1. Terms of Use

  1. This page states the Terms and Conditions (the “Terms of Use”) under which you may use Fair Work as an online service to post and search employment opportunities and user resumes (the “Web Site”). By using this Web Site, you are indicating your acceptance to be bound by the terms of these Terms of Use. You are agreeing to use the Web Site at your own risk.
  2. Please read this page carefully. If you do not accept all the Terms and Conditions stated herein, you are not required to use this Web Site and you may not use any of our services. By accessing and using this Web Site, or by providing us with information relating to you or your company, you are indicating your acceptance to be bound by the provisions of these Terms of Use.
  3. This Web Site is operated by Agensi Pekerjaan Fair Work People Connect Sdn Bhd (Company No.: 202101011903), a company incorporated under the laws of Malaysia with a business address at E22A, 3, Lorong Bayan Indah 2, Bay Avenue, 11900 Bayan Lepas, Pulau Pinang (the “Company”, “Fair Work” “we”, “us” or “our”). We may revise, update, amend or modify these Terms and Conditions at any time by updating this posting on the Web Site. You should visit this page periodically to review the Terms of Use, because they are binding on you. The terms “you” and “User” as used herein refer to all individuals and/or entities accessing this Web Site for any reason.
  4. Users who violate these Terms may have their access and use of the Fair Work sites suspended or terminated, at Fair Work’s discretion.

2. Eligibility

  1. By visiting the Web Site or accepting these Terms of Use, you represent and warrant to the Company that you have the right, authority and capacity to use the Web Site and you are not below the age of majority as that is defined in your jurisdiction and agree to and abide by these Terms of Use. You also represent and warrant to the Company that you will use the Website in a manner consistent with any and all applicable laws and regulations.

3. Use of Fair Work’s Content

  1. The Company authorises you to view and download a single copy of the material or content available on fairwork.com and to access and use the Web Site and Fair Work’s Content (as defined below) and to download and print a single copy of the content available on or from the Web Site solely for your personal, non-commercial use.
  2. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site, including code and software. You must not use this Site for any purpose that is unlawful or prohibited by these Terms.
  3. The contents of the Web Site, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other Fair Work content (collectively, “Fair Work Content”), are protected by copyright under Malaysian laws. All Fair Work’s Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Web Site are the exclusive property of the Company and are protected by Malaysian laws.
  4. Your use of the Web Site gives you no rights in respect of Fair Work’s or its licensors’ copyrights, trademarks, trade secrets or any other intellectual property rights. Unauthorised use of any and all Fair Work’s Content may violate copyright, trademark, and other laws. You may not sell or modify the content of Fair Work or reproduce, display, publicly perform, distribute, or otherwise use the Fair Work Content in any way for any public or commercial purpose in connection with products or services that are not those of Fair Work, in any other manner that is likely to cause confusion among consumers or that otherwise infringes Fair Work ‘s intellectual property rights.

4. Website Restrictions

  1. Users shall not use any part of the Web Site in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation of Fair Work’s Content:
    • in violation of any applicable law or regulation;
    • in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
    • that belongs to another person and to which the User does not have any right to;
    • that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
    • harm minors in any way;
    • deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature;
    • impersonate another person or entity;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Company’s computer systems or site or Fair Work ‘s Users,
      customer’s computer systems or site; or
    • threatens the unity, integrity, defence, security or sovereignty of Malaysia, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
  2. The job posting and resume database features of the Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Users may not use the Web Site in order to transmit, distribute, store or destroy material:
    • in violation of any applicable law or regulation;
    • in a manner that will infringe the copyright, trademark, trade secret or
      other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or
    • that is defamatory, obscene, threatening, abusive or hateful.
  3. Users are prohibited from violating or attempting to violate the security of any Fair Work Web Site, including, without limitation:
    • accessing data not intended for such User or logging into a server or
      account which the User is not authorised to access;
    • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
    • attempting to interfere with service to any User, host or network,
      including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
    • sending unsolicited e-mails, including promotions and/or advertising of products or services; or
    • forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

5. Use of the Fair Work Services

  1. The job posting and other features of the Web Site may be used only for lawful purposes by individuals seeking employment and/or career information and by employers seeking employees. The term “post” as used herein shall mean information that you submit, publish or display on the Web Site. The term ‘’apply job’’ refers to sending your details of application to the employers for employment purpose only.

