3.3在不限制其他补救措施的前提下，发生下述任一情况，何马网可立即发出警告，暂时中止、永久中止或终止您的会员资格，删除您的任何现有产品信息，以及您在网站上展示的任何其他资料：(i)您违反本协议；(ii) 何马网无法核实或鉴定您向何马网提供的任何资料；或(iii) 何马网相信您的行为可能会使您、何马网用户或通过何马网或何马网提供服务的第三者服务供应商发生任何法律责任。在不限制任何其他补救措施的前提下，若发现您从事涉及何马网的诈骗活动，何马网可暂停或终止您的账户。
hrmarket.com Service Terms
hrmarket.com will provide services to you subject to theterms and conditions set forth below. Please read these terms carefully andcomply with these terms when using the services.
Please read the hrmarket.com Service Terms of ShanghaiKingtrue Media Co., Ltd. (“HRoot”) (this “Agreement”). The terms and conditionsset forth here in shall apply to your use of various tools and services fortrade and communication provided by hrmarket.com website for use in the globalbusiness-to-business (B2B) HR e-markets (the “Services”).
Article1 Acceptance of the Terms
1.1 The content of this Agreement includes the main texthereof and various rules which have been or may be published in future by hrmarket.com.All such rules are an integral part of this Agreement,and all have the samelegal effect as the main text hereof.
1.2 Your login to the hrmarket.com website by whatevermeans and your use of the Services indicates that you have fully read,understood and agreed to accept the terms and conditions of this Agreement(collectively the “Terms”).
1.3 hrmarket.com has the right to amend any Terms inaccordance with its business needs and will amend the Terms by posting herevised and restated Terms on its website without any further notice to you separately.The amended and restated Terms shall take effect upon its publication at the hrmarket.comwebsite. If you disagree with such amendment, please terminate your use of theServices immediately. Otherwise, it will be deemed that you have accepted therevised and restated Terms. In the event of dispute arising between you and hrmarket.com,the latest Terms shall prevail.
2.1 Eligible Users of the Services
You hereby acknowledge that, when you complete theregistration process or otherwise use the Services by other means permitted by hrmarket.com,you are a person, a legal entity or any organization that has full legalcapacity and the capacity for civil conducts you purport to undertake. If youdo not possess the foregoing capacity, please do not use the Services;otherwise, you and your guardian shall bear all consequences arising therefromand hrmarket.com shall have the right to close or permanently freeze your accountand claim against you and your guardian. If you register at the hrmarket.com websiteon behalf of a company or other legal entity, you hereby represent and warrantthat you have the authority to procure such company or legal entity to be boundby the Terms of this Agreement.
2.2 Account registration
2.2.1 After you fill in the information in accordancewith the instructions on the registration or activation page, read and acceptthis Agreement and complete all the registration / activation procedures, orwhen you otherwise use the Services of the hrmarket.com website in methodspermitted by hrmarket.com, you become bound by this Agreement. You may log into the hrmarket.com website via the e-mail address and mobile phone number youhave provided or confirmed as your login name or by other means recognized by hrmarket.com.
2.2.2 You hereby understand and agree that once youcomplete the registration procedures of this website and the registration issuccessful, you will receive your hrmarket.com login name, which you may use todirectly log in to hrmarket.com. You hereby expressly authorize hrmarket.com todisclose your account information to hrmarket.com Website and authorize hrmarket.comWebsite to use your account information upon successful registration to facilitateyour use of services of hrmarket.com Website.
2.2.3 You may set up a user name for your accountprovided that it does not infringe or is likely to infringe the lawful rightsof others. Otherwise, hrmarket.com may terminate the Services provided to youand close your account. After the cancellation of your account, the relevantuser name will be released to other eligible users for registration and use.
2.2.4 After completing the procedures for registration oractivation, you must correctly provide and update your information followingthe instructions on the corresponding webpages of this website in accordancewith the laws and regulations so as to ensure the information provided is true,up-to-date, complete and accurate. If there are reasonable grounds to doubtthat the information you have provided is incorrect, false, outdated orincomplete, hrmarket.com has the right to send you an inquiry and/or a noticerequesting correction and to directly delete any corresponding informationuntil the suspension or termination of the Services(in whole or in part)provided to you without any liability, and you are solely liable for any andall resulting direct and indirect losses and adverse consequences.
