Terms and Conditions for Advertisers
Please read the Agreement carefully before assessing to and/or using the Services and Site. By accessing to and/or using the Services and Site, the relevant Advertiser acknowledges and agrees to be bound by the terms, conditions and other provisions of the Agreement.
- “Advertisements” means any type of the Advertiser’s recruitment-related online advertisements, email distribution editorial features, and other products and services offered by SCMP to the Advertiser.
- “Advertiser(s)” means the potential employer(s), recruiter(s), and/or representative of such potential employer(s) or such recruiter(s) who access(es) to and uses(s) the Site, and/or use(s) and/or place(s) a Sales Order(s) with SCMP to purchase any of the Services.
- “Advertiser Logo(s)” means the logos, trademarks, service marks and other brand features of the Advertiser as well as intellectual property rights therein and thereto.
- “Job Seeker(s)” means individual user(s) of the Site accessing to and using the Site, and looking for job opportunities and career information.
- “Profile” means CVs, employment information and such other material, information and data provided by Job Seekers and posted/available on the Site.
- “Sales Order” means in the case of online orders, the Advertiser’s agreement to purchase on the Site one or more of the Services; and in the case of orders via the SCMP sales team, the form signed, each of which sets out the details and fees of the Services ordered by the Advertiser.
- “SCMP” means South China Morning Post Publishers Limited and/or its ultimate holding company(ies), holding company(ies), subsidiaries, affiliates and subsidiaries of each of such ultimate holding company(ies) and holding company(ies).
- “Services” means the products and services available on the Site under the freemium and subscription models as set out in Section 2 (Services) below and such other products and services to be made available by SCMP from time to time.
- “Site” means www.cpjobs.com/hk and such other website(s), site(s) and platform(s) designated by SCMP from time to time, including but not limited to their contents, databases and mobile applications.
- “Third Party Payment Processor” means the third party used to process payments for any of the Services.
- Subject to the provisions in the Agreement, the following Services are provided by SCMP to the Advertisers:
- Advertorial and Video Production: Production of advertorial and/or video as per the terms set out in the Sales Order.
- Application Download: Advertiser’s preview and downloading applications from recruiter module from selected Job Seekers for the sole purpose of recruitment and suitability assessment.
- Content Box: Prominent exposure on the main homepage of the Site to promote native content such as Advertiser’s up-coming event or job vacancies.
- cpTalent: Advertisers to discover talents directly through the Site’s member database of Job Seekers.
- cpTalent (Profile Preview): Advertiser’s preview of certain information from selected Job Seekers within 30 days after such relevant information is available.
- Banner Ad: A range of standard digital display solutions such as banners available to promote Advertiser’s services.
- eDM (Electronic Direct Mailer): Targeted email to reach specific Job Seekers based on criteria such as industries or job functions.
- Featured Logo: Advertiser Logo to display on the Site’s homepage to boost brand awareness.
- Job Listing: Standard job advertisement with a maximum of 30-day listing on the Site from the recruiter module to showcase Advertiser’s current opening.
- Customized Job Template: Enhance the visual appeal of Advertiser’s job advertisement through tailor-made themes of Job Ad from the recruiter module to stand out amongst other Advertisers.
- Priority Listing: Position upgrade for Advertiser’s job advertisement for a particular job role to be highlighted and shown amongst the top five (5) search results for increased exposure.
- Recruitment Day Promotion: A centralized hub which collects and displays all recruitment-day-related information, the ideal channel to promote Advertiser’s own recruitment event.
- Services Charge: Services fees for Advertiser’s purchase of the relevant Services.
- Social Media Promotion: Engage potential Job Seekers via the Site’s social media platform with tailored feeds and content.
- Sponsorship: Special collaboration with the Site to promote the Advertiser.
- Redirect URL For Applications: Upgrade for Advertiser’s job advertisement of Job Ad from the recruiter module for Job Seekers to be redirected to any designated page of such Advertiser’s choosing.
- The Advertisers may use the following list of the relevant Services which are currently under the freemium model (i.e. free of charge):
- Job Listing; and
- cpTalent (Profile Preview).
