You agree that by clicking “Sign Up” or similar tools for registering, accessing or using our services, you are agreeing to enter into a legally binding contract with Prospektus Inc. – owner, developer, and service provider of JobOpps – regardless if you are using our Services on behalf of a company. If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign Up” (or similar tools) and do not access or otherwise use any of our Services.Services
If you wish to terminate this contract at any time, you can do so by closing your account and no longer accessing or using our Services. (Please refer to 5. Termination of this Contract.)
This Contract applies to JobOpps.com, JobOpps branded apps, communications and other services which state that they are offered under this Contract (“Services”), including but not limited to the offsite collection of data for those Services, such as our ads. Registered users of our Services are “Users” and unregistered users are “Visitors”. This Contract applies to both Users and Visitors.
Visitors and Members
When you register and join the JobOpps Service or become a registered user on JobOpps- branded apps, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
The Services are not for use by anyone under the age of 18.
To use the Services, you agree that: (1) you must be of “Minimum Age” (described below) or older; (2) you will only have one JobOpps account (if applicable), which must be in your real name; and (3) you have not been restricted by JobOpps from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
“Minimum Age” means 18 years old. However, if law requires that you must be older in order for JobOpps to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
Users are account holders. As Users, you agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law and our list of Dos and Don’ts. You are deemed responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- We may store and continue billing your payment method (e.g. credit card) even after it has expired to avoid interruptions in your Services and to pay other Services you may have bought during your subscription or thereafter.
- If you purchase a subscription, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable within that period. To avoid future charges, cancel before the renewal date.
- All of your purchases of Services are subject to JobOpps refund policy.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
You can get a copy of your invoice through your user account settings under “Purchase History”.
Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
Our Services allow messaging and sharing of information in many ways, such as your profile, links to news articles, job postings, events, webinars and blogs. Information and content that you share or post may be seen by other Users, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see your content or information (e.g. message content to your addressees, sharing content only to JobOpps connections, restricting your profile visibility from search engines, or opting not to notify others of your JobOpps profile update). For job searching activities, settings shall be fixed in default and no notification shall be sent to your network connections or to the public. Thus, if you apply for a job through our Service or opt to signal that you are interested in a particular job, our default is to share it only with the job poster.
We are not obligated to publish any information or content on our Service. Likewise, it is within our sole discretion to remove or delete the same, with or without notice.
- Service Eligibility
Rights and Limits
Your License to JobOpps
As between you and JobOpps, you own the content and information that you submit or post to the Services, and you are only granting JobOpps and our affiliates the following non- exclusive license:
You are hereby granted a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, to the extent allowed by law, any information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. However, these rights are limited in the following ways:
1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
3. We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as "public", we will enable a feature that allows other Users to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services.
4. While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
5. Because you own your content and information and we only have non- exclusive rights to it, you may choose to make it available to others.
By submitting suggestions or other feedback regarding our Services to JobOpps, you agree that JobOpps can use and share (optional) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law or anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. If required by law, JobOpps will remove certain information or contents have been already published.
We may change or discontinue any of our Services at any time without prior notice.
Other Content, Sites and Apps
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. JobOpps generally does not review content provided by our users or others. You agree that we are not responsible for others’ (including other users’) content or information. As far as practicable, we assure you that we will prevent any abuse and/or misuse of our Services. However, in the event that you encounter any such abuse and/or misuse, you hereby agree to that we are not to be held responsible for the same.
You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization supposing you or your organization was mentioned in the news or any other form of media publication.
JobOpps reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Users. JobOpps reserves the right to restrict, suspend, or terminate your account if JobOpps believes that you have breached any of the provisions of this Contract, misused the Services, or committed any act with respect to this Contract which is deemed punishable under the law.
Intellectual Property Rights
JobOpps reserves all of its intellectual property rights in the Services. Use of any of our Services does not give you any ownership of the same or of the contents and/or information made available through us. Further, trademarks and logos used in connection thereto are deemed properties of their respective owners.
We will, to the extent allowed by applicable law, use the information and data that you provide and that we have about Users to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.