Article3 Account Security
You are solely responsible for the confidentiality ofyour hrmarket.com login name, user name and password, and all activities thatoccur under your login name (including but not limited to, disclosure orrelease of information, clicking “agree” or “submit” to accept any rules oragreements online, renewing agreements or purchasing services online, etc.).You agree: (a) to immediately inform and authorize hrmarket.com to synchronize suchinformation to hrmarket.com Website in the event you discover any unauthorized useof your hrmarket.com login name, user name and password or any other situation thatconstitutes a breach of the confidentiality provisions between you and hrmarket.com;and (b) to correctly exit / log-out of the website at the end of each onlineoperation session. hrmarket.com cannot and will not be responsible for any lossesor damages incurred as a result of your failure to comply with this provision.You understand that it requires a reasonable period of time for hrmarket.com totake action in response to your request, and that hrmarket.com will not beliable in any way for the consequences that have occurred before it takes suchaction (including but not limited to any of your losses). Unless there are legalprovisions or judicial decisions and with the consent of hrmarket.com, your hrmarket.comlogin name, user name and password may not be assigned, bestowed or inheritedin any manner (except for property rights and interests in connection with theaccount).
Article4 Termination of Services
4.1 Termination of Services
4.1.1 You agree that hrmarket.com may terminate yourservice password, account (or any part thereof) or terminate your use of Servicesfor any reason at its own discretion (including but not limited to, hrmarket.combelieves that you have breached this Agreement or your conducts are in breachof this Agreement, both literally and substantially)., provided that hrmarket.comhas not charged you for any fees. You agree that, if hrmarket.com hascharged you for any fees, hrmarket.com ’s termination of Services as describedshall be based on reasonable suspicion and with prior notice to you via e-mail.You further acknowledge and agree that if hrmarket.com terminates the Servicesin accordance with this Agreement, hrmarket.com may immediately terminate youraccount or delete your account and all associated information and files, and/orprohibit your further access to such files or Services. Upon termination of theaccount, hrmarket.com is not obliged to retain any information in or inconnection with the account or forward any unread or unsent messages to you orany third party. In addition, you agree that hrmarket.com will not assume anyliability to you or any third party due to its termination of the Servicesprovided to you.
4.1.2 You have the right to request hrmarket.com toterminate your account, and subject to hrmarket.com’s approval, your accountwill be terminated. In this circumstance, your contractual relationship with hrmarket.combased on this Agreement will be terminated. Upon termination of the account, hrmarket.comis not obliged to retain or disclose to you any information in the account orforward any unread or unsent message to you or any third party.
4.1.3 You understand and agree that upon termination ofthe contractual relationship between you and hrmarket.com:
a) hrmarket.com has the right to retain your information;
b) hrmarket.com reserves the right to claim against youin accordance with this Agreement, for any illegal act or breach of thisAgreement and/or rules during your use of the Services; and
c) Your relationship with other users resulting from andduring your use of the Services will not be terminated due to the terminationof this Agreement. Such users will have the right to claim against you and youshall continue to perform your obligations as agreed.
Article5 Cancellation of hrmarket.com Login Name
5.1 If your account simultaneously meets all thefollowing conditions, your hrmarket.com login name may be cancelled and you maybe prevented from logging in to hrmarket.com and all the services provided byhrmarket.com to you will be terminated:
(1) Your account is not linked to a verified hrmarket.comaccount;
(2) You have not logged in to this website for six (6)successive months via your e-mail address, mobile phone number or other loginname and password recognized by this website; and
(3) There is no valid business that has not expired.