- The following list of the relevant Services which contains their respective features under the Tokens subscription model and can be purchased at the relevant Services Charge:
- Advertorial and Video Production;
- Application Download;
- Content Box;
- Banner Ad;
- eDM (Electronic Direct Mailer);
- Featured Logo;
- Customized Job Template;
- Priority Listing;
- Recruitment Day Promotion;
- Social Media Promotion;
- Sponsorship; and
- Redirect URL For Applications.
- The relevant Services under the subscription model can be purchased by means of the Sales Orders.
- SCMP reserves the right to change or modify the nature and/or package of the Services and/or suspend the provision of any of the Services.
- For enquiries about the Services, please contact our Customer Services Team at 2680 8866 or email us at firstname.lastname@example.org.
- Advertiser shall use the Services for its recruitment purpose only.
- Advertiser shall ensure that only its authorized personnel may access to and use the Services and all matters related thereto. Advertiser shall at all times be solely responsible for any and all default, negligence, acts and omissions of its personnel.
- Advertiser shall be responsible for the use of its account for accessing to and use of the Services and Site and for ensuring that all use of the account complies fully with the terms, conditions and other provisions of the Agreement. The Advertiser shall not disclose any login password of the account to any third party and shall be responsible for the use of the account and protecting the confidentiality and security of the password.
- Advertiser shall not sell, resell, pass on, sub-license or otherwise distribute any of the Services to any third party (including any of its subsidiaries, holding companies, subsidiaries of such holding companies and affiliated companies) without SCMP’s prior written consent.
- Any information obtained by Advertiser through the use of the Services including but not limited to any Profile or information downloaded by the Advertiser from the Site must only be used by the Advertiser in relation to its genuine employment and/or recruitment activities only, and not for any other purpose whatsoever.
- The Profiles that Advertiser obtained through the use of the Services and any information of Job Seeker’s which the Advertiser has access to are for the Advertiser’s sole recruitment use only, and the Advertiser shall not sell pass on, sub-license, disseminate, disclose or otherwise distribute any of the Profiles or any information thereof to any third party (including any of its subsidiaries, holding companies, subsidiaries of such holding companies and affiliated companies).
- Advertiser is prohibited from using any data mining, robot, screen scraping or any similar data gathering, extraction or publication tool on/through the Site, including but not limited to for the purposes of establishing, maintaining, advancing and reproducing information and data contained on/in the Site on the Advertiser’s websites, sites, platforms, applications, products, services and publications, whether in online, digital or other format, except with SCMP’s prior written consent.
- Advertiser shall indicate the relevant Services it wishes to order by placing a Sales Order at the Services Charge specified in the Sale Order and providing to SCMP all necessary information as may be required by SCMP.
- A legally binding contract between SCMP and the Advertiser comprising these Terms and Conditions and the terms set out in the Sales Order will come into effect when (i) in the case of online orders, the screen confirming successful purchase of such Services appears on the Site or (ii) in the case of orders via the SCMP sales team, SCMP has received the Advertiser’s completed Sales Order together with all necessary information.
- Cancellations or changes will not be accepted upon confirmation of the Sales Order.
- All payment of Services Charge due to SCMP is set out in the Sales Order, and shall be made in Hong Kong dollars. Advertiser is responsible for payment of all Services Charge. Advertiser shall bear all applicable taxes, duties and tariffs at the prevailing rates.
- Amounts due to SCMP as per the Sales Order remaining unpaid after the due date shall bear interest at the rate of 2% of the overdue amount per month from the due date until the date payment is made in full.
- In the event of late payment of any amount due, SCMP reserves all its rights including but not limited to suspending the provision of any of the Services.
- Advertiser warrants and undertakes that all information, data and content provided to SCMP in connection with its use of the Services and Site (including but not limited to the Advertisements and Advertiser Logos) (collectively, “Advertiser Contents”) is complete, true, accurate and up-to-date and shall comply with all applicable laws, regulations and rules in force from time to time.
