1 Binding Agreement
1.1 You may use the Proworx subject to these Terms, which form a binding agreement between you and Proworx. By accessing or using the Proworx Website you agree to accept and/or to be bound by these Terms. You agree to use the Proworx at your own risk.
1.2 In the case of any conflict between these Terms and any contract you have with Proworx, these Terms will take precedent.
1.3 We may update and/or amend these Terms from time to time. Any changes will be notified to you via a suitable announcement on Proworx website.
If you do not wish to accept the new Terms you should not continue to use the Proworx website. If you continue to use the Proworx Website after the date on which the change comes into effect, you are deemed to have accepted the updated and/or amended Terms.
“Advertiser” means a person or entity that is contracting to post advertisements on any of the Proworx website. “Design” includes the colour combinations and the page layout of the Proworx website.
“Employer”, “Employers” or “Recruiters” means a person or entity that is accessing the Proworx website to post a job or utilizing the Proworx website for any reason related to the purpose of seeking candidates for employment. “Employer/Recruiter Materials” includes any brochures, emails, job postings, website content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by an Employer/Recruiter, if any, for use in connection with the Proworx website.
“Graphics” includes all logos, button icons, and other graphical elements on the Proworx website, with the exception of paid advertising banners.
“Candidate” or “Candidates” means a User who is accessing the Proworx website to search for a job or in any other capacity except as an Employer/Recruiter. “Company Profiles” means profile created by Employers/Recruiters.
“Proworx ” means Proworx website or the company operating the Proworx website for the country in which you live or in which business is headquartered. “Proworx website” includes all Text, Graphics, Design, Programming, information, images, video, audio files, software, and other contents used on the Proworx website.
“Proworx website” or “Proworx website” includes all job advertisements posted on Proworx website and/or all candidates and/or employers’/recruiters’ information registered with Proworx website.
“Proworx website” or “ Profiles” means the profile created by Candidates that may include personal information, resume, photo, and other job-related information. “Proworx website Resume Database” or “Resume Database” means the candidates' Proworx website Profiles and resume created and/or uploaded into Proworx website.
“Proworx website Services” means any services provided by Proworx website or its agents including:
i. the provision of jobsite, including posting and searching for employment opportunities, and creating Proworx website Profiles and Company Profiles which may include personal information;
ii. provision of resume search access;
iii. matching of job specifications with potential candidates via the Proworx website Profiles and advising Users and/or Candidates of the positions available;
iv. providing Employers/Recruiters with access to User recruitment management system by registering a User Account with Proworx website;
v. providing Advertisers and/or Employers/Recruiters with other ancillary talent sourcing and advertising services including banners, electronic direct mail system, design and posting support services; and
vi. providing Advertisers and/or Employers/Recruiters services to advertise on Proworx website.
“Proworx website”means any website and application under Proworx website control “Profiles” means individual profiles created by Users and/or Candidates or company profiles created by Employers/Recruiters.
“Text” includes all text on every page of the Proworx website, whether editorial, navigational, or instructional.
“User” refers to any individual or entity that uses any aspect of the Proworx website and/or Proworx website Services. “User Account” means the account authenticated by username and password, to access the User recruitment management system.
“User Account Holder” refers to any User who has paid and/or registered for a User Account with Proworx website and/or has access to Proworx website Resume Database for the sole purpose of seeking candidates for employment.
“User Content” means all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by Users on or through Proworx website. “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms.
3.1 To register on the Proworx website you must be 18 years of age or above.
3.2 You must ensure that the details provided by you on registration or at any time are correct and complete.
3.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
4 Password and security
4.1 When you register to use the Proworx website you will be asked to create a password. In order to prevent fraud, please keep this password confidential; do not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us immediately.
4.2 If Proworx website has reason to believe that there is likely to be a breach of security or misuse of the Proworx website, we may require you to change your password or we may suspend your account.
4.3 As a result of your loss of your Password or the misuse of the Proworx website: i. all losses or damage incurred thereby shall be borne by you; and ii. you shall fully indemnify Proworx should Proworx suffer any loss or damage.