5.2 You acknowledge and authorize hrmarket.com Website,that in the event you commit fraud, release or sell counterfeit or inferiorproducts, infringe the lawful rights of others or otherwise seriously breachthe rules of any hrmarket.com Website, such hrmarket.com Website has the right todisclose such acts within the scope of the hrmarket.com Website, in which circumstance,your hrmarket.com login name may be cancelled, you may be prevented fromlogging in to any of the hrmarket.com and all the services provided byhrmarket.com to you will be terminated.
hrmarket.com reserves the right to charge fees for theServices with a notice to you in accordance with Article 1.3. In addition, alltaxes payable incurred by you in your transactions, any paid Services obtainedfrom hrmarket.com or the access to hrmarket.com’s server and relevant expensesrelating to hardware, software, communication and network services etc. shallbe borne by you. hrmarket.com reserves the right to temporarily or permanentlychange or terminate all or part of the Services in the form of an announcementat its website without any further written notice.
Article7 Services and Status of the hrmarket.com Platform
7.1 Through the platform services providedby hrmarket.com,you may publish transaction information, make inquiries about information ofproducts and services, make decisions and carry out transaction, review othermembers, participate in activities organized by hrmarket.com and use otherinformation and technical services provided by hrmarket.com.
7.2 hrmarket.com merely provides a platform for its usersto find counterparties, exchange information about products and services andobtain various services in relation to trading. Therefore, hrmarket.com willnot be involved in any legal relationship or legal disputes arising fromtransactions among its users s and will not and shall not be involved in suchtransactions. Please note that hrmarket.com cannot and does not control orguarantee the authenticity, lawfulness and accuracy of transaction information,nor can it control or guarantee the quality, safety or lawfulness of theproducts under such transactions or capacity of the relevant parties for performingtheir obligations thereunder. Furthermore, hrmarket.com cannot and will notcontrol whether parties of transactions are capable of performing their obligationsthereunder. In addition, you should be aware of the risks in dealing withpersons acting fraudulently. hrmarket.com suggests that you act carefully anduse your common sense when using hrmarket.com.
Article8 Rules for Using the Services
8.1 Rules regarding Your Content
8.1.1 “User Content” means any content provided by youduring registration, posting, transactions, other public forums or via email tohrmarket.com or other users, including but not limited to data, text, software,music, audio, photo, images, videos, expressions or other materials. You aresolely responsible for your User Content while hrmarket.com is merely thepassive channel via which you post and publish User Content.
8.1.2 You agree and undertake, that User Content orProducts provided by you for trading on hrmarket.com ( “Products” shall meanall products, rights, interests, instruments, securities, services or actionsin various forms, tangible or intangible, and lawfully tradable):
a. does not contain fraudulent elements and are not involvedin the sale of counterfeit or stolen items;
b. does not infringe the proprietary right, copyright,patent, trademark, trade secret or other intellectual property rights, orprivacy rights or reputation of any third party;
c. does not violate any laws, regulations, rules orordinances (including but not limited to those in relation to export control,operation subject to license, trade quota, consumer protection, unfair competitionor false advertising), this Agreement and any relevant rules;
d. does not include any contents constituting defamation(including commercial defamation), illegal intimidation or illegal harassment;
e. does not include any obscene contents or childpornography;
f. does not contain any virus, Trojan house, worm,time-bomb program or other computer program that deliberately destroys,maliciously disturbs, secretly intercepts or encroaches upon any system, dataor personal information;
g. does not directly or indirectly link to or contain anydescription of products or services which: (i) are prohibited hereunder; or(ii) you have no right to link to or use the description of. In addition, youagree not to: (i) use the Services to send any chain emails, spam or any duplicatedor redundant information; (ii) use the Services to collect email addresses andother information of other persons without their consent; or(iii) use theServices to generate false email addresses or otherwise attempt to misleadother persons as to the identity of the sender or source of the information;and
h. in hrmarket.com’s opinion, is not prohibited orinappropriate to be advertised or traded through hrmarket.com.
8.1.3 You agree that you will not use any information forcommercial purposes, including but not limited to copying any informationdisplayed at hrmarket.com and use the same for commercial purposes without theprior written approval of hrmarket.com.
8.2 Rules for Transactions
8.2.1 Adding product descriptions. Product description isthe text description, illustration and/or image provided by you for display on hrmarket.com,which may include (a) a description of the product owned and offered by you; or(b) a description of the product you are looking for. You shall correctlyclassify such product descriptions. hrmarket.com will not be liable for theaccuracy or content of any product description.