- The submission of any and all forms of the Advertiser Contents constitutes a warranty by Advertiser to SCMP that the Advertiser has all necessary authorities and permissions for the insertion thereof and that the Advertiser Contents and any part thereof and the publication and display thereof does not contain any material or information that is discriminatory, obscene, defamatory, libelous, slanderous or does not in any way infringe any copyright or any other intellectual property or related right or contravene, violate or constitute a breach of any applicable law, regulation or rule in force from time to time including but not limited to the Employment Ordinance, Sex Discrimination Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance, Race Discrimination Ordinance and Personal Data (Privacy) Ordinance.
- All Advertiser Contents published and displayed on the Site shall be provided by Advertiser. SCMP may, but has no obligation to, approve the Advertiser Contents.
- The Advertiser shall be solely responsible for all the contents of and materials contained in the Advertiser Contents published and displayed on the Site. SCMP is not responsible for any content of the Advertiser Contents, including but not limited to any error and/or inaccuracy in the Advertiser Contents.
- If any of the Advertiser Contents links to another site via the Redirect URL For Applications option, the Advertiser shall be solely responsible for maintaining the links and for the contents of the linked sites. SCMP shall not accept any responsibility for any content on any third-party sites and platforms published and/or displayed on the Site.
- Job Listing and Priority Listing shall be for Advertiser’s recruitment purpose only.
- Advertiser warrants that all particulars in the Job Listing and Priority Listing shall be accurate, honest and truthful and shall comply with all applicable laws, regulations and rules in force from time to time.
- Advertiser shall only advertise one job role per Job Listing. Such job role shall only be posted once within seven (7) days. Each Job Listing will be published and displayed on the Site for a maximum of 30 days.
- Advertiser shall only advertise one job role per Priority Listing. Each Priority Listing will be published and displayed on the Site for a maximum of 30 days from such job role’s first listing.
- All the then-current job roles on the Site will be searchable on the Site’s Job Listing page.
- To increase exposure, the Advertisers acknowledge and agree that their job advertisements through the Job Listing and Priority Listing on the Site may be referred to the sites and platforms of SCMP’s business partners unless such relevant Advertiser(s) request(s) not to do so by writing to SCMP.
Advertiser’s access to and use of cpTalent, cpTalent (Profile Preview); Application Download and other products and services provided to the Advertiser and all information contained therein/thereon is governed by the following provisions:
- Advertiser acknowledges and agree that SCMP does not guarantee the matches of Job Seekers will be suitable for the job advertised, and that it is the Advertiser’s sole responsibility to carry out such checks and procedures as are necessary to ensure that the Job Seekers are suitable for the job advertised and have the required qualifications and personal characteristics.
Advertiser’s use of Advertorial & Video Production is governed by the following provisions:
- Advertiser acknowledges and agrees that advertorial and video production is in accordance with the terms set out in the Sales Order.
The Advertiser’s use of Customized Job Template is governed by the following provisions:
- the Customized Job Template together with its company name or logo display will only be shown during the relevant feature activation period;
- unlimited jobs postings will be allowed during such relevant feature activation period.
Advertiser’s use of Social Media Promotion is governed by the following provisions:
- Advertiser’s communication and business dealings with Job Seekers found on and/or through the Site are solely between such Advertiser and such Job Seekers. SCMP shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such communication or business dealing.
- SCMP does not warrant or guarantee the accuracy of any of the Profiles or any information provided by Job Seekers. Should any dispute arise between Advertiser and such Job Seekers, such Advertiser and such Job Seekers should resolve such disputes between themselves and SCMP shall not be responsible and held liable for any dispute thereof.
- The Advertiser shall retain all titles, copyrights and other intellectual property and proprietary rights in and to the Advertiser Contents published and displayed on the Site.
- The Advertiser grants to SCMP a non-exclusive, worldwide, irrevocable, fully-paid up, royalty-free right and licence to use, copy, store, archive, distribute, transmit, publicly publish, and publicly display the Advertiser Contents, in whole or in part, on the Site and any and all social media and social networking sites under accounts operated or held by SCMP for the purposes of providing the Services.
- All rights, titles and interest in and to any and all of the Services, the Site and all contents and materials contained therein/thereon and the SCMP’s logos, trademarks, service marks and other brand features as well as their intellectual property and proprietary rights (including without limitation all rights therein under copyright, design rights, moral rights, trademarks, service marks, patent, know-how, confidential information, domain names, trade dress, trade secret) shall remain exclusively with SCMP.
