MoSeeker User Agreement
Shanghai Daqi Network Technology Co., Ltd. (hereinafter referred to as “Daqi Company”) is responsible for operating MoSeeker’s recruitment website(http://www.moseeker.com/) and WeChat official account (MoSeekerMobile) (hereinafter referred to as “MoSeeker”). This Agreement shall have the legal effect between the registered user (hereinafter referred to as "user" or "you") and Daqi Company. MoSeeker hereby reminds you that before you register as MoSeeker 's user, you should carefully read and fully understand the terms of this Agreement, especially the terms related to the exemption and limitation of MoSeeker 's liability, the terms limiting the user's rights, etc. Please carefully read and choose to accept or not to accept this Agreement. If you have any questions about this Agreement, you should consult the customer service personnel of MoSeeker. Unless you accept all terms of this Agreement, you have no right to use the services provided by MoSeeker under this Agreement.
When you fill in the information according to the prompts on the page, read this Agreement and click confirm, or you actually use MoSeeker service in other ways provided by MoSeeker, it is deemed that you have fully agreed and accepted this Agreement, and are willing to be bound by this Agreement, and this Agreement will be established and take effect. If you promise to accept and abide by the agreement, you shall not claim that this Agreement is invalid or require to be revoked for reasons such as not reading the content of this Agreement.
In addition to the terms of this Agreement, you agree to abide by other rules and instructions issued or updated by MoSeeker from time to time.
1.1 The services provided by Moseeker include
MoSeeker has full copyright and all other derived rights to all icons, decorations, charts, colors, text expressions and their combinations, layout design and databases on its website. Furthermore, MoSeeker has exclusive right to publish and use the published information.
(1) MoSeeker provides browsing service for recruitment information. User can browse all kinds of recruitment information by using MoSeeker.
(2) MoSeeker provides regular job information. User can choose to accept or reject this kind of service.
(3) MoSeeker provides job search services. User can search jobs through MoSeeker to find the suitable job information.
(4) MoSeeker provides resume management services. User can fill in and make personal resumes online according to resume template provided by MoSeeker and export the generated PDF version of resumes, or user can upload local resumes or import the resumes stored in MoSeeker 's partners account to MoSeeker 's account.
(5) MoSeeker provides online resume delivery service. User can directly deliver personal resumes to recruiters who publish recruitment information on MoSeeker.
1.2 Unless otherwise expressly provided in this Agreement, the new functions and services provided by MoSeeker are governed by this Agreement. At the same time, MoSeeker has the right to require the user to comply with other specific conditions and terms other than this Agreement for a specific service content. In case of any conflict between the specific conditions and this Agreement, the specific conditions shall prevail.
1.3 User agreement
(1) MoSeeker has the right to modify, suspend or terminate any services provided by MoSeeker under this Agreement at any time;
(2) MoSeeker has no obligation to save or continuously display any information or content released by the user;
(3) MoSeeker will not assume any responsibility for the modification, suspension, termination of any services it provides under this Agreement or the continuous display of information released by user.
1.4 In order to use MoSeeker, the user must provide the necessary equipment (such as personal computer, mobile phone, modem or other necessary Internet device) and bear the required expenses (such as the telephone expenses, network expenses, mobile phone expenses, etc. related to the service paid for Internet access).
2. USER MANAGEMENT
2.1. User registration
User registration must pass mobile phone verification. After verification, an account with its name of the user's mobile phone number will be generated. One mobile phone number can only apply for one account.
2.2. Account number and password
After obtaining the account, user must set the account password, and user shall take full responsibility for the security of the account password. User shall not transfer or lend their account number and password to others. If the user finds that his account is illegally used by others or there is a security vulnerability, the user shall immediately notify MoSeeker. MoSeeker shall not bear any responsibility for the illegal use of user account and password caused by hacker behavior or user's custody negligence, and user shall bear the loss caused thereby.
User preserve keeping the account and password on MoSeeker. MoSeeker identifies user's instructions through user's account and login password. User confirm that all behaviors on MoSeeker after logging in user's account and password represent the user himself, and the user shall take full responsibility for all behaviors with his user account. The electronic information records generated by user registration or operation are all valid credentials of user behavior.