8.2.2 Negotiations on the transaction. The parties to thetransactions will explicitly describe their offer and counter offer through hrmarket.comand conduct mutual negotiations. Upon acceptance of an offer or counter offerby the parties, such hrmarket.com member shave the obligation to complete thetransaction. Unless under special circumstances, for example, the user makesany material change to the description of the Products or corrects any typoafter you have sent your offer or you fail to verify the identity of the userinvolved in a transaction, all offers and undertakings shall be irrevocable.
8.2.3 No manipulation. You agree not to collude with anyassociates of the counterparty or any third party who aids in deception orfraud to manipulate the result of any business negotiation with thecounterparty.
8.2.4 No intervention with the transaction system. Youagree not to use any device, software or routine program to or attempt tointervene with the normal operation of hrmarket.com or any transaction beingcarried out on hrmarket.com. You shall not take any actions that wouldunreasonably or disproportionately overload hrmarket.com’s network infrastructure.
8.2.5 Feedback on transactions. You shall not take anyactions that may compromise the integrity of the feedback system, includingusing a secondary membership ID or any third party to input positive feedbackabout yourself, using a secondary membership ID or any third party to inputnegative feedback on other users (bombardment of feedback), or inputting negativefeedback for the user’s failure to perform certain acts beyond the scope of thetransaction (malicious feedback).
8.2.6 Dispute Settlement
(i) hrmarket.com will not be involved in any legalrelationship and legal disputes arising out of transactions between user sandit will not and shall not be involved in such transactions. You hereby release hrmarket.com(and its agents and employees) of any and all liabilities for any claims,requests and damages (actual and consequential) of whatever type and naturearising from or in connection with any dispute with one or more users or anythird-party service provider you sourced through hrmarket.com.
(ii) hrmarket.com has the right to accept and mediate anydispute arising from a transaction between you and another user. In addition,it has the right to unilaterally decide at its sole discretion whether thecomplaint and/or claim made by other users against you is valid or not. If hrmarket.comfinds the claim valid, you shall promptly use your own funds for compensation.Otherwise, hrmarket.com has the right to use the deposit paid by you (if any),deduct the corresponding amount from the fees any products or services of hrmarket.comand its affiliates you have paid for but not yet consumed or other funds (orinterests) in any of your accounts with Ali Websites for compensation. hrmarket.comhas no obligation to use its own funds for compensation, but in case it makessuch payment on your behlaf, you shall promptly compensate all losses sufferedby hrmarket.com. Otherwise hrmarket.com has the right to deduct suchcorresponding funds or interests in the manner set forth above. If it is stillinsufficient to cover the loss suffered by hrmarket.com, hrmarket.com reserves theright to make further claims. Given that hrmarket.com is not a judicial authority,you fully understand and acknowledge that hrmarket.com has limited ability toidentify evidence and handle disputes and that it only accepts and handles tradedispute upon your request, and does not guarantee that the dispute will beresolved to your satisfaction nor will it undertake any liability for such resolution.hrmarket.com has the right to decide whether or not to participate in disputesettlement.
(iii) hrmarket.com has the right to gather informationfrom you via email and notify the other party via email of the informationgathered. You have the obligation to cooperate with hrmarket.com, otherwise hrmarket.comhas the right to settle the dispute in a manner unfavourable to you.
8.3 Consequences of Violating the Rules
8.3.1 If hrmarket.com believes that any User Content maycause any legal or moral liability to hrmarket.com or may cause hrmarket.com tolose all or part of the services from its internet service provider or othersuppliers, hrmarket.com may take any action it deems necessary or appropriateto the User Content at its sole discretion, including but not limited todeleting such content. You hereby warrant that you have full rights, includingcomplete copyright, in the User Content you submitted to hrmarket.com. Youacknowledge that hrmarket.com has no responsibility to identify or determine whichUser Content submitted by you to hrmarket.com shall be protected and hrmarket.comwill not be liable for the use of your User Content by other users of the Services.
8.3.2 You shall be solely liable for and hold hrmarket.comharmless from any damage caused to any third party due to your potential breachof such warranties.