6. Specific Prohibited Uses

  1. The job posting and other features of the Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Fair Work specifically prohibits any other use of the Web Site, and all Users agree not to use the Web Site, for any of the following:
    • Transmit, post, distribute, store or destroy material, including without limitation Fair Work Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of Fair Work’s privacy policy;
    • Post any resume or apply for any job on behalf of another party; Defer any contact from an employer to any agent, agency, or other third party;
    • Set more than one copy of the same resume to public at any one time; Solicit passwords or personally identifiable information from other Users;
    • Post jobs or content on the Web Site that contain any hyperlinks, email addresses, HTML Tags, “hidden” keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited;
    • Post jobs for modeling or talent or talent scouting positions on the Web Site;
    • Post any jobs and/or advertisement and/or hiring methods on the Web Site which are discriminatory in nature and / or devoid of fair employment practice as per the applicable laws, regulations of Malaysia and / or any other rules, regulations and policy framed in this connection by concerned ministry of the Government of Malaysia;
    • Use the Web Site Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services;
    • Post or submit to the Web Site any incomplete, false or inaccurate biographical information or information which is not your own;
    • Post on the Web Site any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents;
    • Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of the Web Site;
    • Delete or revise any material posted by any other person or entity;
    • Take any action that imposes an unreasonable or disproportionately large load on any Web Site’s infrastructure;
    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site;
    • Aggregate, copy or duplicate in any manner any of the Fair Work Content or information available from the Web Site;
    • Frame or link to any of Fair Work’s Content or information available from the Web Site; or
    • Use of Fair Work’s Services for any unlawful purpose or any illegal activity, or to post or submit any content, resume, or job posting that is fraudulent, defamatory, libelous, implicitly or explicitly harassing or offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, or which is likely to offend or criticise any employee or group or portion of society, as determined by Fair Work ‘s discretion.
  2. Fair Work also specifically prohibits any use / insertion of any of the User’s URL, weblink, e mail address and website while posting any job on the Web Site and all Users agree not to use / insert any of the User’s URL, weblink, e mail address and website while posting any job on the Website. On non-conformance by users of any of the aforesaid terms, Fair Work may in its sole discretion, restrict or terminate the offending User’s ability to access the Web Site and determine whether to take any other actions whether to remove or request the removal of the User Content. Fair Work has no liability or responsibility to Users for performance or non-performance of such activities. Additionally, Fair Work has the right to initiate appropriate proceedings against the offending User as per law.

7. Registration Information

  1. When you register with any of the Web Site, you will be asked to provide Fair Work with certain information including, without limitation, a valid email address (your “Information”). In addition to the Terms of Use and any privacy policy applicable on this Web Site, you understand and agree that Fair Work may disclose to third parties, on an anonymous basis, certain aggregate information ontained in your registration application. Fair Work will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such Information is relevant. Please see the Company’s Privacy Policy for further details regarding what personal data we collect from you and the processing of your personal data when you access our Web Site or engage in our services. You should read our privacy policy, which may be updated occasionally, and understand how we use your Information and the rights that you have about your Information.
  2. Fair Work reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, Fair Work does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Web Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.

