TERMS AND CONDITIONS
Last updated May 18, 2020
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and AndalanRecruit (“we,” “us” or “our”), concerning your access to and use of the AndalanRecruit.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”).
ELIGIBILITY TO USE
To access or use the Platform, you must be at least 18 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use the Platform. An employer and its authorized staff(s) are permitted to use the employer's Employer Account and any data about that employer provided via that account for the employer's internal business purposes. Except as set forth above, or as otherwise approved by us, The Platform is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use the Platform if we have terminated your account or banned you.
- In order for you to create an account for the Platform, we require that you provide a valid email address and phone number. The email and phone number you use must be one where we can reach you. In the event we cannot correspond with you via this email address or phone number, your submitted content may be rejected and your account may be disabled. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by the Platform at any time. When you set up an individual user account on the Platform, we create an user profile for you that will include personal information you provide. We will update your Profile with information we extract from resumes you upload on the Platform. You may permit us to share information in your Profile with prospective employers, recruiters, and others. Subject to visibility settings that you control, subscribers to services we may introduce will be able to view information in your Profile. Because your anonymity on the Platform is important, your Profile does not include or link to information about the reviews you submit to the Platform.
- You may be able to register an account and subsequently access the Platform through a social networking site, such as LinkedIn ("Social Networking Site"). If you access the Platform through a Social Networking Site you agree that we may access, make available through the Platform, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through the Platform via your account and your Profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access the Platform, personally identifiable information that you post to that Social Networking Site may be displayed on the Platform. Please note that your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
USING THE PLATFORM
- Content from other users, advertisers, and other third parties is made available to you through the Platform. "Content" means any work of authorship or information, including salaries, company reviews, company photos, logos, employer responses, job ads, employer profile information, advertisements, postings, resumes, text, files, images, photos, works of authorship, e-mail, data or other materials you find on the Platform. Because we do not control such Content, you understand and agree that: we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided by other users; we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.
We allow users to post content about employers when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, or provide work that is an integral part of the employer's value chain. We also allow users to review the staffing firms that place them in these roles. We consider all workers in these roles as 'employees' with regard to Content left on the Platform.
- You represent and warrant that you will use the Platform solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on the Platform ("Your Content"). You agree that by submitting or authorizing Your Content for use on the Platform, you have reviewed and understood our Terms and Conditions. You understand that you may expose yourself to liability if Your Content or other use of the Platform violates applicable law or any third-party right.
You agree that you will not:
- Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
- Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company
- Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
- Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Terms and Conditions, or any applicable law, rule or regulation;
- Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
- Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by us);
- Promote, endorse or further illegal activities;
- Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
- Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
- Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
- Solicit personally identifying information from minors;
- Except as expressly approved by us, and subject to applicable laws, use the Platform for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- Imply an endorsement or partnership of any kind with the Platform without our express written permission;
- Introduce software or automated agents to the Platform, or access the Platform so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from the Platform without our express written permission;
- Copy, modify or create derivative works of the Platform or any Content (excluding Your Content) without our express written permission);
- Copy or use the information, Content (excluding Your Content), or data on the Platform in connection with a competitive service, as determined by the Platform;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of the Platform;
- Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
- Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the Platform; or Attempt to circumvent any security feature of the Platform;
- The Platform may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave the Platform, our terms and policies do not govern your use of third-party websites.
- The Platform does not guarantee the identity of an employer or any individuals working for any employers, and cautions candidates when applying to jobs. The Platform does not guarantee the validity of a job offer and cautions candidates to verify the validity of a job offer before taking an adverse action regarding their current employment situations. You are solely responsible for verifying the accuracy of any employer or job offer.
- From time to time we may provide you with templates for your use, such as, templates to help employers solicit reviews from your employees, or templates to help employers with job descriptions for job postings, or templates to help candidates craft their resumes. You understand and agree that the templates we offer through the Platform are provided as suggestions and their contents do not constitute legal or employment advice. With respect to job description templates, you understand and agree that we cannot guarantee that a description properly applies to the specific circumstances of your hiring needs. You accept that your use of any template provided by the Platform is at your own risk.
TERMS FOR EMPLOYERS
- You may not post any job ad that:
- Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
- Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
- Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the Candidate would be selling); or resembles a multi-level marketing scheme.
- Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
- Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit job ads;
- Contains multiple job openings in a single job ad (unless you've purchased a service that permits this);
- Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in our reasonable discretion.
You agree that AndalanRecruit may, at its sole discretion, remove or prevent the posting of any job ad for any or no reason.
- We may inform a user when you have taken an action with respect to information we have shared with you on behalf of that user, such as when you open the user's application, view their resume, view their profile on the Platform, and/or make a decision about their application. When you view, store or receive materials through your use of the Platform, we may use such materials for data analysis, quality control, or to refine our platform and services. We may also share with our users our observations based on such data analysis. For example, we may tell our users which employers are more likely to open applications submitted to the Platform, which employers are active on the Platform, and how long certain aspects of the candidate process take on average for a given employer. We may, on your behalf, send out reminder emails to Candidates you wish to interview. We may also send emails to Candidates on your behalf indicating that your job posting is potentially a match for the Candidate’s resume. You understand and agree that AndalanRecruit may take such actions.
TERMS FOR ADVERTISERS
This term applies to all advertisers, including employers who purchase job ads or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
While we has no obligation to do so, we reserves the right to:
- monitor The Platform for violations of these Terms and Conditions;
- review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on the Platform, or that we deem, in our sole discretion, inappropriate. If you see any Content on the Platform that you believe violates our policies, you may report that Content by contacting us. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you;
- investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from the Platform; suspending your rights to use the Platform; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you;
- take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.
RIGHTS TO YOUR CONTENT
We do not claim ownership in any Content that you submit or authorize for use to AndalanRecruit, but you grant us the rights to use such Content as set forth below. By submitting or authorizing us to display any Content on the Platform, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to AndalanRecruit's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve AndalanRecruit and to make Content submitted to or through the Platform available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through the Platform. You should only submit Content to the Platform that you are comfortable sharing with others under the terms and conditions of these Terms.
RIGHTS TO ANDALANRECRUIT CONTENT
The Platform contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and AndalanRecruit owns and retains all property rights in the Platform. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from the Platform solely for your personal use in connection with using AndalanRecruit. Except as provided in the foregoing, you agree not to reproduce, modify, publish, transmit, distribute the Content on the Platform (excluding Your Content) without our prior written consent or the consent of the third party that owns the Content.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of AndalanRecruit, including due to or arising from your breach of any provision of these Terms.
DISCLAIMERS AND LIMITATION ON LIABILITY
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
The Platform is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) AndalanRecruit will meet your requirements; (2) AndalanRecruit will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of AndalanRecruit will be accurate or reliable.
Any emails or email notifications corresponding with any activity on the Platform, or any other communications service, product, or feature provided on or through AndalanRecruit, are provided solely as a courtesy. AndalanRecruit disclaims all warranties with regard 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. Further, if you are an employer and you posted a job posting directly on the Platform, applications are sent only to your dashboard; any other notifications you may receive are provided solely as a courtesy to you.
AndalanRecruit assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any job posting, career page, job solicitation, screener question, answer to screener question, resume information, or message you post, send or receive through the Platform or the other communication Service.
You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of AndalanRecruit. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on the Platform, whether caused by users or by any of the equipment or programming associated with or utilized in AndalanRecruit. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on the Platform or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with AndalanRecruit. Under no circumstances shall we be responsible for any loss or damage resulting from the use of the Platform or from any Content posted on AndalanRecruit or transmitted to users, or any interactions between users of AndalanRecruit, whether online or offline.
You hereby release the AndalanRecruit from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the platform. without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the platform (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. we may terminate your use or participation in the platform or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
CHANGES TO TERMS
We may revise these Terms from time to time by updating the “Last updated” date of these Terms and Conditions. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the last updated date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of AndalanRecruit is subject to the most current effective version of these Terms.
These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of AndalanRecruit, shall be governed by the laws of the Republic of Indonesia without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction.
Any claim or dispute shall be brought and litigated exclusively in the courts located within Jakarta, Indonesia, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of the Platform and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with AndalanRecruit's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."
In order to resolve a complaint regarding The Platform or to receive further information regarding use of The Platform, please contact us at:
Kem Tower Lt. 10 Zona B,
Jl. Landas Pacu Barat Blok B 10 Kav. 2
Kemayoran, Jakarta Pusat, 10610, Indonesia