8.3.3 Without prejudice to any other remedies, hrmarket.commay immediately issue you with a warning, temporarily or indefinitely suspend,terminate or cancel your membership, delete any of your existing productinformation and any other content displayed by you on the websites, if:(i) youbreach this Agreement; (ii) hrmarket.com cannot verify or authenticate anyinformation provided by you to hrmarket.com; or (iii) hrmarket.com believesyour behavior may cause any legal liability to you, hrmarket.com’s users or anythird-party service providers providing service through hrmarket.com. Withoutprejudice to any other remedies, if you are found to have engaged in any fraudulentactivity involving hrmarket.com, hrmarket.com may suspend or close youraccount.
8.3.4 If any actions taken by users have been confirmedby effective legal instrument or held by hrmarket.com at its sole discretion asviolating laws or breaching this Agreement, hrmarket.com has the right todisclose such illegal activities at hrmarket.com China website and impose penalties(including but not limited to restriction of the users’ right and termination ofServices).
You fully understand and agree to irrevocably grant hrmarket.comand its affiliates the following rights:
9.1 With respect to the content you provide, you grant hrmarket.comand its affiliates an exclusive, worldwide, permanent, royalty free license (whichis sub-licensable at various levels) so that hrmarket.com and its affiliateshas the right to (in whole or in part) use, reproduce, modify, adapt, publish,translate, distribute, execute and display your User Content or producederivatives, and/or incorporate User Content in other works in any form, mediaor by any technology known now or developed in the future.
9.2 If you breach this Agreement or any other agreemententered into with hrmarket.com, hrmarket.com has the right to notify itsaffiliates by any means to request such affiliates to impose restrictions onyour rights and interests, including but not limited to, requesting Alipay topay the amount in your account to the beneficiary designated by hrmarket.com, requestingthe affiliates to suspend or terminate the provision of all or part of theservices and to make an annoucement of your breach on any website it operatesor actually controls.
9.3 Likewise, if you breach any agreement with hrmarket.com’saffiliates which has been confirmed by the relevant affiliate,hrmarket.com hasthe right to impose such restrictions on your account as you have agreed insuch agreement, including but not limited to suspending or terminating theservices provided to you and announce such breach on its website. Youunderstand and agree that hrmarket.com is not obliged to verify the facts with youregarding such confirmed breach or otherwise obtain your consent for such restrictionor annoucements and hrmarket.com shall not assume any liability in such regard.
Article11 Scope and Limitation of Liability
11.1 You expressly understand and agree that hrmarket.comshall not be liable for any damages, including but not limited to, liquidateddamages for loss of profits, goodwill, use and data, or other intangible losses(whether hrmarket.com has been advised of the possibility of such damages ornot)arising from any of the following circumstances: (i) use or inability touse the Services; (ii) fees with respect to the acquisition of any goods,samples, data, information or services through or from the Services, or thereceipt of any information or conclusion of any transactions or the acquisitionof substitute goods and services through or from the Services;(iii)unauthorized access or modification of your information or data transmitted;(iv) statements or conduct relating to the Services by any third party; or (v)any other matter relating to the Services however arising, includingnegligence.
11.2 hrmarket.com will use its best efforts to ensurethat you will enjoy your use of hrmarket.com. However, hrmarket.com cannot foreseeall technical problems or other difficulties at all times. Such difficultiesmay cause data loss or other service interruptions. Therefore, you expresslyunderstand and agree that you will individually assume the risks in usingServices and that the Services are provided on an “as is” and “as available”basis. hrmarket.com expressly disclaims any and all warranties of any kind,express or implied, including but not limited to any warranties of merchantability,fitness for a specific purpose and non-infringement. hrmarket.com does notwarrant that: (i) the Services will satisfy your requirements; (ii)the Serviceswill not be interrupted, will be timely, secure and free of any errors; (iii) theresults obtained by using the Services will be accurate or reliable; or (iv)the quality of any products, services, data or other materials purchased orobtained by you through the Services will meet your expectation. Any materialdownloaded or otherwise obtained through use of the Service is done at yoursole discretion, and you will be solely responsible for all associated risks.You shall be solely responsible for any damage to your computer system or anyloss of data that results from the download of such materials. No advice orinformation, whether oral or written, obtained from hrmarket.com or through orfrom the Services shall create any warranty not expressly stated in thisAgreement.
