TERMS OF USE

1. Introduction

1.1 The Terms of Use apply to use of our site www.lexmatch.co (“Site”) and all LexMatch-associated sites, applications, communications and other offered services (“Services”).

1.2 By using our Services, you are entering into a legally binding contract with LexMatch Pte. Ltd. (“Contract”) and hereby agree to be governed by the Terms of Use and our Privacy Policy (“Policies”).

1.3 For the purposes of this Contract and application of the Policies:

(a) LexMatch Pte Ltd shall be defined as “LexMatch”, “our”, “we” or “us”;

(b) Users who visit our Site for purposes of employment opportunities (whether full-time, part-time or a fixed term) shall be referred to as “Candidates”;

(c) Users who visit our Site for purposes of hiring employees or workers shall be referred to as “Employers”;

(d) All Candidates and Employers who use and access our Site and Services shall be collectively referred to as “you” or “your”.

1.4 Our Services are only intended for use by persons of the age of 16 and above. Please do not use any Services or register an account if you are below the specified age.

1.5 If you do not agree with any of the Policies or do not wish to enter into this Contract, please do not use any Services or register an account. If you are an existing Candidate or Employer and wish to terminate this Contract, you can do so by closing your account and ceasing further use and access of any Services.

2. Your Obligations

2.1 You hereby agree to:

(a) use a strong password for your account and keep your password secure and confidential;

(b) not share your account or transfer any part of your account to anyone else;

(c) use our Services in a professional and responsible manner;

(d) not create a false identity on our Site, misrepresent your identity, create a Candidate or Employer profile for anyone other than yourself, or use another person’s account;

(e) not develop, use or facilitate use of software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins, add-ons, bots or any other technology) to scrape, extract, download or copy data, information or processes from the Site or Services;

(f) not use, disclose or distribute any data or information obtained from the Site or Services for commercial or other material benefit without our written consent;

(g) not trade, sell/re-sell or otherwise monetize the Site or Services or data within the Site (whether in a raw or re-packaged form) or access to the same, without our written consent;

(h) not override, bypass or circumvent any security feature, access controls or use limits of the Site or Services;

(i) provide accurate information about yourself (including your real name and details) and keep it reasonably updated;

(j) not disclose information that you do not have the authority to disclose (such as confidential information of other parties);

(k) not imply or state that you are affiliated with or endorsed by LexMatch without our written consent;

(l) not violate our intellectual property rights, including without limitation (i) copying or distributing our articles or materials without our written permission or proper attribution of a reference link, (ii) copying or distributing the technology developed for use in our Services or (iii) using the word “LexMatch” or our logos in any business name, email, or URL;

(m) not violate the intellectual property rights of other third party contributors (including copyrights, patents, trademarks, trade secrets or other proprietary rights) and not copy or distribute (except through the available sharing functionality) the posts or content of other contributors without their written permission;

(n) not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or Services or any related technology that is not open source;

(o) not post or upload anything onto the Site or Services that contains software viruses, worms, or any other harmful code;

(p) not interfere with the operation of or place an unreasonable load on the Site or Services, including by way of spam, denial of service attack, viruses, gaming algorithms;

(q) not monitor the Site or Services’ availability, performance or functionality for any competitive purpose or engage in framing, mirroring or otherwise simulating the appearance or function of the Services;

(r) not overlay or otherwise modify the Site or Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement, name or logo included on the Services);

(s) not post anything that is defamatory, offensive, threatening, inflammatory or discriminatory;

(t) at all times comply with all applicable laws, including without limitation data protection privacy, defamation, intellectual property, anti-spam, export control and tax laws and regulatory requirements; and

(u) at all times comply with the terms and conditions of all Policies (as may be amended from time to time).

2.2 We have the right to disable your use and access of the Site and Services if in our reasonable opinion you have failed to comply with any of the terms and conditions of this Contract and the Policies. For acts or breaches under items 2.1(d)-(h), you will be liable to pay up to S$50,000 in liquidated damages as compensation for (a) losses suffered by us, (b) the value and benefits received by you from the data and information obtained through your improper use of the Site and Services and (c) the time, effort and costs incurred by us to detect, investigate and disable your improper use and access.

3. Intellectual Property Rights

3.1 LexMatch is the owner of all intellectual property rights in the Site and Services and the information and materials published on them including without limitation text, graphics, logos, images and software. These works are protected by copyright, trade mark and any other applicable intellectual property laws and all such rights are hereby expressly reserved.

3.2 Using the Site and Services does not give you any ownership in our Services or the content or information made available through our Site and Services. Subject to your agreement and entry into this Contract, Lexmatch grants you a non-exclusive and revocable licence to view the materials contained on the Site and Services.

3.3 As a Candidate, you acknowledge that any information you provide to us or upload to our Site will be considered non-confidential and an Employer, us or a third party may be granted access and use of that data or information in accordance with the Privacy Policy.

3.4 As an Employer, you agree that any information you receive through our Site or Services should only be used by and disclosed to members within your organization on a need-to-know basis for purposes of recruitment or employment and should not be shared with third parties.

4. Data Storage

4.1 Our Site and Services are not intended to function as a storage service. While we will use reasonable efforts to store your data and information to facilitate your reasonable use of our Services, we do not represent, warrant or undertake to store, save, maintain or provide you a copy of any content or information that you or others have input or provided on our Site and Services for any indefinite or extended period of time, except to the extent required by applicable laws and as noted in our Privacy Policy.