2.3. Suspension, interruption or termination of user qualification
This Agreement shall be terminated immediately when user no longer meets the conditions of the registered user's identity stipulated in this Agreement (including but not limited to no longer having Chinese citizenship, death, losing civil capacity, etc.) which makes this Agreement unable to continue to perform. The legal authorized representative, successor, guardian and immediate family member of user can apply to Moseeker for querying user’s information and other information registered on Moseeker after the summitting of supporting documents required by Moseeker. At the same time, Moseeker shall have the right to close user's account immediately.
MoSeeker shall have the right to suspend, interrupt, restrict or terminate the provision of all or part of the services under this Agreement to the user without any notice based on its reasonable judgment, and shall notify the user within a reasonable time thereafter without any liability to the user or any third party. The above situations include but are not limited to:
(1) When MoSeeker discovers that the user has any act of publishing false, illegal or illegal information;
(2) When MoSeeker discovers that the user uses the account to carry out illegal acts or infringe upon the rights of others;
(3) MoSeeker has reason to believe that the user has violated the rules and spirit specified in this Agreement;
(4) The third party uses or embezzles the user's account and password, or any other situation without the user's legal authorization;
(5) Other circumstances reasonably judged by MoSeeker.
Unless MoSeeker terminates this Agreement in accordance with the contract, user applies for termination of this Agreement and MoSeeker agrees, this Agreement shall remain valid. The suspension, interruption or termination of user's qualification does not mean the termination of the user's liability. The user shall still be liable for possible breach of contract or damages for its behavior during the use of MoSeeker service, and MoSeeker can still keep the user's relevant information and use and disclose it in accordance with the provisions of this Agreement.
3. USER RIGHTS
3.1 User can freely modify home page (avatar, name, gender, nationality, birthday, current residence and other information), resume and contact information in MoSeeker. No one other than the publisher of the information has the right to modify or delete the information published by others. MoSeeker has the right to modify or delete any inappropriate information according to its judgment.
3.2 Information permission settings
(1) Resume and homepage information
User can set three kinds of access rights to their resumes and home page information:
- a) Public display: anyone (including but not limited to enterprise HR personnel, MoSeeker personal user, MoSeeker enterprise user and non MoSeeker user) can search and access the personal resume and personal homepage information that user choose to publish.
- b) Open to HR only: only certified HR personnel of MoSeeker can search and access user's resume and homepage information.
- c) Completely confidential: no one but user can search and access the resume and personal homepage information. User can fill in the resume on MoSeeker, and find the position and deliver the resume by yourself.
(2) Contact information
MoSeeker tacitly confirm that user's contact information is only visible to human resources personnel of the enterprise, and user can change it by themselves.
3.3 Information push
MoSeeker may use user information to send information such as job recommendation or notification to user. If the user does not want to receive such information, he can choose to unsubscribe or cancel the setting according to the relevant prompt of MoSeeker. MoSeeker may issue relevant announcements to user when necessary (e.g. safety tips); User may not be able to cancel these service-related announcements that are not promotional in nature.
4. USER OBLIGATIONS AND COMMITMENTS
4.1 User represents and warrants that user is a natural person who complies with the laws of the people's Republic of China, has full capacity for civil conduct and rights, and can independently bear civil liability. If user does not have the above qualification, user shall immediately stop the registration procedure in Moseeker and stop using Moseeker’s service. Moseeker has the right to terminate user's registration process and the right of using Moseeker's service at any time. User shall be liable for all the losses caused by the registration, and user's guardian shall bear joint and several liability.
4.2 User agrees and promises that the scope of the user's use of Moseeker is limited to the personal profession search, user shall not use Moseeker for any other purpose, and shall not do the following acts:
(1) Publish incomplete, false or inaccurate resume information in the resume center.
(2) Publish information that is not a resume, such as see, notice, commercial advertisement or the other non-resume content.
(3) Respond to the position for Moseeker's competitors and use this method to seek business contacts with employers.
(4) Except for the publisher, delete or modify materials published by other individuals or companies.
(5) Unauthorized printing, reproduction, or other use of business information about employers.
(6) Contact with the person or company that posted the information through e-mail, call, post, or otherwise contact procedure without the consent of the person or company who public the information.
