Welcome to the Terms of Service for Captar Partners.
Captar Partners Ltd, EA Licence 64590 operating at 508, 5/F, Sun House, 181 Des Voeux Road Central, Hong Kong provide you access via CAPTARPARTNERS.COM, CGPO2O.co, CGPO2O.com, CGPO2O.cn and other CGPO2O sites (the “Site”) and the recruiting service (the Site and recruiting service collectively the “Service”).
This is an agreement (“Agreement”) between CAPTAR PARTNERS and you in order to help you at every stage of using our Site and Service.
BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING USING THE SERVICE, CLICKING ON THE “SIGN UP” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE SITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CAPTAR PARTNERS; (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY; AND YOU HAVE DISCLOSED TO CAPTAR PARTNERS IN WRITING, IN ADVANCE OR IMMEDIATELY FOLLOWING YOUR ENGAGEMENT WITH SUCH PARTIES, THE NAME OF EACH AND EVERY COMPANY, AGENCY OR INDIVIDUAL WITH WHOM YOU ARE ASSOCIATING, EITHER AS AN EMPLOYEE, CONTRACTOR, CONSULTANT OR OTHERWISE, FOR THE PURPOSES OF RECRUITING POTENTIAL EMPLOYEES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICE.
Throughout this document, the words “Captar Partners” “us,” “we,” and “our,” refer to our company, our employees, Captar Partners, our Site or our Service, as is appropriate in the context of the use of the words. The term “Potential Employee” will refer to users of our Service who are seeking employment and/or contractor opportunities through Captar Partners. The term “Employer” will refer to a company or individual, as applicable that is interested in hiring Potential Employees through the use of our Service. The term “You” refers to the individual, as applicable, identified as the user when you register on the Site, on behalf of a Potential Employee.
You agree to keep all information gained from using our Site confidential; you agree that (1) you will use any content gained from our Site in accordance with applicable privacy and data protection laws; AND (2) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of the Site and/or Service.
Our Service may allow you to upload photos, resumes, projects and other information and may allow you to message or communicate in other ways with other users through our Service. Any information that you post, transmit or submit through our Site or Service will be referred to as “Content” throughout this Agreement. You IRREVOCABLY GUARANTEE to have right or full authority (1) to upload and submit foresaid information to us AND (2) to authorize us to store, use or sub-authorize to use the foresaid information. You agree to provide the proof or document of authorization in any time as we request. You know that we may restrain your access or use to our Site or our Service if you fail to submit an appropriate authorization and claim on your liability if any loss or damage caused by such defective, insufficient or vacant authorization.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY CAPTAR PARTNERS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the “Last Revised” date at the top of the Agreement. If we make any material changes, and you have registered to use the Service, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately for new users of the Site or Service and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have a registered account on the Site (“Registered Users”) upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. Captar Partners may require you to provide consent to the updated Agreement in a specified manner before further use of the Site or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Service. Otherwise, your continued use of the Site and/or Service constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
Captar Partners Description Of Service
For Potential Employees
Captar Partners is an online service that connects Potential Employees with Employers through a non-binding interview request process for a Potential Employee’s services. Potential Employees have a confidential opportunity to find a position with an Employer with transparency as to role and compensation. Additionally, Potential Employees’ use of Captar Partners is free, and the process is non-binding and does not create any contractual obligations between the Employer and the Potential Employee. The service only acts as a tool for Potential Employees to explore opportunities without obligation. None of your personal contact details or name will be visible or made available unless you consent to have your information visible. If you are interested in referring your family and friends, you will have the opportunity to gain referral rewards in accordance with Referral Rewards Program Terms and Conditions.
Registration
In registering for an account on the Site, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Service registration form (“Registration Data”), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any Content that is untrue, inaccurate, not current, or incomplete, or Captar Partners has reasonable grounds to suspect that such Content is untrue, inaccurate, not current or incomplete, Captar Partners has the right to suspend or terminate your account and refuse any and all current or future use of the Site and/or Service. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or use the Site or Service if you have been previously removed by Captar Partners, or if you have been previously banned from the Site or Service.
Potential Employee
In order to use Captar Partners as a Potential Employee you must register and create a profile. The use of the Site and the Service is free for Potential Employees. When registering with Captar Partners, we may require you to provide us information such as your name, e-mail address, employment history, work experience, educational background and skill set. Furthermore, you agree to provide us with any other identifying documents that we may request. We reserve the right, in our sole discretion, to accept or reject your registration to use our Site and Service. If your registration is accepted, you will be allowed to use our Service.
Potential Employee’s Role
After you have registered and created a profile on Captar Partners, you agree not to attempt to circumvent our Site and Service by independently attempting to communicate with an Employer that contacted or communicated with him or her on our Site or Service.