5. Changes to Contract and Policies

5.1 We may revise or change this Contract or the Policies from time to time. If any material changes are made to the Contract or the Policies, we shall notify you through our Services or by other means (including via email or a post or publication on our Site). If you object to any changes, you may opt to close your account, terminate this Contract and cease further use and access of our Services. You acknowledge that any continued use or access of our Services after a publication or delivery of notice to you after the changes will be deemed to be you consenting and agreeing to the amended Contract and Policies as applicable to you.

5.2 We may change, suspend or end any Service, or change and modify prices prospectively at our discretion. Such changes shall be effective upon notice being given to you, save that any existing Services provided to you shall continue to be based on the previous price and the new price shall apply upon expiry of termination of the relevant Service.

5.3 In the event of Services which are automatically renewed, you shall be given notice of the change in price and the option of opting out from the Service. In the event such opt out is not exercised by you within the time frame provided in the notice, you shall be deemed to have consented and agreed to the new pricing.

6. Limitation of Liability

6.1 To the fullest extent allowed under applicable laws, LexMatch, its affiliates and partners that LexMatch works with to provide the Services (“LexMatch Entities”) (a) disclaim all implied warranties and representations (including but not limited to accuracy of data or information provided by a Candidate or Employer, warranties of merchantability, fitness for a particular purpose and non-infringement), (b) do not guarantee that your use of the Site and Services will be uninterrupted, secure or error-free, and (c) provide the Services (including access, availability, content and information) on an “as is” and “as available” basis.

6.2 Unless any LexMatch Entity has entered into a separate written agreement that overrides this Contract, (a) no LexMatch Entity shall be liable to you or other third parties for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, revenues or profits in connection with or arising from use or access of the Services (including but not limited to offensive or defamatory statements, operational down time, loss or inaccuracy of information or content), and (b) an Employer remains responsible for conducting its own background check, reference check or other due diligence of a Candidate to independently satisfy itself regarding the qualifications, suitability and integrity of a Candidate.

6.3 In no event shall the aggregate liability of a LexMatch Entity across all claims brought by a claimant exceed an amount equivalent to the lesser of the fees received by that LexMatch Entity from such claimant in the (a) previous calendar year or the (b) current calendar year.

6.4 The limitation of liability within this Contract is an integral part of the bargain between LexMatch and you and shall apply to all claims of liability (including but not limited to tort, negligence, contract, indemnity, warranty claims). It shall apply even if a LexMatch Entity has been made aware of the possibility of any damage or loss, and even if the remedy may be regarded as failing its essential purpose.

7. Termination

7.1 LexMatch and you may terminate this Contract at any time by giving written notice to the other party, provided that if a separate agreement governs your use and access of a Service with LexMatch then the provisions of that agreement relating to termination shall prevail in the event of inconsistency with this Contract.

7.2 Upon termination, you agree to discontinue the use and access of all Services and acknowledge that all data and information relating to your account may be deleted by us subject to and in accordance with applicable data privacy, protection and storage laws and regulations.

7.3 In the event of termination, both LexMatch and you shall continue to be entitled to receive all monies (whether a fee or otherwise) accrued or owed from the other party prior to the termination date.

7.4 Neither LexMatch nor you shall be responsible for any failure in performing the obligations under this Contract or delivering the Services arising from or in connection with a Force Majeure Event. For our purposes, “Force Majeure Event” refers to an event outside the reasonable control of a party or not foreseeable at the time the parties entered into this Contract that makes performance of the Contract legally, physically or purposefully impossible (whether wholly or in part) and includes without limitation acts of God, civil unrest, war, acts of terrorism, riots, strikes, labour disputes, epidemics, adverse weather conditions, fires, earthquakes, floods, network or system failures due to unauthorised use, access, interference or attack, or issuance of a new law, regulation or government policy. In the event of any Force Majeure Event occurring for more than three (3) months, either party shall have the option to terminate the Contract.

8. General Provisions

8.1 Waiver: No failure or delay by LexMatch to exercise any right or remedy under this Contract shall operate as a release or waiver thereof. A single or partial exercise of any right or remedy shall not preclude a further exercise of any other right or remedy. The rights provided in this Contract are cumulative and not exclusive of any rights, claims or remedies provided by law.

8.2 Entire Agreement: The terms and conditions of this Contract (including the Policies) constitute the entire agreement and understanding between the parties relating to the subject matter of this Contract, provided that if a separate agreement specifically governs your use and access of a Service with LexMatch then the provisions of that agreement shall prevail in the event of inconsistency with this Contract.

8.3 No Reliance: You acknowledge that you have not been induced to enter into this Contract by or in reliance upon any representation and warranty made by LexMatch which is not expressly set out in this Contract.

8.4 Interpretation: The parties agree that any applicable law or rule requiring the construction or interpretation of this Contract or Policies against the drafting party shall not apply.

8.5 Severance: Each provision of this Contract shall be treated as separate and severally enforceable such that if any provision is found to be unenforceable or invalid, deletion of such part shall not affect the enforceability of all remaining parts. LexMatch and you agree that the provisions are reasonable in all circumstances but if subsequently held to be unenforceable, that provision shall be deemed to be deleted, modified or reduced in scope to the extent necessary to make it valid and effective.

8.6 Assignability: You shall not assign, delegate, or otherwise transfer any of your rights and obligations under this Contract without the prior written consent of LexMatch.

8.7 Governing Law: This Contract shall be governed by and construed in accordance with the laws of Singapore. The courts of Singapore shall have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Contract.

Last updated: 20 December 2018