8. User Content and Submissions

  1. As a User, you are solely responsible for your Fair Work account information, content, messages, files, page layout and design, job listing or other information (“User Content”) that you submit, publish, post, input or display on the Web Site or transmit to other Users.
  2. By posting User Content to any public or non-public area of the Web Site, including but not limited to message boards, forums, contests and chat rooms, you automatically grant, and you represent and warrant that you have the right to grant, to Fair Work, its agents and any affiliates the royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers), non-exclusive right (including any moral rights) and fully paid, worldwide license to use, copy, reproduce, modify, conform, adapt, publish, transmit, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide by any means, including but not limited to automated processes (such as spiders, bots and similar data-mining devices) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Content, and to grant and authorise sublicenses thereof. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed the Web Site retains any and all rights that may exist in such User Content.
  3. Any email sent by an Employer to a jobseeker for any prospective job opportunity through the Web Site may be stored at the Fair Work account of the said jobseeker for at least a period of seven (7) days, to enable the said jobseeker to access the email, as sent by the Employer, to take a conscious decision about the job offer in the said email.
  4. Fair Work acts as a passive conduit for the online distribution and publication of the User Content and has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by users. However, Fair Work, in its sole discretion, reserves the right to expel users, suspend user accounts, and prevent their further access to the Web Site, with or without notice, for violating these Terms of Use or any applicable laws, rules or regulations and the right to remove User Content which is in violation of the Terms of Use or is abusive, illegal, disruptive, offensive or violates the rights of, harms or threatens the safety of users of the Web Site. In this event, Fair Work will review and delete or remove such prohibited User Content and/or bar further access to such User account, related information and files and our services on the Web Site in accordance with the procedure prescribed in the Malaysian Communication and Multimedia Content Code (“Content Code”) once Fair Work is notified by the Complaint Bureau that its user or subscriber is providing such prohibited content on its Web Site or in aforesaid violations and Fair Work is able to identify such user or subscriber.
  5. Fair Work reserves the right to archive the user content folders which have not been accessed for a period of 6 months or more by the relevant users from its last access. In such an event, users will be able to access the archive folders with minor limitations including but not limited to non-availability of options to move to another folder, or renew jobs associated with the said folders.
  6. Fair Work may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Fair Work or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
  7. The following is a list of User Content that is prohibited on the Web Site. The list is for illustration purposes only and is not a complete list of all prohibited User Content which is implicitly or explicitly offensive. You must not do the following things:
    • post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it, providing or making available information to circumvent manufacture-installed copy-protect devices;
    • post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
    • post material that engages in, endorses or promotes racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual;
    • post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person, group or entity;
    • post material which promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    • display or link to pornographic, indecent or sexually-explicit images or statements of any kind; display or link to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;
    • post advertisements or solicitations of business;
    • post chain letters, junk mail, spam, unsolicited mass mailing or pyramid schemes;
    • impersonate another person;
    • provide or make available pirated music, computer programs or other media or links to pirated music, computer programs or other media files;
    • post material that contains restricted or password only access pages, or hidden pages or images;
    • provide or link to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone, such as passwords or personal identifying information from other users; or
    • provide instructional information about illegal activities or other activities prohibited by these Terms of Use, including without limitation, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses or pirating any media.
  8. Fair Work reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the Web Site and/or terminating the offending User’s ability to access the Web Site and/or use Fair Work’s Services. Fair Work may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause Fair Work to lose (in whole or in part) the services of its ISPs or other suppliers. Fair Work does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on content / material posted by other Users will be at your own risk.
  9. Fair Work has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, Fair Work may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Fair Work has no liability or responsibility to Users for performance or of such activities.

9. Registration and Password

  1. You are solely responsible for maintaining the confidentiality of your account access information and password. You shall be responsible for all uses of your registration, whether or not authorised by you. You are not authorised to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may result in your User account and Fair Work’s Services being disabled. You agree to immediately notify our company of any unauthorised use of your Fair Work Account and password.

10. Additional terms applicable to Job Seekers

  1. When you register with the Web Site, you will be asked to create an account and provide Fair Work with your Information. Any Profile you submit must be accurate and describe you as an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting you, other than details personally attributable to you.
  2. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Web Site. Fair Work reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter or you have agreed to receive, such offers may be made by Fair Work or by third parties. Please see Fair Work ‘s Privacy Policy, for further details regarding your Information.
  3. You understand and acknowledge that you have no ownership rights in your account and that if you cancel your Fair Work account or your Fair Work account is terminated, all your account information from Fair Work, including resumes, profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from Fair Work ‘s databases and will be removed from any public area of the Web Site. Information may continue to be available for some period of time because of delays in propagating such deletion through Fair Work ‘s web servers. In addition, third parties may retain saved copies of your Information.

