Terms & Conditions
Terms of Use Agreement
Services provided by Asia Petroleum Jobs through the Site therein shall be available to Candidates or other users such as Recruiters. Access to and use of the contents and services provided on the Site shall be subject to the term and conditions which are set out below (“Terms of Use Agreement”) and the Privacy Statement (“Privacy Statement”). For further details about Asia Petroleum Jobs’ Privacy Statement, please click on this link.
This Agreement is made between the Asia Petroleum Jobs and Recruiter(s)/Candidate(s)/you/user(s), the Site visitor and/or registered user. We reserve the right at any time to:
Change the terms and conditions of this Agreement, including eliminating or discontinuing any content on or feature of the Site, restricting the hours of availability or limiting the amount of use permitted; or Change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof. Any changes APJ make will be effective immediately upon notice, which APJ may provide by any means including, without limitation, posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, user agree to sign a non-electronic version of this Agreement.
If you do not accept either or both of the Terms of Use Agreement and/or the Privacy Statement, please do not join, access, view, download or otherwise use any services offered by Asia Petroleum Jobs via the Site. By your continued use of the Site, you acknowledge that you have read and understood the Terms of Use Agreement and the Privacy Statement and that you agree to be bound by all of its provisions. Asia Petroleum Jobs reserves the right to amend, add to, delete or revise the Privacy Statement and the Terms of Use Agreement at any time without prior notice. You are advised to periodically review the Privacy Statement and the Terms of Use Agreement. Your access to the Site and Asia Petroleum Jobs services will be terminated upon your notice to Asia Petroleum Jobs that any change is unacceptable; otherwise your continued use shall constitute your acceptance of all changes and they shall be binding upon you.
PLEASE READ THIS TERMS OF USE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THIS SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. Definitions
a. In these Terms of Use Agreement , the following terms shall have the respective meanings specified below unless the context otherwise requires:
“Recruiter” means user/advertiser/)/you/your company, who places a job/event/training course/workshop advertisement or promotes any job/training course related activities via the Site.
“Candidate(s)” means users/you, who seeking employment.
“User(s)” means Recruiter(s)/Candidate(s)/you(r), the Site visitor and/or registered user.
“APJ” means ASIAPETROLEUMJOBS.COM.
“Asia Petroleum Jobs” means Asia Petroleum Jobs Company Limited.
“Site” means any website, job portal or mobile application owned and operated by APJ and its affiliates/subsidiaries.
b. The terms “you”, “user” and “users” herein refer to all individuals and/or entities accessing and/or using the Site at any time for any reason or purpose.
2. Acceptable Site Uses
a. Specific Uses – Candidate
Candidate agrees that he/she shall only use the Site for lawful purposes and seeking employment.
Candidate agrees to keep his/her login name and password with care and not to disclose them to any other person. Candidate is solely responsible for maintaining the confidentiality, safekeeping and security of such login name and password and shall notify Asia Petroleum Jobs immediately of any unauthorized use of the same.
Candidate confirms and acknowledges that he/she discloses his/her personal data to the Recruiters and/or Asia Petroleum Jobs of his/her own volition when he/she applies for available job vacancies posted on or through the Site, and/or when Candidate uses the Site for purposes of submitting, uploading or posting his/her resume on the Site. By submitting, uploading or posting his/her resume on the Site, Candidate authorizes Asia Petroleum Jobs to store his/her resume and information or data related thereto in the database of Asia Petroleum Jobs (“Database”). Candidate may send his/her resume and the related information or data directly to any Recruiter who advertises on or through the Site. Alternatively, Candidate may send his/her resume and the related information or data to Asia Petroleum Jobs through the Site in reply to any job advertisement. In such event, Candidate’s resume and the related information or data will remain active on the Site and be stored in the Database at his/her own risk unless and until he/she chooses to delete them. Candidate acknowledges and agrees that his/her resume and the related information or data may be accessed by the Recruiters who have subscribed to the services of Asia Petroleum Jobs for the sole purpose of recruiting and assessing the suitability of Candidates. Asia Petroleum Jobs also reserves the right to reject, disapprove or edit any part of the Candidate’s resume and information or data related thereto as it sees appropriate and to erase any personal data which Asia Petroleum Jobs reasonably believes that such information or data are inaccurate, false, illegal, unlawful, infringe copyright / trademark / trade name / trade secret or infringe any other intellectual property rights or invade the privacy of the other having regard to the purpose (including any directly related purpose) for which the data are or are to be used.
Candidate acknowledges and agrees to Asia Petroleum Jobs’ practice of charging Recruiter a fee for access to the Site, the Database and/or Candidates’ resumes, details and information or data related thereto for the sole purpose of recruiting and assessing the suitability of Candidates and subject to the terms herein. Candidate also recognizes that he/she shall have no claims to any such fee received by Asia Petroleum Jobs.
Asia Petroleum Jobs will not release Candidate’s personal data to any Recruiter without his/her permission unless required by any authorized institution or obliged under the prevailing laws and regulations. Candidate acknowledges and agrees that Asia Petroleum Jobs will, if he/she so authorizes, release his/her resume (without his/her personal and contact information and name of his/her current employer) to Recruiter through the use of Asia Petroleum Jobs’ search engine or any other means for the sole purpose of enabling Recruiter to recruit and assess the suitability of Candidate s in relation to any job vacancy. Candidate agrees that Asia Petroleum Jobs and its associated companies may use his/her personal data (without his/her name, address and other personal identifiable information) for marketing purposes which may be directed to either potential Recruiters, their respective agents or anyone under their employ.
Although Asia Petroleum Jobs shall use its reasonable endeavors to restrict access to the Database only to the Recruiters and personnel of Asia Petroleum Jobs, it does not guarantee that other parties will not, without Asia Petroleum Jobs’ consent, gain access to the Database. Candidate may disable searching or viewing of his/her resume by the Recruiters at any time. However, Candidate acknowledges that the Recruiters and other parties who have otherwise gained access to the Database may have retained a copy of Candidate’s resume. Asia Petroleum Jobs is not responsible for the retention, use or privacy of resumes in these instances, or for the use or privacy of resumes by any of such parties while the resumes are in the Database.
Asia Petroleum Jobs will not be responsible or held liable in any way if any Recruiter or other user, in breach of the Terms of Use Agreement, whether in Thailand or elsewhere, uses the Candidate’s personal data, information or materials for any purpose other than for recruiting potential employees. Candidate accepts that all personal data, information or materials given to Recruiter or other users, or submitted on or through the Site, are given entirely at his/her own risk.
b. Specific Uses – Recruiter
Recruiter agrees that it shall only use the Site for lawful purposes and promoting any job related activities. If Recruiter has elected to also acquire Banner and Company Advertisement (“APJ Products”), these Terms of Use Agreement are to be read in conjunction with APJ Products’ specifications, which will be provided on request.
Upon payment of the service fee to Asia Petroleum Jobs or upon acceptance of any free trial promotion offer, Recruiter will be entitled to use the Site to advertise job vacancies and/or to create its own web page on the Site for a predetermined period following agreement of the predetermined service, save and except for free trial promotion offer. Subject to the conditions or requirements from time to time stipulated by Asia Petroleum Jobs regarding the access to Candidate’s information or data, Recruiter will be entitled to access the Database but agrees that all information or data obtained as a result of such access shall only be used for the sole purpose of recruiting and assessing the suitability of Candidates and that such information or data shall not be disclosed to any other parties without the prior consent of the Candidate concerned. Recruiter acknowledges and agrees that it shall disregard any information or data received from Candidate which is irrelevant to recruiting and assessing the suitability of Candidates.
