Terms of Service for Employers
The following terms and conditions apply to all Employers and other users who access or use this service as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement.
For purposes of this Section, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer or other user as described above.
1. Employer Accounts
When you use this service in your capacity as an employee or other representative of an Employer, or on behalf of an Employer, you represent and warrant that you have the authority to bind the Employer to this Agreement. When you use this service on behalf of an Employer, the account belongs to the Employer, and you acknowledge that any and all information that you provide us through the account, such as the actions you take and when you take them, will be visible to the Employer.
2. Employer Services Including Emarsity Apply and Screener Questions
You are responsible for the contents of your job postings and agree that Emarsity is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that you are solely responsible for compliance with applicable law for all job postings content.
You agree that Emarsity may reject any Job Listing or any questions for Job Seekers for any or no reason. For example, Emarsity may reject any Job Listing or question that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing or question specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing or question implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing or question that directly or indirectly discriminates against Job Seekers or otherwise violates applicable law. Emarsity further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data.
You shall indemnify, defend and hold harmless Emarsity, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Job Listing posted by you, or any message sent by you.
3. Communication through Emarsity
You may receive messages, emails provided through this service. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through Emarsity. Emarsity disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
4. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Singapore. Each party submits to the exclusive jurisdiction of the Singapore International Commercial Court all disputes arising out of or in connection with the present agreement, including any question relating to its existence, validity or termination.
5. Class Action Waiver
By using the Site and in return for the services offered by Emarsity, you acknowledge that Emarsity can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Emarsity as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Emarsity regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 11 above.
You shall indemnify, defend and hold harmless Emarsity, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Site or any Emarsity product, program, or service; (c) your loss of, or disclosure of, information gained from using the Site or any Emarsity product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that Emarsity as your agent violated any such laws); (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of Emarsity products and services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant. This defense and indemnification obligation will survive this Agreement and your use of the Site or any Emarsity product, program, or service.