11. Express Consent and Acknowledgement

  1. You acknowledge, consent and agree that when submitting your resume for storage in our resume database, your resume is automatically searchable by employers, recruiters, hiring managers, headhunters, and human resource professionals (the “Employers”) who pay for access to our resume database. Fair Work is not responsible for the use made of resumes by Employers who access your resume whilst it resides in our database. You acknowledge that when your resume is displayed in our database, personal information present within your resume (such as your email address), can be collected and used by parties other than the Employers. This may result in unsolicited messages from third parties for which Fair Work is not responsible for. Fair Work will attempt to limit access to our resume database to the Employers, but cannot guarantee that other parties will not gain access to this database. You may remove your resume from the Web Site at any time, but the Employers who have gained access to our database may have retained a copy of your resume in their own files or databases. Fair Work is not responsible for the retention, use or privacy of resumes or profiles in these instances.
  2. You acknowledge, consent and agree that job search agents will be automatically created when you register on the Web Site. Job search agents will automatically email you job opportunities based on pre-selected search criteria. Your job search agent will search daily for new open positions that match your criteria. You can choose to have those search results emailed to you on a daily, weekly or monthly basis. In addition, you may change the search criteria of your job agent at any time. In relation to the aforementioned, you agree that Fair Work may use your personal information to contact you and deliver information relating to the job search agent’s search results to you, or provide administrative notices or communications applicable to your use of the Web Site.
  3. You acknowledge, consent and agree that Fair Work can disclose your resume and contact details (“Personal Information”) to prospective Employers who purchased Fair Work ‘s job posting packs in order to seek qualified candidates. Fair Work uses data about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities made available through such job postings. In the event that you are an Employer posting job opportunities on the Web Site, you acknowledge and agree that you will use the candidates’ personal information disclosed to you by Fair Work pursuant to your purchase of Fair Work’s job posting packs for recruitment purposes only. Please refer to Fair Work ‘s Privacy Policy for further details regarding your Personal Information.

12. Additional terms applicable to Employers

  1. Fair Work grants to Employers a personal, non-transferable and non-exclusive right to access and use the Web Site solely in connection with seeking qualified candidates for jobs for and within the Employers’ organisations. All use of our Web Site and services must be in accordance with these Terms of Use. No portion of any User Content may be modified, copied, sold, leased, distributed, transmitted or used for any commercial purpose or on behalf of any other person or entity except as set forth in these Terms of Use.
  2. Employers agree not to post any false or misleading postings, interfere with or modify the postings or functioning of any site on the Web Site, or to engage in any activity to defeat any security or feature of the Web Site. Employers may not post any franchise or other business opportunities that require an initial or periodic payment, pays an insignificant salary or commissions only or requires recruitment of other
    members or sub-agents.
  3. Fair Work reserves the right to evaluate the nature of business and/or business activities of any Employer and on the basis of the asssessment, to restrict any Employer from subscribing to any of our products and/or services prospectively or retrospectively, and with or without notice.
  4. Payment terms will be as set out in the Fair Work sales order form or invoice, as the case may be. All payments are considered final and are non-refundable.

13. Policy Regarding Termination of Users and Account Holders Who Repeatedly Infringe the Copyright or Other Intellectual Property Rights of Others

Fair Work respects the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorised reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners’ rights. As a condition to your use of the Web Site, You agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of the Web Site account holders, and block access to the Web Site of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is denied or blocked.