5 Intellectual Property
5.1 Proworx website, Proworx website Content, and all right, title, and interest in and to the Proworx website and Proworx website Content are the exclusive property of the Proworx website or its licensors.
5.2 Proworx website and Proworx website Content are protected by copyright, trademark, database right, and other intellectual property rights.
5.3 You may retrieve, display, store and/or print the Proworx Content or the Proworx website only for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or Proworx website Content on the Proworx website without prior written permission from Proworx.
6 Availability of the Proworx website
6.1 Although we aim to offer you the best service possible, we cannot guarantee that the Proworx website will be fault-free, error-free, or that the Proworx website and servers are free of viruses or other harmful mechanisms. If a fault occurs with the Proworx website you should report it to us and we will attempt to correct the fault as soon as we can.
6.2 Your access to the Proworx website may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities, or services. We will attempt to restore access and/or service as soon as we reasonably can.
7 Your use of the Proworx website
7.1 Proworx hereby grants you a limited, terminable, non-exclusive right to access and use the Proworx website only for your personal use and/or employment purposes.
7.2 You may not use the Proworx website for any of the following purposes:
i. disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; ii. iii. aggregating, copying or duplicating in any manner any of the Proworx Content or information available from any Proworx website, including expired job postings; iv. reproducing any of the Proworx website Content for general use; iv. transmitting material that constitutes a criminal offence, or that breaches any applicable laws, regulations or code of practice; v. interfering with any other person’s use or enjoyment of the Proworx website; or vi. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
7.3 You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of anyProworx website.
8 Your use of the Proworx website Services
8.1 The Proworx website Services may be used only by i. individuals seeking employment, and career and career-related information, such as education and voluntary services; ii. Employers/Recruiters or their agents seeking candidates for employment purposes; and iii. Advertisers.
8.2 Your use of the Proworx website Services is also subject to any other contracts you may have with Proworx . In the case of any conflict between these Terms and any contract you have with Proworx, these Terms will prevail.
8.4 Violations of network security may result in civil and/or criminal liability. Proworx will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
9 Additional Terms applicable to Employers/Recruiters
9.1 Proworx hereby grants you a limited, terminable, non-exclusive right to access and use Proworx website and Proworx website Services for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of Proworx website or materials on Proworx website solely for your use directly related to searching for and recruiting Candidates.
9.2 You are responsible for maintaining the confidentiality of your Employer/Recruiter account, Company Profiles, and passwords, as applicable.
9.3 You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be strictly liable and/or responsible for all uses of your Proworx website registrations and passwords, whether or not authorized by you.
9.4 You agree to immediately notify Proworx of any unauthorized use of your employer account, Company Profiles or passwords.
9.5 Employer/Recruiter represents, warrants and covenants that any Employer/Recruiter Materials provided by Employer/Recruiter for use in connection with Proworx website Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights or publicity or privacy, and defamation laws.
9.6 Employers/Recruiters are solely responsible for the Employer/Recruiter Materials on Proworx website. Proworx is not considered to be an employer with respect to your use of any Proworx website and Proworx shall not be responsible for any employment decisions, for whatever reasons, made by any entity posting jobs on any Proworx website.
9.7 Employer/Recruiter Materials may not contain: - i. misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented; ii. names, logos, or trademarks of unaffiliated companies; iii. inaccurate, false, or misleading information; and iv. material or links to material that is discriminatory, sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful, or solicits personal information from anyone under 18 years of age.
9.8 You may not use your Employer/Recruiter Materials to: - i. post jobs in a manner that does not comply with applicable local, national laws, including but not limited to laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access, and use, and intellectual property; ii. sell, promote, or advertise products or services; iii. post any franchise, pyramid scheme, distributorship, or multi-level marketing opportunity; iv. advertise home-based and/or internet-based employment. (e.g. work at home jobs, part-time jobs, freelance typist or job/business offers with similar operating mechanism); v. promote any opportunity that does not represent bona fide employment; and vi. advertise sexual services or seek employees for jobs of a sexual nature.
