Terms of Use

This page states the terms of use (“Terms of Use”) under which you (“You”, “user”) may use www.giggik.招聘 or www.giggik.com (“Website”), and Your relationship with GIGGIK TECHNOLOGY LIMITED (“GigGik”, “we” or “us”). Please read the Terms of Use carefully as they affect Your rights and liabilities under applicable law.

By using the Website, opening an account or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Terms of Use and our Privacy Policy, incorporated herein by reference. The Terms of Use form a binding agreement between you and GigGik. In the case of any conflict between the Terms of Use and any contract you have with GigGik, unless specifically agreed otherwise, the Terms of Use will take precedent.

If You do not agree to the Terms of Use, please do not continue to use, upload to, download from nor register for the Website. The Terms of Use are effective as of 1st day of April 2020.

The Website and any services provided by GigGik shall be available to registered and unregistered users, such as Job Seekers and Job Offerors.

GigGik reserves the right to update, amend or delete these Terms of Use and the Privacy Policy at any time without prior notice. You should visit this page periodically to review the latest Terms of Use and Privacy Policy.

Use of the Website

1. Specific users – Job Seeker(s)

   • Job Seekers means users of the Website who are looking for permanent employment, part time work, or other assignment or work for payment as an independent contractor (collectively “Job”).
   • Job Seekers confirm that it has attained the minimum age of his/her country for seeking Job.
   • Job Seekers agrees to use the Website only for lawful purposes and seeking Job. Any other usage, including but not limited data analysis, promotion (commercial, political or otherwise), sale of products or other services not contemplated by GigGik are disallowed.
   • Job Seeker agrees to keep their Login name and password with care and not to share nor disclose them to any other person. Job Seekers are solely responsible for maintaining the confidentiality such as any use of the Login name and password and shall notify GigGik immediately of any unauthorized use of the same.
   • Job Seekers accept that they will be required to submit personal information and/or data (“Information”) to GigGik for the purpose of searching for appropriate Job with Job Offerors. The Information includes but not limited to general personal information, work experience, personal CV, and answer to specific questions (if any), which will be stored in the database of GigGik.
   • Job Seekers are solely responsible for the Information they submit to the Website, GigGik and/or Job Offerors, including but not limited to ensure they are updated, not containing confidential information Job Seekers are duty bound not to disclose, legal, decent, non-discriminatory and truthful, and shall NOT contain any incomplete, false or inaccurate Information. GigGik may not have enough resources to verify the Information and are relying on the honest provision of Information by Job Seekers.
   • Job Seekers shall exercise his/her own judgment to assess any Job information. GigGik may not have resources to verify any Job information, and must rely on the honest description by the Job Offerors. Job Seekers accept that GigGik does not warrant the completeness, correctness and/or accuracy of the Job information.
   • GigGik will not release Job Seekers’ Information to any Job Offerors without Job Seekers’ general or specific consent. However, GigGik reserves its right to disclose the Information for compliance with laws, regulations or government orders, or for the protection of GigGik’s rights.
   • Job Seekers agree that the Information given to the Job Offerors is at their own risk and GigGik will not be responsible or liable in any case for any use by the Job Offerors.
   • If the Job Seekers joins the “Talent CRM” function (and any other later function of similar nature) and consents to disclose their profile or other information (“Profile”) to potential Job Offerors, then all Job Offerors who place their advertisement with GigGik or who subscribe to the service of GigGik will have access to their Profile.
   • Although GigGik uses its best endeavors to restrict access to the database only to the Job Offerors and internal authorized personnel of GigGik, it does not guarantee that other parties will not, without GigGik’s consent, gain access to the database.
   • Job Seekers acknowledge that Job Offerors or other parties who have access to the Website and/or GigGik’s database may retain Job Seekers’ Profile. GigGik is not responsible for the retention, use or privacy of such Profile. GigGik also will NOT be responsible or be held liable in any way if any Job Offerors, in breach of the Terms of Use in Hong Kong or elsewhere, uses the Job Seeker’s Profile for any purpose other than for Job Offering.
   • Job Seekers are entitled to request access to or make amendments to their Profile kept with GigGik at any time. Any request for access or correction can be made through the Website, failing which, by contacting GigGik. Please refer to the Privacy Policy for details.