Recruiter shall be solely responsible for the contents of and materials contained in its advertisement and/or web page posted on the Site. Asia Petroleum Jobs reserves the right to remove or edit, or require the removal or amendment of, any advertisement or web page as it sees appropriate, or to terminate or suspend the Recruiter’s access and use of the Site and/or services offered on or through the Site, in accordance with the agreement for such services between Recruiter and Asia Petroleum Jobs.
Asia Petroleum Jobs shall have the right to terminate any services offered to any Recruiter and to remove any advertisement and/or web page posted on the Site at Asia Petroleum Jobs’ sole discretion, without any compensation or recourse to Recruiter in the event that the relevant Recruiter or the contents of the relevant advertisement and/or web page is or are in breach of any of the provisions herein or any of the provisions in the Terms and Conditions of Sale or any APJ Products’ specifications; whereas, in the event that Asia Petroleum Jobs decides to remove an advertisement or web page for any reasons not relating to any breach of the provisions herein or any of the provisions in the Terms and Conditions of Sale or any APJ Products’ specifications, Asia Petroleum Jobs may after deducting the fees charged for the period that the advertisement or web page has been posted on the Site, refund the remaining fees (if any) to the relevant Recruiter.
From time to time APJ may invest in marketing campaigns to promote your employer brand (including but not limited to Google ads, Yahoo – Bing ads, Baidu ads, Facebook ads, Twitter ads, ad networks, Demand Side Platforms, Real Time Bidding, retargeting and other programmatic buying strategies) and acknowledge that such promotion may be outside the domain of APJ or its subsidiaries / affiliates.
Asia Petroleum Jobs also reserves the right to change the service fee or institute new charges or fees, from time to time, as it deems appropriate. In the event that any Recruiter fails to pay the service fee or any other fees or charges due to Asia Petroleum Jobs, Asia Petroleum Jobs reserves the right to suspend or terminate the Recruiter’s web page and/or advertisement and/or right to access the Database, without prejudice to all other rights and remedies available to Asia Petroleum Jobs.
c. Prohibited Uses – Users
Users agree(s) that: -
i. Candidate shall not post any non-resume related information or data and/or incomplete, false or inaccurate resume related information or data on the Site.
ii. Candidate shall not respond to any job vacancy advertisement for any reason other than to apply for the job advertised, and Recruiter shall not respond to any Candidate other than in connection with his/her application for a job. Any communications or use of the Site for any purposes other than recruitment purposes, including but not limited to soliciting of donations or business for any reason, are strictly prohibited.
iii. All users shall not use the Site in any manner that infringes the intellectual property rights or proprietary rights of others.
iv. All users shall not print, download, duplicate, transmit or otherwise copy, reproduce, re-distribute, republish or use any personally identifiable information about other users save and except that the Recruiters may use the Database and/or Candidates’ resumes and the information or data related thereto pursuant to Clause 1.b. as above. All unsolicited communications of any type to users are strictly prohibited.
v. All users shall not delete, revise or remove any material posted by any other person or entity.
vi. All users are prohibited from violating or attempting to violate the security of the Site including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mails, including promotions and/or advertisements for products or services. Violations of system or network security may result in civil and/or criminal liabilities.
vii. All users shall not upload, post, publish, transmit, distribute, circulate or store any material in whatsoever way relating to the Site (i) in violation of any applicable laws or regulations; (ii) in any manner that may infringe the copyright, trademark, trade secrets or other intellectual property rights or proprietary rights of others or violate the privacy or publicity or other personal rights of others; (iii) that is harmful, defamatory, libelous, obscene, discriminatory, harassing, threatening, abusive, hateful, racist, blasphemous, false, illegal, improper or is otherwise offensive or objectionable; (iv) in the manner that causes unrest in politics, religion, national security or stability Asia Petroleum Jobs; or (v) that contains viruses, trojan horses, worms, corrupted files or other materials or programs that may interrupt, damage or limit the functionality and operation of the Site, the services offered on the Site, or of any computer software or hardware or telecommunication equipment.
viii. All users are prohibited in using screen scraping, data mining, robots or similar data gathering and extraction tools on the Site for establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication, except with our prior written consent.
ix. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Site-related services.
3. Intellectual Property Rights
All contents of the Site, including without limitation, information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Site (collectively “Contents“) are the intellectual property of Asia Petroleum Jobs or its licensors and are protected by copyright, trademark, patent and other intellectual property laws. Users acknowledge and agree that the Contents are made available solely for their personal non-commercial use. Except as otherwise provided in this paragraph, users shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, disseminate, distribute, redistribute, 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. Users may download or copy the Contents solely for their personal non-commercial use and/or users that are expressly permitted in these Terms of Use Agreement, provided that users will not delete or amend any symbols or statements in the Contents that indicate the subsistence therein of copyright, trademark and any other proprietary rights. Users do not have any right, title or interest in or to any or any part of the Contents as a result of such downloading or copying Asia Petroleum Jobs reserves all its rights of enforcement of all its intellectual property rights or proprietary rights in the Contents, including without limitation against any use of any of the Contents that is not expressly permitted under the Terms of Use Agreement. For the avoidance of doubt, any purported consent of any third parties (including Recruiters) to the use of the Contents or any part thereof shall not in any way exonerate the users from the restrictions/prohibitions imposed hereunder in whatsoever manner.
4. Responsibility
Asia Petroleum Jobs reserves the right to monitor the Site and its contents at any time, but is not obliged to do so. Asia Petroleum Jobs takes no responsibility whatsoever for any material on the Site that is not posted by Asia Petroleum Jobs or is otherwise posted by Asia Petroleum Jobs on behalf of a user. All users acknowledge and agree that they are fully responsible for the form, content and accuracy of any resume, information, data, advertisement, web page and/or material submitted by them to Asia Petroleum Jobs or that is otherwise posted by them on or through the Site. Asia Petroleum Jobs does not warrant that any resume, information, data, advertisement or web page will be viewed by any specific number of users or that it will be viewed by any specific user or result in successful recruitment of personnel. Asia Petroleum Jobs shall not in any way be considered an agent of either Recruiter or Candidate with respect to any use of the Site. Asia Petroleum Jobs shall not be responsible in any way for any decision, for whatever reason, made by any party seeking or posting jobs on the Site, or of any party responding to or posting advertisements on the Site. Whilst Asia Petroleum Jobs has endeavored to provide a quality service to recruiters and candidates, it does not warrant that the Site will operate error-free or that the Site and its server are free of viruses or other harmful mechanisms, that any defects will be corrected, or that the operation of the Site will be uninterrupted, timely or secure. If use of the Site or its contents result in the need for servicing or replacing equipment or data, by any User, Asia Petroleum Jobs shall not be responsible for those costs and any loss or damage of whatever nature. The Site and its contents are provided on an “as is” basis without any warranties of any kind. To the fullest extent permitted by law, Asia Petroleum Jobs disclaims all warranties, including without prejudice to the foregoing, any warranties in respect of merchantability, availability of featured products or services, non-infringement of third party rights, fitness for particular purpose, or about the accuracy, reliability, completeness, timeliness or other qualities of the Site and the contents, services, software, text, graphics and links contained therein. Users should independently assess and verify the accuracy, completeness and reliability of the information on the Site and to seek professional advice where necessary.
5. Own Risk
All users use the site and any other websites accessed through it, entirely at their own risk. All users shall be responsible for their own communications and are responsible for the consequences of their activities on the Site. Asia Petroleum Jobs does not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by other users or endorse any opinions expressed by users. Any reliance by users on any material posted by other users shall be at their own risk. Asia Petroleum Jobs reserves the right to expel any users and prevent their further access to the Site at any time for breaching the Terms of Use Agreement or violating the laws and regulations and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate at Asia Petroleum Jobs’ sole discretion without notice and/or consent whatsoever.