You are fully aware of the essence of our Site and Service from Our Role; if your registration is accepted, you authorize us from then on until the termination of your account to store, use or provide to the third party, appropriately in our sole discretion, the personal information you upload or submit to us.
Our Role
Captar Partners provides an online marketplace to allow for candidates to confidentially explore top opportunities in the market and companies to confidentially explore top talents for their important hiring needs. Once a company and candidate agree to interview, we then facilitate the entire offline process to insure both sides come to a satisfactory outcome.
Any agreements created between an Employer and a Potential Employee are not binding on us. We are not liable for, or obligated to enforce, any agreements between an Employer and a Potential Employee. You will not consider Captar Partners, nor will Captar Partners be construed as, a party to such transactions, whether or not Captar Partners receives some form of remuneration in connection with the transaction, and Captar Parnters will not be liable for any costs or damages arising out of or related to such transaction.
No contractual obligations are created for either the Potential Employee or the Employer through the use of the Service.
Payments
For Potential Employees
Our Service is free for Potential Employees. A Potential Employee is required to promptly notify Captar Partners if the Potential Employee (1) accepts an offer of employment (an “Employment Offer”), whether for an indefinite or fixed term, (2) accepts an offer of employment as a contractor (a “Contractor Offer”), whether for an indefinite or fixed term (each, a “Contractor Engagement”), within 12 months from the time you were introduced to a Potential Employer by Captar Partners or its affiliates.
Your Responsibilities
You are responsible for your use of the Site and Service and for any use of the Site or Service made using your account. You agree not to access, copy, or otherwise use the Site or the Service, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by Captar Partners. Remember when using Captar Partners we ask you to act reasonably and responsibly with others. Your continued access to our Site and use of our Service are contingent on your agreement to act in a proper manner. When using our Site and Service:
You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to Captar Partners servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
You will not take any action that we determine, in our sole discretion, imposes or may impose, an unreasonable or disproportionately large load on our infrastructure;
You will not upload invalid data, viruses, worms or other software agents through the Site and/or Service;
You will not collect or harvest any personally identifiable information, including account names, from the Site and/or Service except as may be expressly contemplated by this Agreement and our Privacy Policy;
You will not access the Site or Service through any technology or means other than those provided or authorized by the Service (and access to the Site or Service through virtual private network or proxy is expressly forbidden);
You will not sell, transfer or assign the Service, or your right to use the Service, to any third party, or offer the Service, or any content obtained from the Site or Service, on a time-sharing or other commercial basis;
You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
You agree not to violate any requirements, procedures, policies or regulations of networks connected to Captar Partners;
You agree not to interfere with or disrupt the Site or Service;
You agree not to hack, spam or phish us or other users;
You agree to provide truthful and accurate Content;
You agree to not violate any law or regulation, and you are responsible for such violations;
You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory or fraudulent Content;
You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
Captar Partners may terminate your account for violating one or more of your responsibilities with or without notice.
Limitations On Liability
Through Captar Partners’s Site and Service users of Captar Partners may be able to post content about third parties. Captar Partners is not liable to third parties for any content that has been posted or viewed on Captar Partners’s Site or Service. For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
We are not liable for any contracts, contractual obligations or any other obligations that may arise by statute or operation of law, resulting from any employment or commercial relationship, whether attempted or formalized, between Potential Employees and Employers;
Your ability to use or interact with this Site is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of this Agreement or any applicable law at our sole discretion.
Intellectual Property Rights
The design of the Service along with Captar Partners created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Captar Partners, subject to copyright and other intellectual property rights under applicable laws and international conventions. Captar Partners reserves all rights in and to the Service and the Site. You agree to not engage in the use, copying, or distributing any content contained within the Site or through the Service unless we have given you express written permission to do so.
Licensing To Captar Partners
You hereby grant to Captar Partners and its owners, affiliates, representatives, licensees, licensors and assigns (the “Captar Partners Parties”) a non-exclusive, fully-paid, royalty-free, worldwide, universal, transferable license to: (1) display, publicly perform, distribute, store, broadcast, transmit and reproduce your logo(s), service marks, trademarks and trade names through the Site, the Service and/or any other medium currently invented or invented in the future; and (2) display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of the Content and anything we may make with the Content through the Site, the Service and/or any other medium currently invented or invented in the future.
Disclaimer Of Warranties
THE SITE AND SERVICE ARE PROVIDED TO YOU AS IS, FOR YOUR INFORMATION ONLY. PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT, OUR SITE OR OUR SERVICE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SITE AND/OR SERVICE, or NEGLIGENCE.