- SCMP reserves the right to terminate or suspend the Advertiser’s access to and use of the Site and/or Services offered on or through the Site if such Advertiser posts any job advertisement or any content or material or utilizes any feature of the Site in any way which is in breach of any of the terms, conditions and other provisions of the Agreement.
- SCMP shall have the right at any time to change, modify or discontinue any aspect or feature of the Services and Site. Notification of such change, modification or discontinuation will be given by means including but not limited to by posting on the Site, or by electronic or conventional mail, or by any other means by which Advertiser obtains notice thereof.
SCMP will use reasonable endeavours to ensure that the Site is available for access at all times. Notwithstanding this, SCMP and its third party service providers may be required to undertake maintenance and upkeep of the Site from time to time. SCMP provides no warranty to the Advertisers that the Services generally available through the Site will be uninterrupted, error free or delay free.
The Advertiser shall indemnify and keep indemnified SCMP, its directors, officers, employees, agents and contractors (collectively the “Indemnified Parties” and each an “Indemnified Party”) in respect of all losses, damage, costs and expenses including legal fees arising directly or indirectly from: (i) the publication and display of any of the Advertiser Contents; (ii) a breach of any of the terms, conditions and other provisions of the Agreement by the Advertiser; and (iii) any third party claims against any of the Indemnified Parties because of (i) or (ii) above in this Section (Indemnity). In any case where a claim is or may be made or threatened against any of the Indemnified Parties which SCMP knows of, SCMP will give notice in writing to the Advertiser and will take reasonable steps to consult with the Advertiser before any claim is settled, defended or otherwise determined provided that a failure to consult shall not affect the Advertiser’s liability under the Agreement.
- ADVERTISER EXPRESSLY AGREES THAT USE OF THE SITE IS AT ITS SOLE RISK. NEITHER SCMP NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (“SCMP PARTIES”) WARRANT THAT THE SITE AND ITS SERVERS WILL BE UNINTERRUPTED, ERROR AND DELAY FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SITE, OR AS TO THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS, RELIABILITY OF CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
- THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, OMISSION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ADVERTISER SPECIFICALLY ACKNOWLEDGES THAT THE SCMP PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE RELEVANT USER(S) OR THIRD PARTY(IES) (AS APPLICABLE).
- IN NO EVENT WILL SCMP OR ANY PERSON OR ENTITY INVOLVED IN CREATING OR PRODUCING THE SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE ACCESS TO, USE OF OR INABILITY TO ACCESS TO OR USE THE SITE. ADVERTISER HEREBY ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THIS SECTION (DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY) SHALL APPLY TO ALL CONTENTS ON/IN THE SITE.
Neither the Advertiser nor SCMP shall be responsible for any failure or delay in performance of its obligations under the Agreement (except any obligation to pay money) because of circumstances beyond its reasonable control, including, without limitation, typhoons, rainstorms, other acts of God, virus epidemics, network failures and telecommunications failures. The exemption provided by this Section (Force Majeure) has effect only for the period during which the impediment exists.
Unless otherwise expressly provided in the Agreement or required for performing its obligations hereunder or as requested by or pursuant to law or regulatory bodies or with the prior written consent of the other party to the Agreement, neither party shall disclose, reveal or make public except on a confidential basis to the staff, professional advisers or contractors of that party any information whatever concerning the Agreement, the business of the other party, or the Agreement; all of which shall be strictly confidential.
- No waiver by either party of any breach or default under the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
- The illegality, invalidity or unenforceability of any provision of the Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdictions nor the legality, validity or enforceability of any other provisions.
- The Agreement does not create any agency, employment, joint venture, partnership, representation or fiduciary relationship between the parties to the Agreement. Neither party shall have the authority to create any obligation on behalf of the other party.
- Either party shall not assign, transfer or sub-license any of its rights or obligations under the Agreement without the prior written consent of the other party whose consent shall not be unreasonably withheld, delayed or conditioned.
- The Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Both parties agree to submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
- The parties to the Agreement expressly agree and acknowledge that the terms, conditions and other provisions of the Agreement shall not be enforceable by and do not confer any right on any person, entity or third party who is not a party to the Agreement.