4.3 User agrees and warrants shall not use Moseeker for any other purpose engaged in infringement of other people's rights or illegal acts, and the violator shall bear all legal liabilities arising therefrom, the following acts including but not limited to:
(1) Dissemination of information which is suspected of infringing others' reputation, privacy, intellectual property rights or other legitimate rights and interests, and other information which violated laws or this Agreement;
(2) The commercial use of any data on Moseeker, including but not limited to the use of Moseeker's display materials in any way such as reproduction and dissemination without Moseeker's prior written consent;
(3) The use of any device, software or routine interference or any attempt to interfere with the normal operation of Moseeker or any activity being carried out on Moseeker or the behavior that will result in unreasonable large data load on Moseeker network equipment;
(4) Any illegal access means or data access methods that may interfere with the normal operation of Moseeker, including but not limited to contacting the unauthorized data or entering the unauthorized server or account, attempting to detect, scan or test the weakness of the system or network or damaging the security measures and forging the TCP / IP packet name or part of the name without permission, etc.;
(5) Violation of confidentiality obligations under laws or agreements;
(6) The act of embezzling another's account to use Moseeker’s service;
(7) Use the services provided by this website in any form to conduct any behavior against this website;
(8) Other acts deemed inappropriate by Moseeker with proper reasons.
4.4 Responsibility commitment
(1) If user has any of the situations listed in Article 4.1, 4.2 and 4.3 of this Agreement, Moseeker may unilaterally suspend, interrupt or terminate the service to user without notice, and the suspension interruption or termination shall not affect Moseeker's any other rights according to the law and this Agreement.
(2)User shall bear legal responsibility for his actions in using the service of Moseeker. The form of user's legal liability commitment includes but not limited to, compensation for the aggrieved person, and after Moseeker first bears the liability for administrative penalty or tort damage caused by user's behavior, user shall give Moseeker equivalent compensation.
5. PRIVACY PROTECTION AND AUTHORIZATION TERMS
5.1. Information protection and disclosure
Moseeker adopts industry standard practices to protect user's data. Moseeker will not sell or share the personal information provided t by the user due to the performance of this Agreement to any third party without the consent of the user, except:
(1) In case of emergency, in order to protect the rights and interests of user and the public;
(2) Having the authority to access information legally and access information from government departments or other institutions, such as public security organs and courts;
(3) The entity receiving the relevant rights and obligations of Moseeker;
(4) The third party agreed by user or the authorized representative of the user; and other situations agreed in this Agreement.
5.2. Analysis and utilization of user authorization database
User agrees and authorizes that, without the disclosing of the complete personal data of a single user, Moseeker has the right to collect, analyze or use user's relevant data (including but not limited to the data in the user's files held by Moseeker, other data obtained by Moseeker from the user's current and previous activities on Moseeker and the data collected by Moseeker through other ways). The user information collected by Moseeker may be used for information statistics, information summary, information analysis, customer information push, etc.
5.3. After successful registration, user can log in to Moseeker service through Moseeker recruitment website (http://www.moseeker.com) and WeChat official account (MoSeekerMobile). When user uses the Moseeker service through wechat, Moseeker may obtain user's nickname, wechat name, avatar and other public information, which user knows and agrees, and further authorizes Moseeker to use user's public information non-exclusively.
6. INTELLECTUAL PROPERTY PROTECTION
6.1. Scope of protection
The intellectual property rights of full contents on Moseeker, including but not limited to works, pictures, files, information, materials, Moseeker's structure, Moseeker's picture arrangement and web page design shall be owned by Moseeker or other right holders according to law, the intellectual property rights including but not limited to trademark rights, patent rights, copyright, trade secrets, etc.
6.2. Protection requirements
(1) Without the written consent of Moseeker or other right holders, user shall not:
- a) Unauthorized use, modification, reproduction, public dissemination, change, distribution, distribution or public publication of Moseeker’s program or content;
- b) Download (except for page caching) or modify Moseeker or any part thereof;
- c) Copy, imitate, sell, resell, visit or otherwise use Moseeker or any part of it for any commercial purpose.
(2) The pictures, words, music, photos, graphics and other contents uploaded and released by the user to Moseeker shall be deemed as the free and non-exclusive license of the content copyright granted by the user, and Moseeker shall have the right to copy, modify and publish the above contents for the purpose of providing services under this Agreement.
6.3. Responsibility Commitment
User shall be fully responsible for any claim or any damage or loss caused by any third party arising from any release made by the user on Moseeker.
