Terms and Conditions
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Terms and Conditions
Updated as of 1 Sept 2023
Lazybird
TERMS AND CONDITIONS OF WEBSITE USE
Introduction
Lazybird.com Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms and Conditions. User of this Website is defined as Job Seekers (aka Candidate or Talent) and Recruiter (aka Employer), whether they have registered to the Website or not are hereby collectively known as the “User(s)”. The Operator or Owner of the Lazybird.com Website is Lazybird, which is 100 percent owned by HotelsHR Limited, Lazybird and HotelsHR are collectively known as the “Operator” hereafter.
Intellectual Property Rights
Other than content User own, which User may have opted to include on this Website, under these Terms, the Operator own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. User are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
Restrictions
Users are expressly and emphatically restricted from all the following:
- publishing any Website material in any media
- selling, sublicensing and/or otherwise commercialising any Website material
- publicly performing and/or showing any Website material
- using this Website in any way that is, or may be, damaging to this Website
- using this Website in any way that impacts other user access to this Website
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website
- using this Website to engage in any unauthorised advertising or marketing by the owners/operators of the Website
Certain areas of this Website are restricted from access by User and the Operator may further restrict access by User to any areas of this Website, at any time, in its sole and absolute discretion. Any User ID and password User for this Website are confidential and User must maintain confidentiality of such information.
User Content
“User Content” shall mean any audio, video, text, images or other material inclusive CVs you choose to display or upload on this Website. User Content includes any materials submitted, provided, or uploaded on the Website including, resumes, personal data, job posts, articles, descriptions, comments, posts, feedbacks. With respect to User Content, by displaying it or uploading it, and subject to Personal Data Ordinance you grant a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it to any potential registered Recruiter User on this Website.
User Content must be your own and must not be infringing on any third party’s rights; contain inaccurate information; be illegal, decent, and non-discriminatory; you are solely responsible for the all the contents and materials you submitted to the Website. Apart from the use of the Website’s Subscription Service or within the parameters of the Website’s free service, no User content shall solicit goods and services without Operators direct consent. The Operator reserves the right to edit or remove any such content or any User Content at any time, and for any reason, without notice, the Operator will not be responsible for any loss or damage as a result thereof.
Users shall only respond to employment opportunity and apply for the job advertised on the Website. Any personal data submitted in User Content to the Website may be shared and stored by the Operator and any Recruiter Member (Employer) of the Website in accordance with this Website’s Privacy Policy. The Operator will not be responsible and or liable whatsoever for User’s personal data in any case relating to the Website’s recruiter member (Employer) use of, process of, and storage of the said Personal data other than for recruitment purposes. Users can set their own privacy level to determine accessibility to their Content by website Recruiter Members. Personal data provided by the User will be used strictly in accordance with the Operator Privacy Policy Statement which you can view at Policy Statement.
The Operator does not warrant or guarantee that other parties without the Operator’s consent will not, gain access to any of the Website databases. Job Seeker (Candidate) User acknowledges that the Employers, and other parties who have otherwise gained access to the Website database, may have retained a copy of the Candidate User’s resume or personal data in their own files or database. The Operator is not responsible for the retention, use or privacy of resumes in these instances, or for the use or privacy of resumes by any such parties while the resumes are in the Website database.
User may share the Website Job information to other third parties who may in the User’s opinion may find such information of interest for seeking employment in accordance with the Terms of Website usage.
All Users have the right, subject to identity and or password confirmation, to access and amend their data and privacy setting of their Personal Data kept by the Operator in accordance with the Privacy Ordinance.
Upon payment of any service or Subscription fee to the Operator, Employer will be entitled to use the Website in accordance with the Subscribed Service Terms.
Employer are entitled to access the Job Seekers’ (Candidate or Talent) database maintained by the Operator but agree that all information will only be used for the purpose of seeking potential employees and such information shall not be disclosed to any other parties without the prior consent of the Job Seeker concerned.
No Warranties
This Website is provided “as is,” with all faults, and the Operator makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you, any such content should be construed as reference material only.
Limitation of Liability
In no event shall the Operator, nor any of its officers, directors and employees, nor parent company be liable to User for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and the Operator, including its officers, directors, employees and parent company shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification
User hereby indemnify to the fullest extent the Operator from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable legal fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
The Operator is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Assignment
The Operator shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Operator and User in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the Hong Kong SAR, and you submit to the non-exclusive jurisdiction of the HKSAR’s government courts for the resolution of any disputes.