Dispute, and such persons shall act in good faith and endeavor to reach a mutually satisfactory resolution to the Dispute, and, if resolved, the such resolution shall be put in writing and shall be binding on the parties upon the execution of such written resolution.
10.3 If a Dispute is not resolved by the procedures in forth in Sections 10.1 and 10.2, then either party may initiate private arbitration proceedings. Such arbitration will be conducted by a single arbitrator who will be appointed by agreement between the parties or, if the parties cannot agree on an arbitrator within thirty (30) days, such arbitrator will be appointed by a judge of the Supreme Court of Thailand, upon the application of either party to such court and such judge may act as such arbitrator, if he or she so desires. Unless otherwise agreed to by the parties, the arbitration shall be held in the City of Bangkok, Thailand. The procedure to be followed shall be agreed to by the parties or, if no such agreement is reached, determined by the arbitrator. The decision arrived at by the arbitrator will be final and binding on the parties and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
11.1 Any notice or other document required or permitted to be given hereunder to any of the Parties must be in writing mailed by registered mail, courier or transmitted by fax or by email to the parties at their respective addresses first set forth in the Agreement, or at such other address as the party to whom such notice is to be given may have designated. Any notice which is mailed will be deemed to have been given on the fifth (5th) business day following the date of the mailing, or if delivered or transmitted by courier, fax or email, on the date of actual delivery or transmission (or if such a day is not a business day, on the next business day).
12.1 You may not assign or transfer these Terms and Conditions of Use, by operation of law or otherwise, without the prior written consent of ESL Job Exchange, which consent may be delayed or withheld by ESL Job Exchange in its sole discretion. Any attempt by you to assign or transfer these Terms and Conditions of Use, without such consent, will be null and of no effect. ESL Job Exchange may assign or transfer these Terms and Conditions of Use, in its sole discretion, without restriction.
13.1 ESL Job Exchange reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your content from any ESL Job Exchange website and immediate termination of your Account or your ability to access the Services, upon any breach by you of these Terms and Conditions of Use or if ESL Job Exchange is unable to verify or authenticate any information you submit to ESL Job Exchange or who engage in the unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works of third parties or who otherwise infringe upon the intellectual property rights of any third parties.
13.2 Continuing Obligations. Notwithstanding the termination of a User’s Account for its violation of these Terms and Conditions or Use or otherwise, such action shall not relieve the parties of any obligations that, by their nature, survive such termination, including any claims pertaining to warranties, indemnities, and obligations with respect to confidential information or Personal Information
14.1 These Terms and Conditions of Use and any action related thereto will be governed by the laws of the Kingdom of Thailand. The exclusive jurisdiction and venue of any action, including those to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the courts of the Kingdom of Thailand, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
15.1 All trademarks, service marks, logos, trade names and any other proprietary designations of ESL Job Exchange used in respect of its websites or the provision of the Services are trademarks or registered trademarks of ESL Job Exchange and may not be used or reproduced by any User without the express written consent of ESL Job Exchange. Any other trademarks, service marks, logos, trade names and any other proprietary designations used in respect of its websites or the provision of the Services are the trademarks or registered trademarks of their respective parties.
16.1 The failure of ESL Job Exchange to enforce any right or provision of these Terms and Conditions of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ESL Job Exchange. Except as expressly set forth in these Terms and Conditions of Use, the exercise by either party of any of its remedies under these Terms and Conditions of Use will be without prejudice to its other remedies under these Terms and Conditions of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions of Use will remain in full force and effect. These Terms and Conditions of Use shall be binding on the parties hereto, their respective legal representatives, successors and permitted assigns.
Updated September 10, 2019