14. Fair Work's Liability

  1. The Web Site acts, among other things, as a venue for (i) Employers to post job opportunities and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. Fair Work does not screen or censor the listings including Profiles offered. Fair Work is not involved in the actual transaction between employers and candidates. As a result, Fair Work is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Fair Work makes no representations about any jobs, Employers or listings. While Fair Work reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the Web Site from time to time, Fair Work does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action. Fair Work has no control over the accuracy, reliability,  completeness, or timeliness of the Profiles or User Content submitted on the Web Site and makes no representations about any Profile, resumes or User Content on the Web Site.
  2. In addition, please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false identities. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases may be deceptive. We expect that you will use caution and common sense when using the Web Site. Because user authentication on the internet is difficult, Fair Work cannot and does not confirm that each user is who they claim to be. Fair Work does not and cannot be involved in user-to-user dealings or control of the participants on the Web Site. In the event that you have a dispute with one or more users, you release the Company, its affiliates and their respective officers, directors, employees and representatives from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
  3. The Web Site may contain inaccuracies or typographical errors. Fair Work makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site and Fair Work’s Content. The use of the Web Site and Fair Work’s Content is at your own risk. Changes are periodically made to the Web Site and may be made at any time. Fair Work cannot guarantee and does not promise any specific results from use of the Web Site, including but not limited to the successful introduction of candidates to prospective Employers. No advice or information, whether oral or written, obtained by a User from Fair Work or through or from the Web Site shall create any warranty not expressly stated herein.
  4. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Web Site. Employers are solely responsible for any job postings on the Web Site. Fair Work encourages you to keep a back-up copy of any of your User Content. To the extent permitted by law, in no event shall Fair Work be liable for the deletion, loss, or unauthorised modification of any User Content. Further, you agree that Fair Work shall not be liable to you or any third party in respect of your User Content or access thereto on the Web Site including but not limited to the event in which your account is terminated or you are denied access to your account, our services or Web Site for any reason.
  5. Fair Work is not to be considered to be an employer with respect to your use of the Web Site and Fair Work shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Web Site.
  6. The Web Site and material are provided on an “as is” basis without any warranties of any kind. Fair Work, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Fair Work makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
  7. Fair Work does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Web Site, or any other representation, warranty or guarantee. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

15. Disclaimer of Warranty

  1. TO THE FULLEST EXTENT POSSIBLE BY LAW, FAIR WORK DOES NOT WARRANT THAT THE WEB SITE OR ANY FAIR WORK SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR FAIR WORK’S CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, FAIR WORK IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND FAIR WORK’S CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FAIR WORK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. FAIR WORK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
  2. Disclaimer of Consequential Damages: TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL FAIR WORK, ITS AFFILIATES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND FAIR WORK’S CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FAIR WORK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Links to Other Sites

  1. The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. Fair Work is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

17. No Resale or Unauthorised Commercial Use

  1. You agree not to resell any material or information obtained from the Web Site, assign your rights or obligations under these Terms of Use, or make any unauthorised commercial use of the Web Site.

18. Indemnity

  1. You agree to defend, indemnify, and hold harmless the Company, its affiliates and their respective officers, directors, employees, members, representatives and agents, from and against any claims, actions or demands for damages, liabilities, costs, charges and expenses, including without limitation reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from any of the User Content or other material you provide to the Web Site or your use of the material, or your conduct with respect to the Web Site and/or breach of the these Terms of Use. Fair Work shall provide notice to you promptly of any such claim, suit, or proceeding. You also agree to fully cooperate with us in the defence or settlement of any claim in relation to or arising out of our Web Site or these Terms of Use.

19. General

  1. Access to the materials may not be legal by certain persons or in certain countries. Your access to the Web Site is at your own risk and you are responsible for compliance with jurisdictions as may be applicable to You. These Terms of Use are governed by laws of Malaysia.
  2. Term and Termination: These Terms of Use will remain in full force and effect while you are a User of the Web Site at any level. Fair Work reserves the right, at its sole discretion, to pursue all its legal remedies, including but not limited to deletion of your User Content from the Web Site and immediate termination of your registration with or ability to access the Web Site any/or any other services provided to you by Fair Work, upon breach by you of these Terms of Use or if Fair Work is unable to verify or authenticate any information you submit to the Web Site. Even after you are no longer a user of the Web Site, certain provisions of these Terms of Use will remain in effect.

20. Contact

  1. For questions or problems relating to our Web Site or services, or these Terms of Use, you may contact us at +6014-611 1399, or email us at hr@fairwork.com.my, or write to us at 22A, 3, Lorong Bayan Indah 2, Bay Avenue, 11900 Bayan Lepas, Pulau Pinang.