6. Links to Other Websites
This Site may contain links to other web sites operated by third parties. These are provided solely as a convenience to users and as Internet navigation tools, and not in any way as an endorsement by Asia Petroleum Jobs of the contents on such third-party websites. Unless otherwise stated on the Site, Asia Petroleum Jobs has no control over or rights in such third-party websites and is not responsible for their availability or security. If users access any linked third-party websites, they do so entirely at their own risk. Asia Petroleum Jobs shall not be responsible for the contents of any third-party websites linked to the Site or any links contained in such third-party websites or any changes or updates to the above, and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party websites. Asia Petroleum Jobs shall not be responsible or liable 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. Users acknowledge that the APJ neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. Users also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with the APJ. Further, any data or materials posted on the Site by any user may be viewed by users of other websites linked to the Site and Asia Petroleum Jobs shall not be responsible for any improper use by any user or third-party other than Asia Petroleum Jobs of any data or materials posted on the Site.
7. Indemnity
All users agree to indemnify and hold harmless Asia Petroleum Jobs and its associated companies, officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or relating to users’ use of the Site or its contents or the users’ breach of the Terms of Use Agreement, to the fullest extent permitted by applicable law. This indemnification shall be in addition to all other obligations of users under the Terms of Use Agreement, and shall not prejudice any other rights or remedies available at law to Asia Petroleum Jobs.
8. Disclaimer Warranty Information; Disclaimer
To the fullest extent permitted by applicable law, Asia Petroleum Jobs 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 such users’ use of or inability to use the Site and its contents, including without limitation any 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 Site.
APJ and its subsidiaries, affiliates, suppliers, and agents do not warrant that your use of the site or the software will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site (or the server(s) on which it is hosted) or software are free of viruses or other harmful components. User acknowledge that user are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. User assume total responsibility and risk for your use of the site and the software and your reliance thereon. No opinion, advice, or statement of APJ. Or its subsidiaries, affiliates, suppliers, agents, registered users, or visitors, whether made on the site, or otherwise, shall create any warranty. Your use of the site and any materials provided through the site are entirely at your own risk.
User acknowledge that the Site could include inaccuracies or errors, or materials that violate these Terms of Use Agreement. Additionally, user acknowledge that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although the Asia Petroleum Jobs attempts to ensure the integrity and the accuracy of the Site, it makes no guarantees whatsoever as to the Site's completeness or correctness. In the event that such a situation arises, please contact APJ at [email protected]. APJ will try to address your concerns as soon as reasonably practicable.
The Site is only a venue allowing for the posting by Recruiters, recruiters and staffing agencies of available job opportunities at their companies or companies they represent (hereinafter referred to collectively as “Recruiter(s)”) and by Candidates of their own resumes; the posting by sellers of advertisements for new and used energy and mining industry equipment and machinery; the posting by companies in the energy and mining industry of information related to their companies; the posting of energy and mining industry events, news, analysis and commentary, and other information related to the energy and mining industry. APJ does not evaluate or censor the resumes, job listings, equipment and machinery advertisements, company information, events or other information posted to the Site. Moreover, APJ is not involved in the actual transaction, if any, between potential Recruiters and Candidates, or potential buyers and sellers, or between any other users of the Site. Consequently, we have no control over the quality, safety, legality, truth or accuracy of the job listings or resumes, advertisements, company information, events or other information posted to the Site, or the ability of Recruiters to hire Candidates, or the ability of Candidates to fill job openings, or the quality or availability of any equipment and machinery advertised on the Site.
User(s) release Asia Petroleum Jobs and APJ (and its subsidiaries, affiliates, agents and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. User(s) acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons or people acting under false pretenses, associated with pursuing relationships begun on the Internet. User(s) assume all risks related to dealing with other users with whom User(s) have had contact through the Site.
User(s) acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job listing, advertisement, event, company profile or other material User(s) post to the Site. APJ neither warrants nor guarantees that a resume, job posting, advertisement, company profile, event or any other information User(s) post to the Site will be viewed by any specific number of users, or that a resume, job posting, advertisement, event, company profile, or any other information User(s) post to the Site will be viewed by any user. APJ are not to be considered as an employer or broker with respect to User(s) use of the Site and Asia Petroleum Jobs shall not be responsible for any employment or other decisions made by any entity posting job listings or resumes or any other information to the Site.
APJ and its subsidiaries, affiliates, suppliers, and agents do not warrant that your use of the site or the software will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site (or the server(s) on which it is hosted) or software are free of viruses or other harmful components. User acknowledge that user are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. User assume total responsibility and risk for your use of the site and the software and your reliance thereon. No opinion, advice, or statement of APJ. Or its subsidiaries, affiliates, suppliers, agents, registered users, or visitors, whether made on the site, or otherwise, shall create any warranty. Your use of the site and any materials provided through the site are entirely at your own risk.
User acknowledge that the Site could include inaccuracies or errors, or materials that violate these Terms of Use Agreement. Additionally, user acknowledge that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although the Asia Petroleum Jobs attempts to ensure the integrity and the accuracy of the Site, it makes no guarantees whatsoever as to the Site's completeness or correctness. In the event that such a situation arises, please contact APJ at [email protected]. APJ will try to address your concerns as soon as reasonably practicable.
The Site is only a venue allowing for the posting by Recruiters, recruiters and staffing agencies of available job opportunities at their companies or companies they represent (hereinafter referred to collectively as “Recruiter(s)”) and by Candidates of their own resumes; the posting by sellers of advertisements for new and used energy and mining industry equipment and machinery; the posting by companies in the energy and mining industry of information related to their companies; the posting of energy and mining industry events, news, analysis and commentary, and other information related to the energy and mining industry. APJ does not evaluate or censor the resumes, job listings, equipment and machinery advertisements, company information, events or other information posted to the Site. Moreover, APJ is not involved in the actual transaction, if any, between potential Recruiters and Candidates, or potential buyers and sellers, or between any other users of the Site. Consequently, we have no control over the quality, safety, legality, truth or accuracy of the job listings or resumes, advertisements, company information, events or other information posted to the Site, or the ability of Recruiters to hire Candidates, or the ability of Candidates to fill job openings, or the quality or availability of any equipment and machinery advertised on the Site.
User(s) release Asia Petroleum Jobs and APJ (and its subsidiaries, affiliates, agents and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. User(s) acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons or people acting under false pretenses, associated with pursuing relationships begun on the Internet. User(s) assume all risks related to dealing with other users with whom User(s) have had contact through the Site.
User(s) acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job listing, advertisement, event, company profile or other material User(s) post to the Site. APJ neither warrants nor guarantees that a resume, job posting, advertisement, company profile, event or any other information User(s) post to the Site will be viewed by any specific number of users, or that a resume, job posting, advertisement, event, company profile, or any other information User(s) post to the Site will be viewed by any user. APJ are not to be considered as an employer or broker with respect to User(s) use of the Site and Asia Petroleum Jobs shall not be responsible for any employment or other decisions made by any entity posting job listings or resumes or any other information to the Site.
9. Dealing with Recruiters
User’s communication or business dealings with, or participation in promotions organized by recruiters found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such recruiter. Asia Petroleum Jobs shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such dealings or as a result of the presence of the recruiters on the Site or as a result of the accuracy or truthfulness of any information or data posted by the recruiters.
Asia Petroleum Jobs assumes no responsibility or liability for any personnel selected by your company. Selection, retention or hire of any individual or entity is based solely on your company's investigation, verification and determination that such hire is suitable for your company's purposes.
Asia Petroleum Jobs assumes no responsibility or liability for any equipment or machinery obtained by your company. The purchase or any machinery or equipment is based solely on your company's investigation, verification and determination that such purchase is suitable for your company's purposes.
Your company agrees to and will hold the Asia Petroleum Jobs harmless from any claims, damages or losses incurred by your company or any other party as a result of your use of the APJ system.
