1. DEFINITION

1. "Site" means www.jawatankosong.com and/or any other websites of the Company.
2. "Company" refers to FUDAI ENTERPRISE (SA0553644-X)
3. "User" refers to an individual, a jobseeker or a corporate entity browsing, accessing, viewing and/or using the Site.
4. "Individual" means any natural person who is capable of entering into a legally binding agreement under the law for the time being in force in Malaysia.
5. "Corporate Entity" includes any company, association, society, firm, partnership, business entity, or any individual browsing, accessing, viewing and/or using the Site therefore and on behalf thereof.
6. "Services" includes any service provided by the Company including:
the provision of online recruitment advertising;
the provision of online resume search access;
matching of job specifications with our candidate profiles and advising them of the position availability through job alert emails and short message service;
providing the user with any other ancillary recruitment services including job banners, design and posting support services on JawatanKosong.com and/or any other affiliated online sites or print media deemed beneficial to the advertiser by the management of JawatanKosong.com in accordance with the terms and conditions hereunder.
7. "Service exclusion or omission" companies not wishing their advertisements to appear anywhere else other than on JawatanKosong.com has to provide such information upon the purchase of the package or in writing thereafter.
8. "Public Area of the Site" includes message boards, profiles, forums, contests and chat rooms.
9. "Company's Privacy Statement" refers to Privacy Policy
10. "User Content" includes any text, messages, profile, compilations, audio, video, images, graphics, drawings, layouts, photographs or any other information provided by the User to the Company through email or in any Public Area of the Site.

2. CONDITION OF USE

1. By using the Site and/or the Services, the User is deemed to have agreed to be bound by the Agreement.

2. The Company may amend the Agreement from time to time for legal or regulatory reasons, or to ensure the proper and smooth operation of the Site. The amendments shall become effective and binding between parties, where upon notification of any such amendments via e-mail sent to the e-mail address provided by the User, or via announcement on the Site, the User continues to access, browse or use the Site and/or the Services. In the event that the User does not agree to the amendments, the User shall not continue to access, browse, view or use the Site and/or the Services.

3. The User shall be personally responsible for the User Content and for the use of the Site and/or the Services, including without limitation, the User shall use the Site and/or the Services :-
1. at its own risk; and
2. in accordance with all regulations, policies and procedures of the Site and any law for the time being in force in Malaysia.

4. The User shall not use the Site :- to store, retrieve, transmit or view any file, data, image or program that contains-
1. any false, misleading, fraudulent or inaccurate information about itself and/or its postings;
2. any harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
3. any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
4. any code or material that violates the copyright, trademark, trade secret or intellectual property rights of others; or
5. any computer viruses, worms, "Trojan horses" or any other similar contaminating or destructive features; and
for spamming, chain letters or other use that may otherwise disrupt the Company's services and/ornetworks.

5. The User shall not provide and/or cause to be provided any information which :-
1. is false, inaccurate or misleading;
2. involves the sale of counterfeit or stolen items, or any other fraudulent act;
3. is defamatory;
4. contains pornographic or obscene materials;
5. introduces, spreads or is intended to introduce and/or spread contents or propaganda of racist nature;
6. contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
7. creates liability for the Company or causes the Company to lose, in whole or in part, the services of its Internet Service Providers or other suppliers; and/or
8. violates or breaches any regulations, policies and/or procedures of the Site and any law for the time being in force in Malaysia.
9. compromises JawatanKosong.com internal code of ethics

6. The User shall not :-
1. use any device, software, or routing to interfere or attempt to interfere with the proper operation of the Site or any activity being conducted on it;
2. access or attempt to log into a server or account for which the User has no access authorization, or duplicate, modify, distribute or display any of the data or files from any such account; and
3. attempt to gain unauthorised access to any servers controlled by the Company or decipher, decompile, disassemble or reverse engineer any software used in connection with the Site.

7. The Company reserves the right to:-
1. remove, at its sole discretion, any item and/or content posted by the User in order to comply with any regulation, policy and/or procedure of the Site and any law for the time being in force in Malaysia.

8. The Company reserves the right to offer third party services and products to the User based on the preferences identified in its registration and at any time thereafter such offers may be made by the Company or by third parties.

9. The User hereby acknowledges that the information available on the Site does not represent professional advice and hence the Company shall not be liable for any decision made based on such information.