B. FAIR WORK VIDEO SERVICE - ADDITIONAL TERMS OF USE

21. Your Acceptance of The Additional Terms Of Use – Fair Work Video Service

  1. By accessing or using Fair Work’s Video Service you agree to be bound by these Additional Terms of Use, the said Terms of Use and Privacy Policy, or any amendments thereof, applicable laws, rules and regulations governing this Web Site.
  2. Please do not access and / or use the Web Site if you do not agree with any of the terms and conditions stated herein or under the said Terms of Use and / or Privacy Policy enshrined and specified on the Web Site. You also hereby agree and acknowledge that you are eligible and have contractual capacity to access or use Fair Work’s Video Service and Web Site.

22. Applicability - Wide and Exhaustive

  1. These Additional Terms of Use shall apply to all the users of the Web Site, including, but not limited to, registered users on Web Site, contributors of video content, information, and / or other materials on the Web Site. The Web Site may contain links to third party websites that are not owned or controlled by Fair Work. Fair Work has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Web Site, you expressly relieve and absolve Fair Work from any and all the liability arising from your use of any third-party website. Fair Work also reserves the right to decide the inclusion or non-inclusion of any video content in the Web Site without giving any reason for its non-inclusion. Fair Work reserves the right to withdraw any video content at any time without recourse to or permission of the contributor.

23. Fair Work Product & Services

  1. Fair Work’s Video Service specifically and only allows Employers who have subscribed to the video service provided by Fair Work to have a video on the Web Site (“Subscribers”). Fair Work shall upload video content related to the Employer’s profile and contents ancillary and incidental thereto to be hosted by the Web Site on behalf of the Employers and to be configured by applicable technology for public display on the Web Site network, and for the public viewing of the video content.

24. Access & Usage Terms

  1. Fair Work’s Video Service permits you to only view the video content, provided that:
    • your use of these services as permitted is solely for your use; you will not copy or distribute any part of the product and services of the Web Site in any medium without Fair Work’s prior written permission; and you will not adulterate, manipulate, change, alter, amend or modify any part of Fair Work’s video content contained in the Web Site and comply with the terms and conditions of these Terms of Service as well as Terms of Use and Privacy Policy enshrined and specified on the Web Site.

25. Video Content Submissions in Website

  1. The Subscribers agree and allow Fair Work to conduct the hosting, sharing, and/or publishing of such video. Fair Work does not guarantee any secrecy and confidentiality with respect to any of the video or other communication submissions on the Web Site. The Subscribers are solely responsible for their video content submissions and the consequences of posting or publishing them on the Web Site. In this regard, the concerned Subscribers affirm, represent, and/or warrant that they have the necessary licenses, rights, consents, and permissions to use and authorise Fair Work to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all video content to enable inclusion and use of the video content in the manner contemplated by the Web Site’s Terms of Use and Privacy Policy and these Additional Terms of Use; and also have the necessary required written consent, release, and/or permission contemplated by the Web Site and these Additional Terms of Use.
  2. The Subscribers of video content on Web Site hereby agree not to include any video content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless they are the owner of such rights or have permission from their rightful owner to post the content and to grant Fair Work all of the license rights granted thereto; publish false content or material that may damage Fair Work or any third party; or post advertisements or solicitations of business, or impersonate any third party. Subscribers also hereby agree not to submit material in any manner whatsoever is unlawful, harmful, hreatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violates any law, or otherwise objectionable.
  3. The Subscribers of video content on the Web Site hereby grant Fair Work a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to access, use, reproduce, distribute, prepare derivative works of, display, and perform the submitted video content through the Web Site and under these Additional Terms of Use, including without limitation for promoting the Web Site in any manner whatsoever.
  4. The aforesaid license and permission granted by you to Fair Work terminates once the concerned registered Users and other contributors of video content on the Web Site remove or delete their video content from the Web Site.
  5. Fair Work does not verify the genuineness, accuracy or otherwise endorse any video content or any opinion, recommendation, or advice expressed therein, and Fair Work hereby expressly disclaims any and all liability with respect to the video content inclusions in the Web Site. Fair Work does not permit copyright infringing activities and infringement of intellectual property rights on the Web Site, and Fair Work reserves the right of deletion or removal of any video content without prior notice if it comes to Fair Work’s knowledge or if it is notified that such video content infringes and/or violates any third party’s trade mark, Copyright and / or any other intellectual property right and Fair Work may also terminate access to the Web Site.