Asia Petroleum Jobs assumes no responsibility or liability for any personnel selected by your company. Selection, retention or hire of any individual or entity is based solely on your company's investigation, verification and determination that such hire is suitable for your company's purposes.
Asia Petroleum Jobs assumes no responsibility or liability for any equipment or machinery obtained by your company. The purchase or any machinery or equipment is based solely on your company's investigation, verification and determination that such purchase is suitable for your company's purposes.
Your company agrees to and will hold the Asia Petroleum Jobs harmless from any claims, damages or losses incurred by your company or any other party as a result of your use of the APJ system.
Asia Petroleum Jobs assumes no responsibility or liability for any personnel selected by your company. Selection, retention or hire of any individual or entity is based solely on your company's investigation, verification and determination that such hire is suitable for your company's purposes.
Asia Petroleum Jobs assumes no responsibility or liability for any equipment or machinery obtained by your company. The purchase or any machinery or equipment is based solely on your company's investigation, verification and determination that such purchase is suitable for your company's purposes.
Your company agrees to and will hold the Asia Petroleum Jobs harmless from any claims, damages or losses incurred by your company or any other party as a result of your use of the APJ system.
User agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Site-related services.
While using the Site or Site-related services, you agree not to (without our prior written authorization) post or transmit (i) any incomplete, false or inaccurate biographical information or information that is not your own accurate resume (i.e., the resume of a living individual seeking employment on a full-time or part-time basis on his or her own behalf); (ii) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful, or that infringes on our or any third party's intellectual property or other rights; (iii) any chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication; (iv) any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component; (v) any trade secret of any third party; or (vi) any material, nonpublic information about companies without the authorization to do so.
Asia Petroleum Jobs assumes no responsibility or liability for any equipment or machinery obtained by your company. The purchase or any machinery or equipment is based solely on your company's investigation, verification and determination that such purchase is suitable for your company's purposes.
Your company agrees to and will hold the Asia Petroleum Jobs harmless from any claims, damages or losses incurred by your company or any other party as a result of your use of the APJ system.
User agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Site-related services.
While using the Site or Site-related services, you agree not to (without our prior written authorization) post or transmit (i) any incomplete, false or inaccurate biographical information or information that is not your own accurate resume (i.e., the resume of a living individual seeking employment on a full-time or part-time basis on his or her own behalf); (ii) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful, or that infringes on our or any third party's intellectual property or other rights; (iii) any chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication; (iv) any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component; (v) any trade secret of any third party; or (vi) any material, nonpublic information about companies without the authorization to do so.
a. Post/Communicate information, details, and advertisement/job promotion
While using the Site or Site-related services, you agree not to do any of the following without our prior written authorization:-
i. Post any inaccurate, untimely, stale, incomplete or misleading information.
ii. Post any employment opportunity or requirements that are inaccurate or not available with a verifiable company that is directly represented by your office.
iii. Post any employment opportunities that are not energy and mining related, or are outside an energy and mining related field or organization.
iv. Key code (by overuse of a skill set, term or definition within a job posting, profile, resume or otherwise in an effort to gain priority placement of a posting), copy other job postings as your own, post the same position multiple times on the Site or post multiple positions within one posting.
v. Allow job postings or employment requirements to remain posted on the Site for more than 24 hours after they are no longer viable or valid. To the extent that a position is placed on "hold" or is otherwise not available for immediate placement, the posting must be removed from the Site until such time as the position is a viable opening.
vi. Post any employment opportunity that does not contain a company URL, e-mail address or "apply online" application.
vii. Post any advertisements for machinery and equipment that is not energy and mining related.
viii. Allow equipment and machinery advertisements to remain posted on the Site for more than 24 hours after they are no longer available or valid.
ix. Post company profile information from a company that is not directly engaged in servicing the energy and mining industry.
x. Post personal websites, including without limitation resume sites, to the Asia Petroleum Jobs Directory.
xi. Post information about an event or training that is not directly related to the energy and mining industry.
xii. Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities.
xiii. Post or transmit any job or equipment advertisement or any other posting that does not comply with applicable law, including, but not limited to, United States federal, state and local laws relating to equal employment opportunity and employment eligibility verification; including post or transmit any job advertisement or posting that requires a visa as a condition of employment, or that requires United States citizenship or lawful permanent residence in the United States as a condition of employment, except when necessary to comply with law, regulation, executive order, or government contract.
b. Using information/details and password in the Site
While using the Site or Site-related services, you agree not to do any of the following without our prior written authorization:-
i. Place any contact information within a job posting that is different from or in addition to contact information provided when subscribing to the APJ service.
ii. Resell or make available to any person not expressly licensed by APJ, whether via phone, fax, e-mail, mail or any other medium, any of the APJ services or any information obtained therefrom, including without limitation the resumes or candidate information.
iii. Share passwords, login information or named user identification or otherwise allow multiple offices or users to access the APJ service on a basis that is other than what was originally subscribed for. A named user is defined as one unique user with one unique password. An office is defined as a location where a named user routinely accesses or uses the APJ service under express license from APJ.
iv. Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company.
c. Other
While using the Site or Site-related services, you agree not to do any of the following without our prior written authorization:-
i. Engage in spamming, flooding, soliciting or mass marketing via e-mail, direct mail, telephone, or otherwise to APJ users.
ii. Restrict or inhibit any other user from using and enjoying the Site and services, including, without limitation, by means of "hacking" or defacing any portion of the Site.
iii. Delete or revise any material posted by any other person or entity.
iv. Respond to a job listing, or any other posting, on behalf of anyone other than yourself.
v. Impersonate any person or entity, including, without limitation, an APJ employee or agent, a user of APJ's services, including a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.
vi. Express or imply that any statements you make are endorsed by us.
vii. Use the Site for any unlawful commercial, research or information gathering purposes.
viii. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
ix. Use any search engine, software, tool, electronic storage or retrieval device, agent or other device or mechanism, including without limitation browsers, spiders, robots, avatars or intelligent agents (collectively “Devices”) that is not approved by APJ to navigate, search or store information from the Site. Approved Devices include those made available by APJ on the Site, or other generally available third party web browsers, e.g., Mozilla Firefox, Google Chrome, Microsoft Internet Explorer, or generally available search engines, e.g., Google or Bing.
x. Remove any copyright, trademark, or other proprietary rights notices contained in the Site.
10. Dealing with Other Users
Notwithstanding Asia Petroleum Jobs uses its best endeavors to provide impartial job seeking and recruitment services, and represents a media supporting information exchanged between Recruiters and Candidates, Asia Petroleum Jobs will not be involved in dealings or disputes between Candidate and Recruiter and Asia Petroleum Jobs shall not be responsible or held liable for the quality, security and legitimacy of the recruitment service. Asia Petroleum Jobs does not warrant or guarantee the accuracy of the information and/or the resume provided by Candidate or of the recruitment advertisements provided by Recruiter. Asia Petroleum Jobs does not guarantee that Recruiter will be able to pay the relevant remuneration or that Candidate will be competent to take the job offered by the Recruiter. Should any dispute arise between Recruiter and Candidate, Recruiter and Candidate shall resolve such disputes between themselves and Asia Petroleum Jobs shall not be responsible and held liable for any disputes thereof.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Site-related services.
11. Limitation of Liability
Without prejudice to the above and subject to the applicable laws, the aggregate liability of Asia Petroleum Jobs to any user for all claims arising from or relating to his/her use of Asia Petroleum Jobs’ services and the Site shall be limited to the fees received by Asia Petroleum Jobs in respect of the services giving rise to such claims.