You agree that you must indemnify in full and hold hrmarket.comand its subsidiaries, affiliates, branches, directors, employees and agentsharmless from any loss arising from your breach of this Agreement or otherdocuments incorporated by reference herein, or your violation of any law whichinfringes the lawful rights of any third party, or your violation of any lawwhich results in administrative or criminal liability, thereby giving rise toany third party, administrative or judicial authority claim for damages orimposition of penalties (including judicial expenses and professional fees)against hrmarket.com and its subsidiaries, affiliates, branches, directors,employees and agents.
The Services or a third party may provide links to otherwebsites or resources. You acknowledge and agree that hrmarket.com has nocontrol over such third parties’ websites and resources, will not beresponsible for the availability of such external websites or resources, doesnot recognize any contents, promotions, products, services or other materialsobtained from or through such websites or resources, and will not beresponsible or assume any responsibility for the same. You further acknowledgeand agree that hrmarket.com will not undertake any liability for any direct orindirect losses arising from (or allegedly arising from) the use of or relianceon such contents, promotions, products, services or other materials obtainedfrom such third party websites or resources.
14.1 You shall fill in accurately and keep up-to-dateyour contact information, including email address, telephone, contact addressand post code so that you may be contacted by hrmarket.com and other users. Ifyou cannot be contacted through such contact information, thereby incurring anylosses or additional costs to your use of the Services, such losses or costsshall be solely borne by you. You understand and agree that you are obliged tomaintain the effectiveness of the contact information provided by you and incase of any modification or update thereof, you shall modify or update suchinformation in accordance with the requirements of hrmarket.com.
14.2 Unless otherwise explicitly provided for, any noticebetween you and hrmarket.com shall be sent by email to email@example.com(if the notice is to hrmarket.com),or the email address provided by you during registration(if the notice is toyou),or such other address designated by the party concerned. Any notice byemail shall be deemed delivered twenty-four (24) hours after the email is sent,unless the sender is informed that such email address is no longer valid.hrmarket.comalso may send the notice by prepaid registered mail with receipt requested tothe address provided by you during registration, in which case the notice shallbe deemed delivered three (3) days after posting.
Article15 Force Majeure
hrmarket.com shall not be liable for any delay or failureof performance hereof as a result of events beyond the reasonable control of hrmarket.com,including but not limited to acts of God, strikes or riots, shortages ofmaterials or rationing, rebellion, war, governmental actions, failure ofcommunication or other facilities, or serious casualties.
Article16 Governing Law, Jurisdiction and GeneralProvisions
16.1 The validity, interpretation, amendment, executionand dispute settlement of this Agreement shall be governed by the laws of thePeople’s Republic of China. In the absence of relevant laws and regulations,the general international business practices and/or trade practices shallapply.
16.2 The relationship between you and hrmarket.com isthat of independent contractors only. The Agreement is not intended toestablish or create any relationships of agency, partnership, joint venture, employmentor special authorization.
16.3 You agree that hrmarket.com has the right totransfer the rights and obligations hereunder in part or in whole for the purposeof its business operation, without further notice to or consent from you.
16.4 Any dispute arising out of or relating to thisAgreement or the Services shall be referred to the People’s Court for litigationin the jurisdiction where hrmarket.com is located.
16.5 This Agreement shall supersede any written or verbalagreements executed by and between you and hrmarket.com with respect to thesame matter. If any provision of this Agreement are ruled as invalid orunenforceable, such provision shall be deleted, and the other Terms shallremain valid and enforced. Headings are included for reference purposes onlyand shall not define, limit, construe or describe the scope or extent of suchprovisions. hrmarket.com’s failure to enforce any right or failure to act with respectto any breach by you or other person shall not constitute hrmarket.com’s waiverto take actions against any subsequent or similar breach.
16.6 In the event of any inconsistency between theEnglish and Chinese versions of this Agreement, the Chinese version will alwaysprevail.
周一至周五9:00 - 17:30
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