26. Fair Work's Rights in Video Content

  1. Fair Work reserves the right to sell, license and/or display any advertising, promotional and distribution rights in connection with the video content and other material submitted on the Web Site and Fair Work will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. Nothing in these Additional Terms of Use obligates or may be deemed to obligate Fair Work to sell, license or offer to sell or license any advertising, promotion or distribution rights.

27. Appropriate Use of Fair Work Video Service

  1. The video content, material and software on the Web Site is the property of Fair Work and the subscriber and are protected by all the local and international applicable laws including but not limited to laws related to trade mark, copyright and other intellectual property rights. You agree that you will not copy, modify, alter, reproduce, create derivative works, or display to the general public any of Fair Work’s Video Content from the Web Site. You also agree that you will not in any manner whatsoever including by the use of any automated device or manual process monitor or copy any of the video content from the Web Site. Any use of Fair Work’s Video Service that infringes or violates the Web Site’s Terms of Use and/or Privacy Policy and/or Fair Work ‘s trade mark, copyright and intellectual property rights will be treated as a serious infringement and violation and investigated accordingly. Fair Work shall have the right to take appropriate civil and / or criminal action for such infringement and / or violations.

28. Waiver of Claims & Indemnity Provision

  1. You hereby waive all claims against Fair Work and indemnify its directors, employees, authorised representatives and agents from any and all liability for claims, damages (actual and/or consequential), costs and expenses including but not limited to litigation costs and attorneys’ fees of every kind and nature, arising out of or in any way whatsoever concerned with use of Fair Work’s Video Service and also arising out of your violation of any term of these Additional Terms of Use; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim of video content submission causing damage to a third party. This defense and indemnification obligation will survive these Additional Terms of Use and your use of the Web Site.

29. Disclaimer

  1. You agree and acknowledge that your use and access of Fair Work’s Video Service and the Web Site shall be at your sole risk, responsibility and consequences. To the fullest extent permitted by law, Fair Work, its officers, directors, employees, authorised representatives and agents disclaim all warranties, express or implied, in connection with Fair Work’s Video Service and the Web Site and your use thereof. Fair Work makes no warranties or representations about the accuracy or completeness of the Web Site Content or the content of any sites linked to the Web Site.

30. Limitation of Liability

  1. The concerned registered users, jobseekers and other contributors of video content in the Web Site hereby agree and acknowledge that Fair Work shall not be liable for their video content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with them.
  2. In no event shall Fair Work, its officers, directors, employees, or agents, assume any responsibility or be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
    • Errors, mistakes, or inaccuracies of the video content;
    • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Web Site;
    • Any unauthorised access to or use of Fair Work secure servers and/or any and all video content and/or personal information and/or financial information stored therein;
    • Any interruption or cessation of transmission to or from the Web Site;
    • Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Web Site by any third party; and/or
    • Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, submitted, posted, emailed, transmitted, or otherwise made available via the Web Site, whether based on warranty, contract, tort, or any other legal arrangement, and whether or not Fair Work is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable local and/or international jurisdiction
  3. Fair Work does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Web Site or any associated or hyperlinked website and Fair Work shall not be a party to or in any way be responsible or accountable for monitoring any transaction between you and any third-party.

31. Amendments to Terms of Use

  1. Fair Work shall have the right to amend, vary or modify the Terms of Use, Privacy Policy of the Web Site and these Additional Terms of Use governing this Fair Work’s Video Service at any time, without giving any prior notice to you and such amendment shall be effective immediately upon inclusion / posting of such amendment on the Web Site. By continuing to use our Web Site and services after the change comes into effect, you indicate your agreement to be bound by the revised Terms of Use, Additional Terms of Use and Privacy Policy.
  2. These “Terms of Use” and “Privacy Policy” of the Web Site constitute a binding agreement between you and Fair Work, and is accepted by you upon your access use of the Web Site, acceptance of the Terms of Use herein and/or by providing to us any information relating to you.