12. Termination
In the event that any information provided by the user is inaccurate, in breach of any laws or contains indecent elements, Asia Petroleum Jobs shall instantly abrogate the user’s account and membership without notice and reserves the right to take any action as it considers appropriate, desirable or necessary, including but not limited to taking legal action against such user. Asia Petroleum Jobs reserves the right at any time to immediately terminate or suspend any user’s account or access to the Site without notice, where Asia Petroleum Jobs is of the opinion that the user has breached any of the Terms of Use Agreement or violated any law or regulation, and to take further action as Asia Petroleum Jobs in its sole discretion considers appropriate, desirable or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate. Asia Petroleum Jobs shall have the sole and absolute discretion to decide whether the user, Candidate or Recruiter has breached any of the Terms of Use Agreement, and such decision shall be final. In case Asia Petroleum Jobs has not exercised the right under this Clause, it shall not be deemed to be a waiver.
13. Modification to Access or Site
Asia Petroleum Jobs reserves the right at any time and from time to time to modify, change, suspend, discontinue or restrict; (a) users’ access to, either temporarily or permanently, the Site (or any part thereof); or (b) the whole or any portion of this Site (and the services provided therein), with or without notice. Asia Petroleum Jobs shall not be liable to users or to any third party for any such modification, change, suspension, discontinuation or restriction.
14. Security Measures
Asia Petroleum Jobs will use its reasonable endeavors to ensure that its officers, directors, employees, agents and/or contractors exercise their prudence and due diligence in handling the personal data submitted by Candidate and that access to and processing of the personal data by such persons is on a “need-to-know” and “need-to-use” basis. Asia Petroleum Jobs will use its reasonable endeavors to protect Candidates’ personal data against any unauthorized or accidental access, processing or erasure of the personal data.
15. Governing Law and Jurisdiction
Terms of Use Agreement and any dispute or matter arising from or incidental to the use of the Site shall be governed by and construed in accordance with the laws of Thailand.
At Asia Petroleum Jobs’ sole discretion, any dispute, controversy or claim arising out of or relating to the Terms of Use Agreement including any question regarding its existence, validity, invalidity, breach or termination thereof, may be settled by arbitration in accordance with the Thai Arbitration Rule and Court as at present in force.
16. Force Majeure
Without prejudice to the provisions of these Terms of Use Agreement limiting or disclaiming liability, Asia Petroleum Jobs is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts and non-performance of third parties.
17. Entire Agreement
The Terms of Use Agreement shall constitute the entire agreement between user and Asia Petroleum Jobs relating to his/her/its use of the Site, and shall replace and supersede all other communications (be it written or oral), discussions, letters and contracts relating to the subject matters hereof.
18. Severability
The provisions of the Terms of Use Agreement shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event that any provision or any part of a provision of the Terms of Use Agreement 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 Agreement 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 Agreement one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
19. Language
Terms of site preparation, writing and agreed to in English. Which is to be enforced in the diagnostic interpretation. As defined under applicable laws and regulations in force. Terms of Use Agreement of this site may be translated into other languages. In the event of any inconsistency between an English version and a translation in another language. According to the English version and translations in other languages will be updated accordingly to reflect the meaning of the English version. User hereby represents that it has read and understood the Terms of Use Agreement of website content in English of these Terms of Use Agreement.
20. Variation of Terms
APJ may vary these Terms at any time. If APJ varies these Terms, it will provide notice by publishing the varied Terms on the Site.
You accept that by doing this, APJ has provided you with sufficient notice of the variation to its Terms.
21. Other document
a. “Package for Recruiter / Sponsor or Recruiter Package”
means a Job Advertisement Package purchased online via the Site or via the APJ sales team by a Recruiter which has been approved by APJ, at its ultimate discretion, as a package qualifying the Recruiter to access contact information on Resume/CV of Candidates and job posting to be Hot Job.
Hot Job
Hot Job is one of main products that APJ provides to Recruiter who are looking for the qualified candidates via the Site. Without limiting the generality of Clause 10(a) in Terms and Conditions of Sale, Asia Petroleum Jobs does not warrant or guarantee:
i. the truth, accuracy, reliability or completeness of resumes, listings, advertisements, or other information or content submitted by users of its Site (“User Content”), and such User Content should be used, accepted and relied upon only with care and discretion and at the Recruiter’s own risk; or
ii. that any Resume/CV or Hot Candidate will be viewed by any specific number of persons or by any specific user or will result in successful recruitment of personnel.
b. “Package for Candidate or Candidate Package”
means a Package purchased online via the Site or via the APJ sales team by a Candidate which has been approved by APJ, at its ultimate discretion, as a package emphasize your Resume/CV outstanding to be Hot Candidate.
Hot Candidate
Hot Candidate is main product that APJ provides to Candidate who are looking for the petroleum jobs and would like to emphasize your Resume/CV outstanding among other candidates. Without limiting the generality of Clause 10(a) in Terms and Conditions of Sale, Asia Petroleum Jobs does not warrant or guarantee:
i. the truth, accuracy, reliability or completeness of job posted/promoted, listings, advertisements, or other information or content submitted by users of its Site (“User Content”), and such User Content should be used, accepted and relied upon only with care and discretion and at the Recruiter’s own risk; or
ii. that any Job Posting/Promoted will be viewed by any specific number of persons or by any specific user or will result in successful recruitment of personnel.
c. “Site”
Terms and Conditions of Sale
Terms And Conditions of Sale, Terms of Use Agreement and Privacy Statement, shall govern the provision of Services listed at the Site by Asia Petroleum Jobs to the Recruiter.
1. Definitions
In these Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
"Recruiter" means user/advertiser/)/you/your company, who places a job/event/training course/workshop advertisement or promotes any job/training course related activities via the Site.
"Conditions" means these Terms and Conditions of Sale.
"Contract" means a contract for sale between Asia Petroleum Jobs and the Recruiter of the Services formed in accordance with Clause 5(c).
"Expiry Date" means the date on which the posting or publication of a Job Posting or Hot Candidate expires as specified on an Order and confirmed by Asia Petroleum Jobs pursuant to Clause 5(c).
"Force Majeure Event" means any event or circumstance the occurrence and the effect of which Asia Petroleum Jobs could not reasonably prevent or avoid including:
i. explosion, fire, flood, war, earthquake, storm or other natural disasters;
ii. war, declared or undeclared, sabotage, insurrection, terrorist or criminal acts whether online or offline, riot or civil disturbance;
iii. import or export regulations or embargo or requisition restrictions regulations bye-laws prohibition or any acts or measures or any intervention of any governmental or regulatory authority;
iv. epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the authorities concerned or any governmental authority;
v. strike, lock-out, work stoppage or other industrial action or trade dispute (whether involving employees of Asia Petroleum Jobs or any other person); and
vi. telecommunication, network or Internet disruptions or interruptions.
"APJ" means ASIAPETROLEUMJOBS.COM
"Asia Petroleumjobs" means Asia Petroleum Jobs Company Limited
"APJ Profile" means a profile created by a Candidate on the Site which includes a summary of information regarding their career and work history to which they may attach their resume.
"Job Posting" means any recruitment advertisement, posting or notice for the Recruiter’s business in Oil&Gas.“Candidate(s)” means users/you, who seeking employment.
"Online Payment" means payment by any one or more of the following payment modes as may be designated by Asia Petroleum Jobs from time to time: Credit card, bank transfer and other designated payment modes.
"Order" means an online order placed via the Site by a Recruiter with Asia Petroleum Jobs for the Services in accordance with these Conditions.
"Parties" means Asia Petroleum Jobs and the Recruiter and “Party” means any one of them.
"Payment Processing Company or Candidate" means the applicable payment or card processing entity (including any banking institution) for the relevant Online Payment mode.
"Post Date" means the date on which a Job Posting or Hot Candidate is posted or published on the Site as specified on an Order.
"Service" means the service listed on the Site for which Asia Petroleum Jobs invites Orders in accordance with these Conditions, and includes the posting and publication of Job Posting on the Site.
