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All of the services provided under the "eHire" ASP.NET system are the exclusive
property of QIANJIN NETWORK INFORMATION TECHNOLOGY (SHANGHAI) LIMITED (前锦网络信息技术（上海）有限公司,hereinafter
referred to as the "Company").
The services provided under the "eHire" system are being provided to companies (hereinafter
referred to as "Members") with recruitment needs. Individuals (i.e. job seekers)
or other visitors to the system must accept and abide by the terms and conditions
laid out in this legal notice before becoming a member of the "eHire" system. If
the individual or visitor does not accept these terms and conditions, it will be
denied membership. The terms and conditions laid out below become immediately effective
once you click on the "agree" button found at the end of this notice. The Company
retains the right to revise and modify the terms and conditions as needed and notifying
members afterwards.
1. Copyright
All of the materials (such as text, job postings, articles, icons, buttons, graphics,
diagrams, software, etc.) in the "eHire" system are under the protection of the
relevant copyright, trademark and intellectual property right laws and regulations
of the People's Republic of China and other countries. All of the materials are
considered to be the exclusive property of the Company. These materials shall not
be copied or replicated or used in any way by a third party without the permission
of the Company. Members are strictly prohibited from using any of the materials
found in the "eHire" system and on 51job.com for any public or commercial purposes
without the prior consent of the Company, even if the materials are kept in their
original format and layout without any changes or modifications. Members also may
not copy or adapt or use in any way the HTML or other codes created by the Company
to generate any of its web pages or provide the HTML or other codes to any other
third party without the Company's prior consent.
2. Release of Information
Members shall not use "eHire' to post, distribute or save any materials against
the applicable laws or regulations in the People's Republic of China and in other
countries. Members are also prohibited from using "eHire" to infringe on the copyright,
trademark, trade secret, patent or other intellectual property rights of another
party. Also, members should not violate the public and individual rights to privacy
nor should they post or distribute any information that is illegal, harassing, slanderous,
abusive, intimidating, harmful, vulgar or otherwise offensive. Members should also
not release any information unsuited to the purpose of recruitment or job search,
nor should they release incomplete, inaccurate, false or misleading information.
Members are held liable for the information that they release through the "eHire"
system and must take full responsibility for any disputes or lawsuits that may arise
as a result of the information that they have released.
3. Use of Information
Members' use of candidate information disclosed in resumes shall be restricted to
the purpose of recruitment only. Members must promise not to use the information
in any of the following way: a) Provide information to competitors of the Company,
enabling them to contact the candidate for recruitment or other purposes; provide
the information to competitors of the Company to facilitate competitive actions
and / or reactions b) Modify or delete information displayed in "eHire" c) Transfer,
distribute or disclose information to a third party Members of the "eHire" system
are authorized to freely search the resume bank maintained by 51job.com. However,
access to and use of candidate resumes and information should be restricted to the
purpose of recruitment only. Unless otherwise specified, each member will not be
allowed to view more than 500 complete candidate resumes (with contact information
included) a day. Members should not use the information available through "eHire"
for any other commercial purposes.
4. Disclosure of Information
The Company shall not disclose information of Members without their prior consent
unless one of the following conditions are met: a) Members authorize the Company
to disclose the information b) The Company is bound by legal obligation to disclose
the information c) The information has been posted or released by the Member d)
The information is deemed to be public information The Company fully respects the
rights of Members and shall not edit or change any of their information without
prior approval unless specific legal and public security concerns require such actions.
The Company reserves the right of judgment as to whether a Member has been in violation
of the terms and conditions as set forth in this legal notice. If a Member is deemed
to have violated the terms and conditions set forth here, the Company will notify
and require the Member to cease such behavior. This notification can be delivered
either by email or through a public bulletin in the "eHire" system. The notification
is considered served on the day that the email is transmitted or that the public
bulletin is posted. Notifications for modifications and changes made to the terms
and conditions of service, legal notice and other agreements will be communicated
in such a way to Members. Information made public on 51job.com may be seen by any
number of visitors to the web site and can potentially be misused by these visitors.
Members should be aware of the possibility of such an occurrence and agrees not
to hold the Company liable in any way, legal or otherwise, for any misuse of their
information by third party visitors to the web site. The Company will not be held
liable or responsible by Members for the wrongful actions of these visitors.
5. Integrity of Information
Members shall be responsible for the integrity (i.e. truthfulness, accuracy and
completeness) of the information posted on the "eHire" system and related links
and pages.
The Company cannot guarantee that all information
posted by Members or provided by other third parties are entirely truthful, accurate
and complete. Members acknowledge that they are aware that any information found
on the "eHire" system and related links and pages must be verified further if they
plan to re-use the information in any way. The Company will not be held liable or
responsible by Members for any loss or damage that result from the use of unverified
information.
6. Security of Information
Members shall not violate or plan to violate
any of the security measures undertaken by the Company and its web site. Actions
deemed to be in violation include but are not limited to: a) Obtaining confidential
data or accessing servers or accounts without permission b) Identifying, exploring
and exploiting potential weaknesses in the system or network and attempting to undermine
or nullify security measures taken by the Company and its web site without permission
c) Attempting to interfere with the provision of services to the Company's Members
and network, using tactics such as overloading and "mail bombing" or other destructive
methods, d) Delivering emails to promote and advertise products or services, e)
Creating false TCP/IP data packs to destroy the system or network maintained by
the Company The Company will investigate and take legal actions to prevent such
behaviors and cooperate with the pertinent law enforcement agencies to prosecute
perpetrators.