2. Specific Uses – Job Offerors

   • Job Offerors means users of the Website who offer Jobs to Job Seekers on a permanent, part time or in a contract of assignment or service, whether it is in the relationship of an employment or as an independent contractor. Job Offers can be employer, or an individual or company sourcing for services.
   • Job Offerors agrees that it shall only use the Website for lawful purposes and activities related to Job Offering.
   • Upon payment of the service fee and/or subject to other Terms of Use or specific contract between Job Offeror and GigGik (“Job Offerors’ Specific Contract”), Job Offerors will be entitled to use the Website to offer Jobs, in the form of advertisement of job vacancies and/or to create its own brand page (Brand.招聘) for a specific period of time.
   • Job Offerors shall be solely responsible for the contents contained in their advertisement and/or brand page posted on the Website. GigGik reserves the right to edit, amend or remove any advertisement as it sees appropriate, or to terminate or suspend the Job Offerors’ access and use of or through the Website, by the Terms of Use or Job Offerors’ Specific Contract.
   • GigGik shall have the right to terminate any services offered to any Job Offerors and to remove any advertisement and/or brand page posted on the Website at GigGik’s sole discretion, without any compensation or recourse to Job Offerors in the event that any content of the same are in breach of the Terms of Use or Job Offerors’ Specific Contract, or against any law, or be found to be incorrect, misleading, discriminatory or in any way in appropriate in GigGik’s sole discretion or for the protection of Job Seekers.
   • Subject to the Terms of Use or Job Offerors’ Specific Contract, the Job Offerors are entitled to access the Job Seekers’ database maintained by GigGik but agree that all information will only be used for the purpose of Job Offering, and the information shall not be used for any other purpose, in particular : Sale of services, promotion, marketing, survey, data analysis, or other use unrelated to Job Seeking. Job Offerors agree that they will not disclose Job Seekers’ information to any other parties (with or without payment) without the prior written consent of the Job Seekers.
   • GigGik also reserves the right to change the service fee or introduce new charges or fees, from time to time, as it deems appropriate. In the event that any Job Offerors fail to pay the service fee or any other fees or charges due to GigGik, GigGik has right to suspend or terminate the Job Offerors’ brand page and/or advertisement and/or right to access the database, without prejudice to all other rights and remedies available to GigGik.
   • A Job Offeror can also be a Featured Customer, which means the person or entity identified in the an order for Featured Customer, who wishes to obtain the services provided by GigGik for Featured Customer, and such Featured Customer shall enjoy further rights of, including but not limited to and as GigGik may grant or alter, from time to time:
     • publishing approved article in a specific industry page;
     • boost Job Offer (or post)
     • access to Candidates’ database for Candidates who are tagged with the specific industry; and
     • export performance report of specific industry page.

3. Intellectual Property Rights

   • All the contents of the Website, including but without limitation to information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Website (collectively “Contents”) are the Intellectual property of GigGik or its licensors and are protected by Copyright, Trademark, Patent and other Intellectual property laws.
   • You are not permitted to copy, reproduce, transmit, disseminate, sell, distribute, publish, broadcast, circulate, store (in any medium), display, modify, sell or transfer or participate in the sale or transfer of or offer for sale of, create derivative works from, or in any way exploit any of the Contents, whether in whole or in part, unless they have GigGik’s specific approvals and such action is not infringing others’ rights and relevant laws.

4. Warranties and Liability

   • GigGik reserves the right to monitor the Website and its Contents at any time, but is not obliged to do so. GigGik takes no responsibility whatsoever for any material on the Website that is not posted by GigGik or is otherwise posted by GigGik on behalf of any user(s).
   • You acknowledge and agree that you are fully responsible for the form, contents and accuracy of any personal CV, resume, information, data, advertisement, brand page and/or material submitted by Job Offerors to GigGik or that is otherwise posted by Job Offerors on or through the Website.
   • GigGik disclaims all warranties of any contents not generated or directly from GigGik, including but not limited to any personal CV, resume, information, data, advertisement or brand page, and does not guarantee any employment placement, contract signing, details, accuracy or quality of Job Offer, background or trustworthiness of any Job Offerors or Job Seekers.
   • GigGik shall not in any way be considered an agent, partner, employer, employee or principal of either Job Offerors or Job Seekers with respect to any use of the Website or their subsequent entering into any agreement or establishment of contractual relationship. GigGik shall not be responsible in any way for any decision, for whatever reason, made by any user of the Website, for posting or responding to a Job Offer or otherwise.
   • GigGik disclaims all warranties that the Website is or will be at any time error-free, that the Website and its server is or will be at any time free of computer viruses or other harmful mechanisms, that any defects will be corrected, or that the operation of the Website will be uninterrupted, timely or secure.

5. Users Bear Own Risk

   • All users are responsible for their own communications, posting an/or representations on the Website. GigGik does not represent or guarantee the truthfulness, accuracy or reliability of any the communications posted by any users or endorse any opinions expressed by any users. Any reliance by users on materials posted by other users will be at their own risk. GigGik reserves the right to cancel the right of access by any user and prevent their further access to the Website, at any time for breaching this Terms of Use or any relevant law and also reserves the right to remove any information from the Website that, in its sole discretion, is inappropriate.

6. Links to other source of information

   • The Website may contain links to other third-party websites or source of information. These are provided solely as a convenience to users and not in any way as an endorsement by GigGik of the contents on such third-party websites or source of information. If any user accesses any linked third-party website or source of information, they do so entirely at their own risk. GigGik is not responsible for and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party websites or source of information. Further, GigGik is not responsible for any loss or damage of any kind arising from or in connection with the use of the services or contents of such third-party websites or source of information.