"Service Package" means the Service package listed on the Site for which Asia Petroleum Jobs invites Orders in accordance with these Conditions.
"Site" means any website, job portal or mobile application owned and operated by APJ and its affiliates/subsidiaries.
"Third Parties" is defined in Clause 12(a).
"Validity Period" means the validity period of a Service Package as specified on an Order.
"Virus" means any computer virus, Trojan horse, worm, or other disabling, intrusive, malicious, destructive, corrupting or disruptive program, macro or device or other contaminants including but not limited to any codes or instructions.
i. Words using the singular or plural number also include the plural or singular number.
ii. Any reference to a “person” or “entity” includes a reference to an individual, a sole-proprietor, a partnership, an unincorporated association and a company.
iii. Any reference to a “Clause” is to a clause of these Conditions.
iv. The headings in these Conditions are inserted for convenience only and shall be ignored in construing these Conditions.
v. A reference to the word “include” or “including” shall not be construed as having any limiting effect.
2. Application and Effect
a. These Conditions, together with the Terms of Use Agreement andPrivacy Statement, shall govern the provision of Services listed at the Site by Asia Petroleum Jobs to the Recruiter.
b. In the event of any conflict, inconsistency or ambiguity between these Conditions, the Terms of Use Agreement and/or the Privacy Statement, the following descending order of precedence will apply: (i) the Privacy Statement, (ii) these Conditions, (iii) the Terms of Use Agreement.
c. By ordering the Services described on the Order, the Recruiter agrees to be bound by and accepts these Conditions.
3. Site and Services
Asia Petroleum Jobs reserves the right from time to time, without any liability or prior notice or consent, to change, modify, suspend, withdraw or cease to make available any or all Services from the Site or the whole or any portion of this Site, or to change its prices or specifications of any Service, including any information that may be required from the Recruiter.
4. Management Profile
a. Recruiters access to and use of Management Profile is governed by this Clause 4.
Authorithy to store and retain applications
Authorithy to store and retain applications
b. The Recruiter expressly authorizes APJ to store and retain, on its behalf, all Job Posting posted, applications submitted in response to such Job Posting and candidate profile purchased within the Management Profile in accordance with these terms and conditions/Terms of Use Agreement.
Access
Access
c. The Recruiter’s access to the Management Profile (and the functionality contained therein) will be via a secure login username and password issued to the Recruiter by Recruiter or APJ (Password) and the Recruiter is responsible for the use and security of the Password.
d. The Recruiter is responsible for:
i. providing APJ with the identity and contact details of individuals authorized to access the Management Profile on its behalf (authorized users);
ii. supervising the use of the Management Profile by the authorized users, and ensuring that such use is consistent with these Terms of Use Agreement; and
iii. any act or omission by a user in respect of the use of the Password (whether the use is by authorized users or any other person) and/or the use of the Management Profile that breaches these Terms.
License to use data
e. Except for information that is ‘personal information, all data stored on the site on the Recruiter’s behalf is owned by the Recruiter, and not APJ.
e. Except for information that is ‘personal information, all data stored on the site on the Recruiter’s behalf is owned by the Recruiter, and not APJ.
f. The Recruiter hereby grants APJ a perpetual, non-exclusive, irrevocable license to use any stored data to analyze user behavior on the Site and generally improve user experience.
Deletion of Data
g. Data stored by APJ on behalf of Recruiters in the Management Profile will be permanently deleted and removed from the Management Profile by APJ as follows:
g. Data stored by APJ on behalf of Recruiters in the Management Profile will be permanently deleted and removed from the Management Profile by APJ as follows:
i. Job Posting or Hot Candidate in the Management Profile – 2 years after the Post Date;
ii. candidate applications received in response to your Job Posting or Hot Candidate – 2 years after the Post Date; and
iii. candidate profiles purchased via Talent Search – 2 years after the date of purchase.
h. The Recruiter acknowledges that beyond these time frames it is the Recruiter’s responsibility to source alternative storage arrangements for any data it wishes to retain and that APJ is not responsible for the storage of any data on its behalf.
i. Except where APJ is unable to exclude its liability by legislation, APJ, its officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with Recruiter’s access and use of the Management Profile.
5. Orders
a. Recruiter shall indicate the Service and Service Package it wishes to order, at the price and in the currency specified by Asia Petroleum Jobs at the Site, by placing an Order on the designated online form at the Site and providing to Asia Petroleum Jobs all necessary information as may be required by Asia Petroleum Jobs at the Site. Recruiter warrants and undertakes that all information provided to Asia Petroleum Jobs is complete, true, accurate and up-to-date.
b. All Orders made by the Recruiter for one or more Service(s) shall be deemed to be an offer made by the Recruiter to purchase such Service(s) upon the terms of these Conditions and for the selected Service(s) set out in the Order.
c. Upon successful submission of an Order by the Recruiter and confirmation of receipt of such Order by Asia Petroleum Jobs, a binding Contract shall be formed upon the terms set out in these Conditions, the terms of the Order, and such other terms and conditions/Terms of Use Agreement as Asia Petroleum Jobs may impose as a condition of its acceptance of such Order.
6. Price & Payment
a. Unless otherwise stated on the Site, all prices for Service(s) and Service Package(s) are in US Dollar and all payment to Asia Petroleum Jobs shall be made in US Dollar. Please note that Asia Petroleum Job has no control over the exchange rate used by your credit card company or our payment gateway. If you have any concerns regarding the exchange rate used for your credit card transaction, please contact your credit card company directly.
b. Unless otherwise agreed by Asia Petroleum Jobs in writing, payment for the Services shall be made by the Recruiter or Candidate. Recruiter or Candidate in full by Recruiter or Candidate’s valid Online Payment before provision of the Services. The Recruiter shall be liable for full payment of the Service ordered even if the Service is cancelled or terminated before the Expiry Date.
c. Asia Petroleum Jobs shall not be liable for any errors in the pricing or specification of Services ordered by the Recruiter or Candidate that may appear at the Site.
d. The Recruiter or Candidate shall bear all applicable duties, tariffs and taxes (including but not limited to value-added tax) at the prevailing rates.
e. All Online Payments are subject to processing by Asia Petroleum Jobs’ payment service provider, the approval of the Payment Processing Company and the relevant paying bank. Asia Petroleum Jobs shall not be liable in any way if the payment service provider, Payment Processing Company or the paying bank refuses to process or accept any Online Payment particulars for any reason.
f. The Recruiter or Candidate agrees to submit such Online Payment or card information and other information as may be reasonably requested by Asia Petroleum Jobs or its payment service provider to process the Order, payment for the Order, and to arrange for invoicing. All card information will be received and processed directly by the payment service provider of the Recruiter or Candidate, and Asia Petroleum Jobs will not retain any card information. All information received and accessed by Asia Petroleum Jobs shall be subject to Asia Petroleum Jobs’ Privacy Statement. The Recruiter or Candidate agrees that Asia Petroleum Jobs shall not be liable for any loss, damage, or liability in the event of any unauthorized disclosure of such information by its payment service provider.
g. Asia Petroleum Jobs reserves the right to exercise its lawful remedies if a dispute or issue arises over Online Payments, or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the Payment Processing Company or the paying bank rejects or reverses payment for an Order, or if Asia Petroleum Jobs does not receive full payment for an Order. Asia Petroleum Jobs may in its discretion:
i. reject such Order;
ii. suspend or terminate the provision of Services specified in such Order; and/or
iii. claim against the Recruiter or Candidate for the full price of the Order as a debt.
h. The Recruiter or Candidate agrees that Asia Petroleum Jobs shall be entitled (without any obligation to deliver prior notice to or obtain consent from the Recruiter or Candidate) to set-off and deduct from any amounts due to the Recruiter or Candidate or any unutilized credits in a Service Package, all sums owed by the Recruiter or Candidate to Asia Petroleum Jobs under any and all Contracts and other agreements.