7. Modification and Deletion of Information
The right to modify and delete information rests with the party that created the
information in the place. However, the Company reserves the right to modify or delete
certain information found to be unsuitable or inappropriate.
8. Exception
Although a confidentiality clause is in effect, Members recognize
and agree that the Company reserves the right to provide statistical information
in aggregated form to third parties as long as individual names and information
is not released.
9. Risk Sharing
Under the terms and conditions of service, the Company is obligated to providing
to its Members a service platform for the posting of recruitment information and
/ or to access the information posted by other Members of the system. The Company
is not obligated to provide information itself. Members recognize and agree to bear
the following potential risks: a) Information provided by the Company to Members
is on an "as is" basis without any explicit or implicit guarantees; b) The Company
does not guarantee that information will be without flaws or mistakes nor does the
Company guarantee that the mistakes can or will be remedied c) The Company does
not guarantee that the information does not contain viruses or other harmful agents
d) The Company does not provide any guarantees or explanations on the integrity
(i.e. truthfulness, accuracy and completeness) or reliability of the information.
Members (not the Company) will be held liable for any costs incurred to restore
the integrity of the information and rectify the situation unless otherwise specified
by relevant laws and regulations. Performance of the "eHire" system may be adversely
affected at times because the Internet environment is still under development in
China. As a result, slow access speed and temporary suspension of service may occur.
Members should recognize and accept these situations as normal occurrences. However,
the suspension of service should last no more than 4 hours (cumulative) in any given
month, except in the event of force majeure.
10. Responsibilities
Under the terms and conditions of service, the Company is obligated to providing
to its Members a service platform for the posting of recruitment information and
/ or to access the information posted by other Members of the system. The Company
is not obligated to provide information itself. Members recognize and agree to bear
the following potential risks: a) Information provided by the Company to Members
is on an "as is" basis without any explicit or implicit guarantees; b) The Company
does not guarantee that information will be without flaws or mistakes nor does the
Company guarantee that the mistakes can or will be remedied c) The Company does
not guarantee that the information does not contain viruses or other harmful agents
d) The Company does not provide any guarantees or explanations on the integrity
(i.e. truthfulness, accuracy and completeness) or reliability of the information.
Members (not the Company) will be held liable for any costs incurred to restore
the integrity of the information and rectify the situation unless otherwise specified
by relevant laws and regulations. Performance of the "eHire" system may be adversely
affected at times because the Internet environment is still under development in
China. As a result, slow access speed and temporary suspension of service may occur.
Members should recognize and accept these situations as normal occurrences. However,
the suspension of service should last no more than 4 hours (cumulative) in any given
month, except in the event of force majeure.
11. Suspension and Termination of Service
Members that have violated the terms and conditions of service as outlined in this
document will be notified by regular mail or by email. Suspension or termination
of service will be at the discretion of the Company. The Company also reserves the
right to terminate any free or trial service with or without advance notice.
12. Risks
Members shall solely be responsible for all the risks related to logging into the
"eHire" system and / or logging into other web sites through the Company's web site
or system. Members recognize and agree that the Company shall not be responsible
for the consequences of any information exchange that they take on while conveying
recruitment or application intentions or establishing employer and employee relations.
Members shall be solely responsible for their own actions and consequences arising
from those actions. In the event that third party claims and lawsuits arise against
the Company as a result of actions taken by its Member, the Member is obligated
to assist with and fully cooperate in the defense of the Company to avoid any adverse
monetary impact or damage to its reputation. In the Member is delinquent or fails
to provide the required assistance and cooperation, the Company has the right to
take defensive measures on its own behalf (including but not limited to retaining
legal representation, etc.) and the associated fees and costs thereafter shall be
borne by the Member.
13. Liability and Damages
Members is obligated to protect and maintain interests of the Company and pay for
any damages arising from the violation of this agreement or the use of the software
provided by the Company. The Company is obligated to provide all of the services
specified in this agreement and compensate any loss incurred by the Member in the
case of violation or non-performance of its obligations.
14. Settlement of Dispute
All disputes between Members and the Company shall be settled through friendly negotiations.
If the two parties fail to reach an agreement after the negotiations, the dispute
shall be submitted for arbitration by the Shanghai Arbitration Committee
15. Force Majeure
Neither party shall not be responsible for loss incurred due to failure to perform
the obligations specified in this document due to earthquake, typhoon, wars, strikes,
governmental behaviors, fires not caused by either party, accidents of telecommunication
or other unforeseen, uncontrollable force majeure. In the event of nonperformance
as a result of force majeure, the party affected shall communicate the reason for
failure or delayed execution of its obligations and provide the other party with
evidence of its inability to perform the obligations. The affected party shall not
The two parties must negotiate and come to an agreement on whether the terms of
service should be terminated or nullified or revised.
The terms and conditions of service as outlined in this document are in accordance
with the relevant laws and regulations in enforcement. In the event that any conflicts
arise, the governing laws and regulations will take effect. Members and the Company
have reached a consensus on the terms and conditions of service. The Chinese version
of the terms and conditions will take presence over the English translation in the
event of any conflict or dispute.
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