THE CAPTAR PARTNER PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND/OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE AND/OR SERVICE WILL BE CORRECTED.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
Indemnity
You agree to defend, indemnify and hold harmless the Captar Partners Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to the Site and/or Service;
your violation of any term of this Agreement;
your violation of any third party right, including without limitation any copyright, logo, trademark, service mark, trade name, property, or privacy right;
any amounts awarded against or required to be paid by the Captar Partners Parties resulting from a finding by a court or tribunal of competent jurisdiction that the Captar Partners Parties are employers or related employers of any Potential Employee or contractor employed or retained by Employer; or
any claim that any of the Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Site and/or Service.
You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, settlements and disbursements.
Choice Of Law
This Agreement shall be governed by and interpreted in accordance with the laws of Singapore without giving effect to any principles that provide for the application of the law of another jurisdiction.
Termination
We may suspend the Service or your account or any other provision of services to you, and we may terminate this Agreement, at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you may do so by notifying Captar Partners at any time and closing your account for the Service. Your notice should be sent in writing, in accordance with the Notice Section below. Termination of the Agreement may result in the immediate deletion of any or all of the Content. Captar Partners will not have any liability whatsoever to you for any suspension or termination, including for deletion of the Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, success fee provisions, warranty disclaimers, indemnity and limitations of liability.
Notice
Where Captar Partners requires that you provide an e-mail address, you are responsible for providing CGPO2O with your most current e-mail address. In the event that the last e-mail address you provided to CGPO2O is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Captar Partners dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
Entire Agreement
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Electronic Communication
The communications between you and CGPO2O use electronic means, whether you visit the Site or the Service or send Captar Partners e-mails, or whether Captar Partners posts notices on the Site or Service or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Captar Partners in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Captar Partners provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
Personal Information Collection Statement (PICS)
Collection and Use of Personal Information
You will be required to provide personal data to Captar Partners Limited (“Captar”) during the course of our recruitment service. Failure to supply Captar with such data may result in Captar being unable to carry out some or all of its service. The type of personal information to be collected and used may include, but is not limited to:
Contact information (e.g., e-mail, social media contact details, address, telephone number);
Identity information (e.g., name, date of birth, occupation, and government-issued identification);
Professional information including your employment history, qualifications, talents, skills and abilities (e.g., references, resumes, qualification documents and test results);
Other individuals’ information we request, or that you provide, about an individual other than yourself (e.g., previous employers and referees); and
Immigration information (e.g., evidence of citizenship, visa or work permit documents).
Your personal data may be collected, retained, processed, used, disclosed and/or transferred (within or outside of Hong Kong) as Captar considers appropriate for the purpose of enabling us to perform our business activities and operating our business functions. This includes:
Assisting you in finding or retaining work;
Assisting in your career performance or management;
Analysing human resource and labour markets;
Sending you marketing communications and information relating to our services which we think may be of interest to you;
Developing tests and assessments in order to place you in appropriate roles;
Direct marketing (you have a right to opt-out from receiving direct marketing emails);
Assisting clients identify suitable candidates and/or contractors;
Providing, maintaining and improving our products and services; andDeveloping new products and services.
Disclosure and Transfer
Captar may use and may disclose your personal information to third parties (within or outside of Hong Kong) for the purposes it was collected, or for a related or ancillary purpose in connection with the performance of our business activities or operation of our business functions including but not limited to:
Any subsidiary and affiliated companies of Captar;
Prospective employers;
Clients who may wish to engage your services as a contractor or temporary employee;
Our suppliers, service providers or partners, including (but not limited to) organisations that conduct competency or psychometric tests, payroll processing or other employment related services;
Your nominated referees;
Any government authority or law enforcement body; and
Any educational or vocational organisations to the extent necessary to verify your qualifications.
Captar operates in different market and countries. From time to time, it is likely that we may need to transfer your data overseas in connection with our provision of services. The country or countries to which your data may be transferred is not restricted, and may include: The USA, Mainland China, Hong Kong SAR, Singapore, Japan, Malaysia or other countries/regions from time to time.
Some jurisdiction(s) where your personal data may be transferred to may not have in place data protection laws which are substantially similar to, or serve the same purposes as, the applicable privacy laws of the jurisdiction which governs the personal information protection in Hong Kong. That means your personal data may not be protected to the same or similar level as that in Hong Kong.
Security
Captar strives to protect your personal data by taking reasonable precautions to prevent the date from loss, misappropriation, unauthorised access, disclosure and destruction.
Captar takes reasonable steps to ensure that a candidate's personal data it collects and retains is accurate, complete, current, and reliable for its intended use.
Access and Correction Requests
You have the right to request access to and (where necessary) correction of any personal data held by Captar relating to you.