7. Service Packages & Credit
a. All credits in a Service Package must be utilized within the Validity Period. There will be no refund or carry forward of any unutilized credits, nor will Asia Petroleum Jobs permit any extension of the Validity Period.
b. If the Recruiter or Candidate purchases more than one Service Package, credit utilization will be based on a first to expire basis without any extension of time to utilize the remaining credits.
c. All credits in a Service Package must only be used by the Recruiter or Candidate and for the Recruiter’s own company or Candidate. The Recruiter shall not apply the unutilized credits for the benefit of any other company, including any subsidiary or related corporation of the Recruiter or Candidate. Sharing, reselling or transfer of unutilized credits in a Service Package is strictly prohibited, except with consent from Asia Petroleum Jobs. Asia Petroleum Jobs reserves the right to terminate the Services and Service Package immediately without liability or refund, where there is a breach of this Clause 7(c).
8. Job Posting
a. The Recruiter shall only submit, upload or publish Job Posting on the Site for its own company and no other person or entity. Each Job Posting is restricted to only one job role in the Recruiter’s company and one company logo. The Recruiter agrees to submit its company logo to Asia Petroleum Jobs and hereby authorizes Asia Petroleum Jobs to upload its company logo on behalf of Recruiter. Advertisements for multiple job roles or multiple companies within a single Job Posting is strictly not allowed.
b. The Job Posting will be published on the Site on and from the Post Date until the Expiry Date, unless in any case where the Job Posting is removed, suspended or terminated by Asia Petroleum Jobs in accordance with its rights under these Conditions. The Recruiter understands and agrees that Asia Petroleum Jobs has no control over any site other than the Site and shall not in any event be responsible or held liable for any expired Job Posting. Job Posting which appears on any site other than the Site or any expired Job Posting which is retrieved by any search engine.
c. The Recruiter undertakes to ensure that its Job Posting complies with all applicable laws, regulations, guidelines or policies, including but not limited to employment laws and regulations and any guidelines or policies issued by local authorities concerned/regulator.
d. Without limiting the generality of Clause 8(c), the Recruiter shall ensure, represent and warrant that:
i. all information contained in a Job Posting is true, complete, accurate and not misleading in any manner whatsoever;
ii. any selection criteria stated in a Job Posting is clear, objective and relevant and only relates to qualifications, skills, knowledge and experience, and NOT age, race, language, gender, marital status and religion, except where Clause 8(e) applies;
iii. the contents of any Job Posting , including any company trade mark or logo or graphics or other materials included in the Job Posting , does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party; and
iv. any links included in its Job Posting leads to its corporate website and that it will not include any links to third party websites in its Job Posting .
e. Where the Recruiter has to include a specific attribute in a Job Posting, which may be viewed as discriminatory, the Recruiter shall ensure that such an attribute is indeed a reasonable requirement for the job advertised in the Job Posting and that the reason for such requirement is clearly set out in the Job Posting.
f. By submitting, uploading or publishing a Job Posting on the Site, the Recruiter warrants and agrees that:
i. it is authorized to submit, upload and publish the Job Posting on the Site, and that it has obtained and will maintain all necessary approvals, licenses and consents required for the submission, uploading and publication of the Job Posting on the Site;
ii. all information, materials and attachments submitted through the Site or otherwise provided to Asia Petroleum Jobs shall be in compliance with all applicable laws and regulations;
iii. all information, materials and attachments submitted through the Site or otherwise provided to Asia Petroleum Jobs is free from any Virus;
iv. it will not use the Site or Services in a manner or for any purpose that is illegal, immoral or offensive;
v. it complies with and will continue to comply with all the terms set out in these Conditions, including Clauses 8(a), 8(c), and 8(d); and
vi. it is authorized to use its company logo and that the company logo does not infringe or violate any applicable laws and regulations, the intellectual property right or proprietary rights of a third party.
g. In the event that the Recruiter is in breach of Clauses 8(a), 8(c), 8(d), 8(e) or 8(f), Asia Petroleum Jobs shall be entitled to remove or amend the Job Posting from the Site based on its sole discretion and without any obligation to deliver a prior notice or obtain consent from the Recruiter and/or may require the Recruiter to amend any part of such Job Posting in accordance with its directions in order to comply with the Conditions before it permits the re-publication of the Job Posting on the Site. For the avoidance of doubt, Asia Petroleum Jobs shall have no liability for the removal or maintenance of such Job Posting and shall not be obliged to extend the publication period of such Job Posting on the Site.
h. Asia Petroleum Jobs reserves the right to suspend, reject, remove or cancel any Job Posting at its discretion without liability or refund, including where:
i. the Recruiter uses a company name and logo in the Job Posting, which Asia Petroleum Jobs believes does not belong to the Recruiter;
ii. the Recruiter includes a URL or hyperlink on its Job Posting which leads or otherwise re-directs the user to a third party website;
iii. the Recruiter includes a URL or hyperlink that is tagged to any other portal’s website address other than Asia Petroleum Jobs ;
iv. the Job Posting is discriminatory, offensive or misleading; or
v. the Job Posting otherwise in breach of any provisions of Clause 8(c) and Clause 8(d).
i. APJ allows Recruiter to manage The Status of Jobs Posting and Candidate in the “Manage Category Opening Job”:
The Status of Jobs Posting is the stage of Job Posting within the overall process of trying to get an employee. APJ have tools which candidate can track the status of job opening in the APJ website. There are 6 statuses as below;
- Application Open means the job posting is opened for applicant submissions until the closing date as indicated on each individual posting. This status will automatically show when a job was posted.
- Application Closed means recruiter/employer have Resumes/CV enough for this job position.
- Resume/CV Screened means each Resume/CV is reviewed during this stage to determine the suitability between their qualifications and the criteria required for the position. The employer is preparing for an interview.
- Employed means some candidate has been offered the job and that person accepted.
- Cancelled Job Post means job posting has been cancelled.
- Package Expired the package of job posting was expired. This status will automatically show when a recruiter package was expired.
j. The Status of Candidate is the stage of application within the overall process of trying to get a job. APJ have tools with which recruiter can manage their candidates or applicants. There are 6 statuses as below;
- Applied means the candidate has applied for this job.
- Resume/CV Being Selected means candidate is selected for interview.
- Interview Offer means the candidate has been contacted for an interview.
- Job offered means the candidate was offered the position.
- Not Selected means the recruiter/employer has screened Resume/CV/ applicants. The Candidate was not selected for an interview.
- Alternate means the employer has screened the Resume/CV/applicants. The Candidate was chosen as an alternate if a selected candidate is unable to attend the interview.
9. Banner Package
Channel of your company promoting on APJ Website. There are 3 actions of Banner Package as below;
a. Pending is the Banner Package was ordered and confirmed, the payment has not been paid yet, or the payment has been paid and await banner uploading.
b. Active is the payment has been paid and banner was uploaded on APJ Website.
Inactive the Banner Package was expired.
10. Hot Candidate
a. The Candidate shall only submit, upload or publish Resume/CV on the Site for its own Resume/CV and no other person or entity. Resume/CV is restricted to only one user in the one candidate. The Candidate agrees to submit him/her photo to Asia Petroleum Jobs and hereby authorizes Asia Petroleum Jobs to upload him/her photo on behalf of Candidate. Resume/CV for multiple Candidate or multiple user within a single Resume/CV is strictly not allowed.
b. The Hot Candidate will be published on the Site on and from the Post Date until the Expiry Date, unless in any case where the Hot Candidate is removed, suspended or terminated by Asia Petroleum Jobs in accordance with its rights under these Conditions. The Candidate understands and agrees that Asia Petroleum Jobs has no control over any site other than the Site and shall not in any event be responsible or held liable for any expired Hot Candidate. Hot Candidate which appears on any site other than the Site or any expired Hot Candidate which is retrieved by any search engine.
c. Asia Petroleum Jobs shall be entitled to remove or amend the Hot Candidate from the Site based on its sole discretion and without any obligation to deliver a prior notice or obtain consent from the Recruiter and/or may require the Recruiter to amend any part of such Hot Candidate in accordance with its directions in order to comply with the Conditions before it permits the re-publication of the Hot Candidate on the Site. For the avoidance of doubt, Asia Petroleum Jobs shall have no liability for the removal or maintenance of such Hot Candidate and shall not be obliged to extend the publication period of such Hot Candidate on the Site.