3. INTELLECTUAL PROPERTY

1. The posting of any information and/or materials on the Site by the Company does not constitute a waiver of any legal rights in such information and/or materials.
2. The User shall not sell, modify, reproduce, display, publicly perform, distribute, or otherwise use the contents available on the Site in any way for any public or commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company, that dilutes the strength of the Company's property, or that otherwise infringes the Company's intellectual property rights. The User shall also not misuse such contents.
Assignment of Copyright to the Company
3. The User hereby agrees to assign absolutely to the Company all title and interests relating to copyright in the User Content, including but not limited to resumes, posted on the Site or sent to the Company by any means.
4. The User hereby warrants that it is the copyright owner in the User Content and shall indemnify the Company from any claims by any third party arising from the ownership of such User Content.
5. The Company takes a serious view of intellectual property rights infringement and will not hesitate to take action including commencing legal proceedings against any User for such infringement. TAKE NOTICE that intellectual property rights infringement attracts civil and criminal sanctions.
6. Names, marks and logos of all other products, services and companies mentioned on the Site may be the trade marks of their respective owners.

4. E-MAIL ADDRESS OF THE USER

1. The User shall submit a valid e-mail address to the Company as a pre-requisite before the User posts any User Content on the Site and/or joins as a member of the Site.
2. The User shall ensure that his e-mail address is not publicly displayed on the Site.

5. TERMINATION AND SUSPENSION

1. Any User whom or which the Company determines has violated any provision of the Agreement may receive a warning notification via email, and shall be subject, at the Company's sole discretion, to a temporary suspension of the Services pending such User's agreement in writing to refrain from any such further violation. Any User deemed to have committed a second violation of any provision of the Agreement shall be subject to an immediate suspension or termination of the Services without further notice.
2. Notwithstanding clause 5.1 above, the Company reserves its right to immediately suspend or terminate at its sole discretion the Services to the User without warning and/or notice.

6. NO WARRANTY

1. The Company does not guarantee continuous, uninterrupted or secure access to the Site or the Services or operation of the Site.
2. The Site and the Services are provided "as is" and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement.
3. To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

7. EXCLUSION OF LIABILITIES

1. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS PARENT COMPANY, SUBSIDIARIES, ASSOCIATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS, SUPPLIERS, AGENTS OR ASSIGNS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR:
1. ANY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND / OR LOSSES RELATED TO THIS AGREEMENT INCLUDING ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); OR>
2. ANY LOSS OF GOODWILL OR REPUTATION; OR
3. ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ACTIONS FOR BREACH OF CONTRACT, ACTIONS UNDER THE TORT OF NEGLIGENCE, DEFAMATION, COPYRIGHT INFRINGEMENT, TRADE MARK INFRINGEMENT, PASSING-OFF, INFRINGEMENT OF REGISTERED INDUSTRIAL DESIGNS , PATENT INFRINGEMENT, BREACH OF CONFIDENCE; OR
4. ANY LIABILITY AT COMMON LAW; OR
5. IN ANY OTHER WAY.

2. Subject to the limitation stated above, nothing in the Agreement shall be deemed to limit or exclude the Company's liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company's negligence or the negligence of the Company's directors, shareholders, servants, agents or employees.

3. For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.

4. The Company shall not be responsible or held liable in any way should any employer or any third party, whether in Malaysia or elsewhere, use the User's personal data for any other use other than for obtaining potential employees.

5. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of the User Content or any other communications posted by the User or endorse any opinions expressed by the User.

8. INDEMNITY

1. The User at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to or arising out of the User's breach of the Agreement (including the documents incorporated by reference), or arising out of the User's violation of any law or the rights of any third party.

9. RELEASE

1. In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.

10. GOVERNING LAW

1. This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and parties shall be subjected to the exclusive jurisdiction of the Malaysian courts.

11. GENERAL PROVISIONS

1. Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.
2. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
3. The User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition.
4. The User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
5. Failure of the Company to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches.
6. Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.
7. Words importing one gender shall include any other gender unless stated otherwise.
8. Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.

12. NOTICES

1. Notices to the User shall be sent to the email address provided by the User to the Company.
2. Notices are deemed to be sent within 24 hours of the time of sending of the email unless the Company receives failure of delivery notice.

13. SURVIVAL OF CLAUSES

1. Clauses 2, 3, 6, 7, 8, 9, 10, 11 and 14 shall survive the lawful termination of this Agreement and shall continue to be binding on both parties notwithstanding such termination.

14. NO WAIVER

1. Knowledge or acquiescence by either party of or in any breach of the terms or conditions herein contained shall not operate as or be deemed to be waiver of such terms or conditions or any of them and, notwithstanding such knowledge or acquiescence, such party shall be entitled to exercise its rights under this Agreement and to require strict performance by the other party of the terms and conditions herein.