7. Indemnity

   • All users agree to indemnify, and hold harmless GigGik and its associated companies, officers, directors, employees, agents, partners, representatives from and against any claims, actions, demands, losses or damages arising from or resulting from or relating to their use of the Website or their breach of this Terms of Use. GigGik shall provide prompt notice of any such claim, suit or proceeding to the relevant user.

8. Disclaimer

   • To the fullest extent permitted by applicable law, GigGik and its associated companies, officers, directors, employees or agents shall not be liable in any event for damage of any kind suffered by any users whatsoever directly or indirectly arising from or relating to their use of or inability to use the Website and its contents, including without limitation and errors or omissions in such contents, or any deletion, incorrect or delayed transmission or loss of any contents or materials uploaded or transmitted through the Website.

9. Dealings with advertisers

   • User’s communication or business dealings with, or participation in promotions of, or for advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and the advertiser.
   • Users agree that GigGik is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of the advertisers on the Website.
   • Advertisers who post on or through the Website are also considered as an user, and subject to the Terms of Use.

10. Payment to GigGIk

    • All amounts owed to GigGik must be paid within the specified payment terms from the date of the invoice.
    • GigGik may charge interest at 5% per annum on any late payment.
    • Job Offerors or advertisers shall be liable for full payment of fees from the commencement of the contracts and/or sales orders and/or package.
    • All prices quoted by GigGik are exclusive of any applicable taxes unless specifically noted otherwise and GigGik are not responsible for the same.

11. Specific Disclaimer in relation to Jobs

    • GigGik uses its best endeavors to provide an impartial Job Seeking and Offering process and platform, and represents a medium supporting information exchanged between the Job Offerors and Job Seekers.
    • GigGik will not be involved in the dealings between the Job Offerors and Job Seekers and GigGik shall not be responsible or held liable for the quality, security and legitimacy of any Jobs or their performance.
    • GigGik does not warrant or guarantee the accuracy of the information and/or data provided by Job Offerors and Job Seekers.
    • GigGik is not responsible for whether the Job Offerors will be able to pay the relevant fee, salary or otherwise to the Job Seekers and whether the Job Seekers will be competent to perform the Jobs.
    • Should any dispute arise between Job Offerors and Job Seekers, they should resolve such disputes on their own and GigGik shall not be responsible nor be held liable. GigGik may in future provide a service of resolution but it will not include any guarantee of success.

12. Termination

    • If any information provided by the user is inaccurate, in breach of any laws or contains indecent elements, or in violation of the Terms of User or Job Seeker’s Specific Contract, GigGik may cancel the user’s account and/or membership immediately without notice, remove all information posted, issue public notice, report to authority for serious breach, and reserves the right to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against such user.
    • The consideration above is subject to GigGik’s sole discretion.

13. Security Measures

    • GigGik will use its reasonable endeavors, without guarantee, to ensure that its officers, directors, employees, agents and/or representative to exercise their prudence and due diligence in handling the personal data and information submitted by Job Seekers and against any unauthorized or accidental access, processing or erasure of the personal data and information.

14. Severability

    • The provisions of these Terms of Use shall be enforceable independently of each other and the validity of each provision shall not be affected if any of others is adjudicated as invalid. In the situation of any provision or any part of a provision of Terms of Use is determined to be or becomes illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions or remaining part of the provision of the Terms of Use shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision or part of a provision, there shall be added as part of the Terms of Use one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.

15. Data Protection

    • Whilst GigGik cannot guarantee absolute protection of data without risk of breach, we have committed strong effort, including but not limited to encryption on personal and sensitivity data; protection against malicious user; against unauthorized access; minimize data loss; against system vulnerability; avoid delegating pitfalls; against hardware/software failure with backup; disaster recovery plan and network protection.
    • You agree that you submit your data to GigGik or the Website with a complete understanding that it carries risk of breach, despite all efforts we put.
    • You also agree not to cause, directly, indirectly or inadvertently, any data breach against GigGik or to the Website and you shall indemnify GigGik if your above mentioned action or inaction cause any loss, direct or indirect, to GigGik and/or the Website and/or other users.

16. Governing Law and Jurisdiction

    • This Terms of Use and any dispute or matter arising from or incidental to the use of GigGik’s Website shall be governed by the laws of the Hong Kong Special Administrative Region and You and GigGik agree to submit to the exclusive jurisdiction of the court of the Hong Kong Special Administrative Region.

17. Excluded Use and International Use

    • If You are excluded by your countries or applicable laws to use the Website, for any reasons such as age limitation to work, process for Job Seeking or Offering, or any other reasons, you must leave the Website.
    • GigGik makes no promise that materials on the Website are appropriate or available for use in your location, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website from your location, you do so on your own initiative and are responsible for compliance with local laws.

18. Miscellaneous

    • You may not transfer any of your rights under this Terms of Use to any other person. GigGik may transfer our rights under this Terms of Use to another business where GigGik reasonably believes your rights will not be affected.
    • Notices to GigGik should be sent to the address listed on the Website.