9.9 Proworx does not permit any Employer/Recruiter Materials on Proworx website that requests Candidates to pay deposits, placement fees, processing fees, or any other similar fees, directly or indirectly, and/or require Candidates to make purchases.
9.10 Proworx does not allow job advertisements that advertise more than 1 job position in each job posting.
9.11 Proworx is under no obligation to monitor the Employer/Recruiter Materials on Proworx website, but Proworx may monitor the Employer/Recruiter Materials at random.
9.12 Proworx reserves the right to remove any Employer/Recruiter Materials or content from any Proworx website, which in the reasonable exercise of Proworx’s discretion, does not comply with this Section, or if any content is posted that Proworx believes is not in the best interest of Proworx.
9.13 Reposting of the same position is allowed 14 days after the job posting date to minimize resending to same users in a short time period and duplication of job advertisements on the Proworx website.
9.14 If any time during your use of the Proworx website Services, you made a misrepresentation of fact to Proworx website or otherwise misled Proworx website in regards to the nature of your business activities or breach any of the Terms herein, Proworx may terminate your use of the Proworx website Services and in such event, any payment made by you shall be forfeited.
9.15 You understand and acknowledge that if you cancel your Employer/Recruiter account or your Employer/Recruiter account is terminated, all your account information from Proworx website, including saved Proworx website Profiles and resumes, network contacts, and email mailing lists, will be deleted from Proworx website Databases.
10 Additional Terms applicable to User Account Holder
10.1 If you are registering for and/or paying for a User Account to, among others, access the Proworx Resume Database, this Section applies to you.
10.2 You must be 18 years of age or above.
10.3 You shall use the Proworx Resume Database as provided in these Terms, in any contract you have with Proworx website, and in compliance with all laws including laws governing personal data.
10.4 Proworx grants you a limited, personal, terminable, non-transferable, non-exclusive right to access Proworx Resume Database via Proworx website for the purpose of viewing and/or downloading a single copy of available Proworx website Profiles and resumes solely for your use subject to the provisions of these Terms
10.5 Proworx website Resume Database is to be accessed and used solely by you. You will be provided with a unique password that will permit you to access the Resume Database.
10.6 You shall not share your User Account with any other party.
10.7 You agree that you shall not disclose any of the data from Proworx Resume Database to any third party, unless you are an authorized recruitment agency, or staffing agency or using Proworx Profiles and resume explicitly for employment purposes.
10.8 You shall take appropriate physical, technical, and administrative measures to protect the data you have obtained from Proworx Resume Database from loss, misuse, unauthorized access, disclosure alteration or destruction.
10.9 The Proworx Resume Database shall not be used: - i. for any purpose other than as an employer/recruiter and/or on behalf of an employer/recruiterseeking employees; or ii. to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletter to Proworx Profile or resume holders or to contact any individual unless they have agreed to be contacted.
10.10 The data obtained from the Proworx Resume Database shall not be kept longer than is necessary for the fulfillment of the purposes set out in this Section. In this respect, you agree and undertake to delete, destroy, and/or purge such data from your records.
10.11 You may not use Proworx Resume Database in any way which, in Proworx sole judgment, adversely affects Proworx’ business, business prospects, the performance or function of any of the Proworx website or Proworx Resume Database, or interferes with the ability of other subscribers to access the Resume Database.
10.12 If any time during your use of the Proworx Resume Database, you made a misrepresentation of fact to Proworx or otherwise misled Proworx in any way or you have breached any of the Terms herein, Proworx may terminate your use of the Proworx Resume Database and in such event, any payment made by you shall be forfeited.
10.13 Proworx reserves the right to limit the amount of data (including Proworx Profile and resume views) that may be accessed by or provided to you in any given time period. These limits may be amended in Proworx sole discretion from time to time.
10.14 You may use your subscription to Proworx Resume Database only for seeking candidates for employment. You are specifically prohibited from using information contained in Proworx Resume Database to sell or promote any products or services or to take any other action that is, in Proworx's sole judgment, inconsistent with these Terms, misleading or incomplete, or in violation of any laws or regulations.