- Your License to JobOpps
Disclaimer and Limit of Liability
TO THE EXTENT ALLOWED UNDER LAW, JOBOPPS AND ITS AFFILIATES (AND THOSE THAT JOBOPPS WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS JOBOPPS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), JOBOPPS AND ITS AFFILIATES (AND THOSE THAT JOBOPPS WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF JOBOPPS AND ITS AFFILIATES (AND THOSE THAT JOBOPPS WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND JOBOPPS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND REGARDLESS IF JOBOPPS OR ITS AFFILIATES HAS BEEN DULY NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU, DEPENDING ON THE PREVAILING LAWS OF YOUR JURISDICTION AND SUBJECT TO THE RULES ON CONFLICT OF LAWS.
- No Warranty
Both you and JobOpps may terminate this Contract at any time provided prior notice is communicated to the other. Provided further that the ground for termination is not due to any of the reasons enumerated in 3.4 Limits of this Contract wherein the requirement of prior notice is dispensed with. Once terminated, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Users and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
- Sections 4, 6, 7, and 8.2 of this Contract;
- Any amounts owed by either party prior to termination shall remain due and demandable.
Governing Law and Dispute Resolution
Republic Act No. 10173 otherwise known as the “Data Privacy Act of 2012” applies to the processing of all types of personal information and to any natural and juridical person involved in personal information processing including those personal information controllers and processors who, although not found or established in the Philippines, use equipment that are located in the Philippines, or those who maintain an office, branch or agency in the Philippines subject certain limitations.
Rules of Procedure of the National Privacy Commission provides for alternative modes of dispute resolution concerning issues and complaints arising from any violation of the abovementioned Act. Sections 25-27, Rule V. of the Rules state, to wit :
SECTION 25. Alternative modes of dispute resolution. – The Commission shall facilitate or enable settlement through the use of alternative dispute resolution processes, provided that if the allegations are of a serious nature, taking into account the risks of harm to a data subject, the Commission may immediately conduct an investigation on its own initiative.
SECTION 26. Mediation officer. – The Commission shall assign a mediation officer to assist the complainant and respondent to reach a settlement agreement provided that no settlement is allowed for criminal acts. The mediation officer shall identify the issues for resolution and mediate in order for the parties to reach an amicable settlement. In case the parties reach an amicable settlement, the mediation officer shall issue a resolution on the agreement between parties.
SECTION 27. Failure to reach settlement. – In case the parties are unable to reach an amicable settlement, the procedure for the resolution of complaints shall be followed.
Generally, the prevailing laws of the Philippines shall apply upon signing up to our Services, during subscription and until post-termination unless there is a valid, legal and justifiable reason to deviate from the same. Reference and application to foreign laws may be warranted depending on the governing laws of the host country and subject to the Rules on Conflict of Laws.
If a court clothed with authority and jurisdiction over this Contract finds any part of it unenforceable, both parties shall agree to seek judicial intervention for the reformation, amendment, correction or ratification, whichever is deemed best to resolve the defect, of the terms to make that part enforceable while still achieving its intent. Should the court fail to do so, both parties shall agree the repeal of that unenforceable part and still enforce the rest of this Contract.
If, for any reason, any part or provision of this Contract is declared invalid, illegal or unconstitutional, any part or provision not affected thereby shall remain in full force and effect.
To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements executed and entered in connection thereto.
Belated or lack of action in the enforcement of our remedies in case of a breach of this Contract shall not be considered as waiver of JobOpps of its rights. Assignment or transfer of rights and interests under this Contract, including but not limited to your membership or use of Services, shall be considered void unless our prior written consent has been secured. However, you agree that JobOpps may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract. You agree that the only way to provide us legal notice is at the addresses provided in Section
“Dos and Don’ts”
You agree that you will:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate and updated information at all times;
3. Use your real name on your profile; and
4. Use the Services in a professional manner.
You agree that you will not:
1. Create a false identity on JobOpps, misrepresent your identity, create a user profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
2. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
3. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of JobOpps;
5. Disclose information that you do not have the consent to disclose (such as confidential information of others);
6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
7. Violate the intellectual property or other rights of JobOpps, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “JobOpps” or our logos in any business name, email, or URL; 8. Post anything that contains software viruses, worms, or any other harmful code and the like;
9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
10. Imply or state that you are affiliated with or endorsed by JobOpps without our express consent;
11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without JobOpps consent;
12. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without JobOpps consent;
13. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
14. Monitor the Services’ availability, performance or functionality for any competitive purpose;
15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
16. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
17. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or 18. Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by users be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our users.
How To Contact Us
If you want to send us notices or service of process, please contact us at jobopps.com.ph