11. Indemnity
The Recruiter or Candidate shall indemnify, and hold harmless Asia Petroleum Jobs, its associated companies, officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or relating to Recruiter or Candidate’s use of the Services or Site or its contents or their breach of these Conditions, to the fullest extent permitted by applicable law.
12. No Warranties
a. The Site and Services are provided on an “as is” basis by Asia Petroleum Jobs and Asia Petroleum Jobs retains its absolute right to change or vary the Site design, taxonomy of the Site from time to time without prior notice. Asia Petroleum Jobs makes no warranty in respect of the Services or Site, express or implied, including any implied warranties of merchantability, satisfactory quality, compliance with description, fitness for a particular purpose and non-infringement, or that the Services or Site will be uninterrupted, timely or free from error or Virus and Asia Petroleum Jobs disclaims all such warranties to the fullest extent permitted by applicable law.
b. without limiting the generality of Clause 10(a), Asia Petroleum Jobs does not warrant or guarantee:
i. the truth, accuracy, reliability or completeness of resumes, listings, advertisements, or other information or content submitted by users of its Site (“User Content”), and such User Content should be used, accepted and relied upon only with care and discretion and at the Recruiter’s own risk; or
ii. that any Job Posting/Promote or Hot Candidate will be viewed by any specific number of persons or by any specific user or will result in successful recruitment of personnel.
13. Exclusion & limitation of liability
a. The Recruiter and Candidate acknowledges and agrees that Asia Petroleum Jobs only provides an online platform for Recruiters to publish Job Posting or Hot Candidate on the Site and for users to publish their resumes and information. Asia Petroleum Jobs does not endorse or recommend and has no control over any job seeker, employer, or other user of its Site and Services, or third parties (collectively “Third Parties“), including the misrepresentation, fraud, breach of contract, tortious or illegal acts or omissions of any Third Parties, and the Recruiter agrees and undertakes to use its own judgment and discretion in its dealings through the Site or Service.
b. In no event shall Asia Petroleum Jobs be liable to the Recruiter and Candidate or any third party for:
i. any acts or omissions of Third Parties, including any unauthorized copying, reproduction, adaptation, publication, distribution or other use of the Job Posting or Hot Candidate on any site except the Site;
ii. any decision made by the Recruiter or Candidate, Third Parties or other third party arising from or in connection with the use of the Site or Services;
iii. any information, tools, content or links which may be accessed or is otherwise made available on its Site or through its Services;
iv. any scheduled and unscheduled outages of web servers, equipment, wide area and local area networks, and telecommunications links, including suspension of the Site or any Service for maintenance;
v. slowdowns in server response times, server performance, or loss of bandwidth;
vi. security breaches and loss of data;
vii. any Virus;
viii. any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Conditions, or any loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if Asia Petroleum Jobs has been advised of the possibility of such loss or damage; orix, any act, neglect, omission or wilful default of a third party service provider or subcontractor of Asia Petroleum Jobs, regardless of whether such third party is authorized by Asia Petroleum Jobs.
c. The total liability of Asia Petroleum Jobs to the Recruiter for any and all claims whether by the Recruiter or by any other person and howsoever arising in connection with or arising out of the provision of Services or resulting from the breach of the Contract and/or these Conditions by Asia Petroleum Jobs shall not in any event exceed the fees received by Asia Petroleum Jobs. Asia Petroleum Jobs in respect of the Service giving rise to such claims.
14. Suspension and Termination of Services
a. The Recruiter agrees that Asia Petroleum Jobs has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate the Recruiter’s use or access to all or any part of the Services, and/or to terminate, deactivate or suspend the Recruiter’s account, without assigning any reason.
b. The Recruiter or Candidate agrees not to hold Asia Petroleum Jobs liable or responsible for any loss or damage incurred by the Recruiter or Candidate arising out of or in connection with the restriction, suspension and/or termination of the Service(s) or the Recruiter or Candidate’s account.
15. Force Majeure
a. Asia Petroleum Jobs shall not be liable for or be deemed to be in breach of the Contract and/or these Conditions by reason of any failure in performing any of its obligations under the Contract and/or these Conditions during any period in which performance is delayed by any Force Majeure Event.
b. Asia Petroleum Jobs shall notify the Recruiter or Candidate of any delay or failure arising through any Force Majeure Event and shall use its reasonable efforts to provide the Services as soon as practicable. The Recruiter or Candidate shall not terminate the Contract by reason of any such delay or failure.
16. Amendment
a. Asia Petroleum Jobs reserves the right to change these Conditions without prior written notice at any time, at Asia Petroleum Jobs’ sole discretion, by posting a copy of the amended Conditions on the Site. The amended Conditions shall be effective upon posting on the Site.
b. Any attempt to modify, supplement or amend these Conditions by the Recruiter or Candidate will be null and void, unless expressly agreed to in writing by Asia Petroleum Jobs.
17. Complete Contract
a. The Contract and these Conditions represent the entire understanding between Asia Petroleum Jobs and the Recruiter or Candidate concerning the sale and supply of the Services, and shall form the exclusive statement of all the matters covered by the Contract and these Conditions. Any and all previous course of dealings, written or oral understandings, discussions, representations, correspondence and communications between the Parties relating to the matters covered by the Contract and/or these Conditions are hereby superseded.
b. Any term or condition of the Recruiter or Candidate’s Order which is in any way inconsistent with or in addition to these Conditions shall not be applicable or binding on Asia Petroleum Jobs, unless otherwise agreed in a written agreement signed by Recruiter or Candidate and Asia Petroleum Jobs, and any failure by Asia Petroleum Jobs to object to the said term or condition shall not be considered a waiver of these Conditions.
18. Assignment
a. The Recruiter or Candidate shall not assign or otherwise transfer the Contract or any of its rights and/or obligations hereunder, whether in whole or in part without the prior written consent of Asia Petroleum Jobs. Any such unauthorized assignment shall be deemed null and void.
b. Asia Petroleum Jobs may assign or transfer the Contract or any of its rights and/or obligation hereunder, whether in whole or in part to a third party provided that Asia Petroleum Jobs is in the process of restructuring, rehabilitation, merger, acquisition or amalgamation with the other partner/party.
19. No waiver
No failure on the part of Asia Petroleum Jobs to exercise, and no delay on its part in exercising, any right or remedy under the Contract will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy by Asia Petroleum Jobs.
20. Illegality
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, such provision will be deemed amended to conform to applicable laws so as to be valid and enforceable, or if it cannot be so amended without materially altering the intention of the Parties, it will be struck out and the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
21. Rights of Third Parties
A person or entity who is not a Party to the Contract shall have no right to enforce any term of the Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of the Contract.
22. Governing Law, Jurisdiction and Enforcement
a. These Conditions shall be construed in accordance with and governed by the laws of Thailand without giving effect to any principles of conflicts of law.
b. At the Company’s sole discretion, any dispute, controversy or claim arising out of or relating to these Conditions including the validity, invalidity, breach or termination thereof, may be settled by arbitration in accordance with the Thai Arbitration Rule and Court as at present in force.
c. In the event of any inconsistency or discrepancies between the English version and the Thai version, the English version shall be prevailing and enforceable.