11 Additional Terms applicable to Candidates
11.1 Proworx hereby grants you a limited, terminable, non-exclusive right to access and use Proworx Website only for your personal use in seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the Proworx Content or material on the Proworx website solely for your personal, non-commercial use.
11.2 When you register with anyProworx website, you will be asked to create an account and provide Proworx with certain information including a valid email address.
11.3 Any Proworx Profile you submit must be accurate, complete, up to date, and not misleading. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any Proworx Profile and resume or material contained therein placed by you on the Proworx website.
11.4 You acknowledge and agree that you are solely responsible for any consequences arising from such posting.
11.5 Proworx reserves the right to offer third party services and products to you based on the preferences that you identify in your registration.
11.7 You understand and acknowledge that all information provided by you, your Proworx Profile, resume, and/or account information shall be disclosed to prospective Employers/Recruiters.
11.8 You understand and acknowledge that you have no ownership rights in your account and that if you cancel your Proworx Account or your Proworx Account is terminated, all your account information from Proworx, including Proworx Profile, resumes, cover letters, saved jobs, will be deleted from Proworx Databases and will be removed from any public area of the Proworx website. However, third parties may still retain saved copies of your information which shall no longer be the responsibility of Proworx.
11.9 If any time during your use of the Proworx Account, you made a misrepresentation of fact to Proworx or otherwise misled Proworx in any way or you have breached any of the Terms herein, Proworx may terminate your use of the Proworx Account and in such event, any payment made by you shall be forfeited
11.10 Proworx reserves the right to delete your account and all of your information after a significant duration of inactivity.
12 User Content and submissions
12.1 You understand that all User Content is the sole responsibility of the person from which such User Content originated.
12.2 You understand and acknowledge that all information provided by you, your Proworx Profile, resume, and/or account information shall be stored in Proworx Databases and/or Proworx Resume Databases.
12.4 By submitting, posting or displaying User Content on or through Proworx website, you grant Proworx, subject to your privacy setting, a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content throughProworx website Proworx will discontinue this licensed use within a commercially reasonable period after such User Content is removed fromProworx website. Proworx reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.
12.5 If you post User Content in any public area of anyProworx website, you also permit any User to access, view, store and reproduce such User Content for personal use.
12.6 Proworx may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any the Proworx website. Proworx reserves the right to expel Users and prevent their further access to the Proworx Website and/or use of Proworx Services for violating the Terms or applicable laws, rules or regulations. Proworx may take all possible legal actions with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Proworx, damage Proworx brand or public image, or cause Proworx to lose Users.
12.7 Proworx does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Proworx endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
13 Payment of fees
13.1 All amounts owed to Proworx must be paid within the specified payment terms from the date of the invoice.
13.2 Proworx may charge prevailing interest at per annum or monthly on invoice amount issued to you.
13.3 Advertisers shall be liable for full payment of fees from the commencement of the contracts and/or sales orders. Payment must be made notwithstanding any errors or omissions in the advertisements.
13.4 All prices quoted are exclusive of any applicable taxes unless specifically noted otherwise.
14 Proworx’s right to suspend, cancel and Delete your registration
14.1 We may suspend/cancel or permanently delete your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms.
14.2 We may suspend/close or permanently delete your registration if we believe that you are also working as Job Portal, Job matching, Job Placement, and any other platform similar to Proworx.
14.3 It is the sole discretion of Proworx to inform you or not the reasoning of suspension /cancellation or permanent deletion of your account.
14.4 You can cancel or Permanently delete our registration at any time by informing us in writing. If you do so, you must stop using the Proworx website immediately right after this.
14.5 The suspension/cancellation or deletion of your registration and your right to use the Proworx website shall not affect either party’s statutory rights or liabilities.
15 Term and Termination
15.1 These Terms will remain in full force and effect while you are a user of any Proworx website.
15.2 Proworx reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from Proworx website and immediate termination of your registration with or ability to access the Proworx website and/or any other services provided to you by Proworx, upon any breach by you of these Terms or if Proworx is unable to verify or authenticate any information you submit to a Proworx website registration.