7. SCOPE AND LIMITATION OF MOSEEKER'S LIABILITY
User understands and acknowledges that Moseeker cannot and shall not be liable for the following risks:
(1) Moseeker cannot and shall not be obliged to conduct any form of reviewing, verification or control over the information (such as position information) not released by Moseeker itself, nor shall Moseeker undertake any form of certification and appraisal services. Moseeker cannot fully guarantee the authenticity, sufficiency, reliability, accuracy, integrity and effectiveness of the content on Moseeker. When user use the information not published by Moseeker for position selection and resume delivery, please keep cautious, and contact the information publisher after fully understanding the position information. If any losses to the user due to the fabrication, concealment, deception and other behaviors of the information issuer, Moseeker shall not bear any losses arising therefrom, and the information issuer shall bear all legal liabilities independently for the information it publishes, and Moseeker can assist user in rights protection;
(2) Moseeker shall not bear any legal responsibility for the authenticity, accuracy and legality of format of user's resume and personal homepage information. User shall bear all legal responsibilities independently for the authenticity, accuracy and legality of the format of their resumes and home pages;
(3) Moseeker takes the industry's usual measures to protect the security of user information and account, but Moseeker cannot be sure or guarantee the security of any personal information and account, such as the loss of points in the account and the disclosure of user's personal information caused by hacker attack, etc., user shall bear the risk on his own;
(4) Based on the particularity of Internet service, Moseeker shall not guarantee that the service can keep uninterrupted nor the timeliness and/or the security of the service. When the system fails to operate normally due to relevant conditions, which makes user unable to use any Moseeker’s service or suffer any impact when using any Moseeker service, Moseeker shall not be liable to user or any other third parties. The above conditions included but not limited to:
- a) During the shutdown and maintenance of Moseeker system;
- b) The failure of transmission of data due to telecommunication equipment breakdown;
- c) Any interruption and delay of Moseeker’s service caused by hacker attack, technical adjustment or failure of network supplier, website upgrade, bank problems etc.;
- d) Any inability of Moseeker’s business due to typhoon, earthquake, tsunami, flood, power failure, war, terrorist attack and other force majeure factors.
(5) Any loss or liability caused by user's own reasons shall be borne by user, and Moseeker shall not be liable, including but not limited to:
- a) Any loss or liability caused by user's failure to operate in accordance with this Agreement or any rules published by Moseeker from time to time;
- b) Any loss or liability caused by unclear, ambiguous or incomplete information published by user；
- c) Any loss or liability caused by user's mis-operation or other user's own reasons which leads to mistaken deletion or any failure of uploading and storage towards the information issued by user;
- d) Losses caused by user's decision-making error, improper operation, password forgetten or leakage, password crack, computer system intruded by a third party, malicious or improper operation of agents authorized by user;
- e) Any other loss or liability caused by user.
8. EFFECTIVENESS AND AMENDMENT OF THIS AGREEMENT
8.1. Effectiveness of the Agreement
When user fills in the information, reads and agrees this Agreement according to the prompts on the registration page, and completes all the registration procedures, or user actually uses the service of Moseeker in any other ways permitted by Moseeker, it is deemed that user has fully agreed to and accepted this Agreement, and is willing to be bound by it, and this Agreement is established and takes effect.
8.2. Addendum and Modification of this Agreement
This Agreement may be updated by Moseeker at any time without further notice. All amended agreements form parts of this Agreement. User is obliged to follow and read the latest version of this Agreement from time to time. If user disagrees with the updated Agreement, it shall immediately stop accepting all services provided by Moseeker; if user continues to use the service, it shall be deemed that it agrees with the updated Agreement. User shall pay attention to and abide by the applicable terms when using the relevant service.
9. APPLICATION OF LAW
The law of the people's Republic of China shall apply to the conclusion, validity, interpretation, performance and dispute resolution of this Agreement.
10. DISPUTE RESOLUTION
All disputes and disputes arising from or in connection with this Agreement shall be settled by both parties through negotiation. If no agreement can be reached through consultation, one can submit the dispute to the people's court with jurisdiction where Daqi company is located for settlement through litigation.
11.1. The title and serial number of this Agreement are set for convenience of reading, without affecting the actual meaning and effectiveness of the terms of this Agreement.
11.2. Once some provisions of this Agreement are deemed invalid or unenforceable, other provisions of this Agreement shall remain valid.
11.3. The Daqi company may transfer its rights and obligations under this Agreement to its affiliates.
11.4. The Daqi company shall have the final right to interpret this Agreement.
11.5. The version of this Agreement was issued in June 2016.