15.3 Even after you are no longer a User of the Proworx website, certain provisions of these Terms will remain in effect, including Sections 5, 13, 15, 16, 17, and 20, inclusive.
16 Proworx liability
16.1 Proworx website and Proworx Services act as, among other things, venues for:- i. Employers/Recruiters or their agents to post job opportunities and search for and evaluate job candidates; ii. candidates to post Proworx Profiles and resumes and search for and evaluate job opportunities; and iii. Advertisers to post their advertisements.
16.2 Proworx does not screen or censor the listings, including Proworx Profiles offered. Proworx is not involved in the actual transaction between employers/recruiters and candidates. As a result, Proworx is not responsible for User Content, the quality, safety or legality of the jobs or Proworx or resumes posted, the truth or accuracy of the listings, the ability of employers/recruiters to offer job opportunities to candidates or the ability of candidates to fill job openings and Proworx makes no representations about any jobs, Proworx Profiles, resumes or User Content on the Proworx website.
16.3 Proworx reserves the right in its sole discretion to remove any User Content including but not limited to Proworx Profiles, Company Profiles, Employer Materials, or other material from the Proworx website from time to time. When Proworx exercises this discretion and there is a breach of these Terms by the User, any payment made by the User will be forfeited.
16.4 The Proworx website also provides content from other internet sites or resources and while Proworx tries to ensure that material included on the Proworx website is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content
16.5 You assume all risks associated with dealing with other users with whom you come in contact through the Proworx website. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labelled. We expect that you will use caution and common sense when using the Proworx website.
16.6 Proworx website and Proworx Content may contain inaccuracies or typographical errors. Proworx makes no representations about the accuracy, reliability, completeness, or timeliness of any Proworx website or the Proworx Content. The use of all Proworx website and the Proworx Content is at your own risk.
16.7 Nothing on Proworx website shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web sites, products, services, hiring, experience, employment or recruiting practices, or otherwise.
16.8 If we are in breach of these Terms, we will only be responsible for any losses that you suffer as a direct result. Our liability shall not, in any event, include business losses such as lost data, lost profits or business interruption.
16.9 The aggregate liability by Proworx to you for all claims arising from your use of Proworx website and/or Proworx Services shall be limited to the amount of the existing package fee subscribed to and paid by you and operative at that time, or in the event you are a Candidate, shall be limited to RM100.
17.1 Proworx shall not be liable for any loss of information howsoever caused as a result of any interruption, suspension or termination of Proworx Services or for Proworx Content, accuracy or quality of information available or transmitted through Proworx Services.
17.2 You acknowledge and agree that it is not Proworx policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third party in or through Proworx website and/or Proworx Services.
18 Third-Party Website
18.1 As a convenience to customers, the Proworx website includes links to other web sites or material which are beyond its control. Proworx is not responsible for content on any site outside the Proworx website.
19 Advertising and Sponsorship Policy
19.1 Part of the Proworx website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Proworx website complies with relevant laws and codes.
19.2 Proworx reserves the right to refuse to run any advertisements that, in Proworx sole discretion, are not suitable for publication on any of the Proworx website.
19.3 Proworx will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
20.1 You agree to defend, indemnify, and hold harmless Proworx, and 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 User Content or other material you provide to any Proworx website; ii. Your use of any Proworx Content; or iii. Your breach of these Terms.
20.2 Proworx shall provide notice to you promptly of any such claim, suit or proceeding.
21 Refund Policy
21.1 Any purchases made to Proworx are non-refundable
22 Applicable Law
22.1 These Terms will be subject to the laws of Malaysia.
22.2 We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement, you may initiate legal proceedings in the courts of Malaysia.
23 International Use
23.1 We make no promise that materials on the Proworx website are appropriate or available for use in your location, and accessing the Proworx website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Proworx website from your location, you do so at your own risk and are responsible for compliance with local laws.
24.1 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
24.2 If you breach these Terms and Proworx chooses to ignore this, Proworx will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
24.3 Proworx shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
24.4 If any of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provision not affected by such invalidity or unenforceability shall remain in full force and ef