terms and conditions of this Agreement govern your access to and use
of the services provided by Green
Jobs Bay Sdn Bhd
(Company No. 1087845-M) of D-3A-8 Parklane Commercial Hub, Jalan
SS7/26 Kelana Jaya, 47301 Petaling Jaya (“ReferJobs” or “We”
a Malaysian entity, either itself or through its subsidiaries or
licensees, via various electronic platforms such as mobile
applications or its website namely www.referjobs.my (“Portal”).
accessing and/or using the Portal, you are indicating that you have
read, understand and agree to be bound by the terms and conditions
herein. If you do not agree with its terms, do not use this Portal.
you are an individual, you must be at least 18 years of age, or of
legal age as specified by the laws of Malaysia from time to time, in
order to use the Portal. We disclaim responsibility for our
contractual obligation made with a minor.
fully access or use the Portal, you are required to register for an
account by providing, among others, your name, email address and
password. You may still access this Portal without registration.
may post an image for the use of your online profile. By submitting
such image, you represent and warrant that you are authorised to use
such image and grants us the non-exclusive and royalty-free right to
use the image.
shall provide us with accurate, complete, and updated registration
information. Failure to do so shall constitute a breach of the terms
and condition of this Agreement, which may result in immediate
termination of your account.
registering an account, you shall not:
select or use as an account a name of another person with the intent to
impersonate that person;
as an account a name subject to any rights of a person other than
you without appropriate authorization; or
as an account a name that is otherwise offensive, vulgar or obscene.
reserve the right to refuse registration of, or cancel an account in
our discretion. You shall be responsible for maintaining the
confidentiality of your password.
specifically stated otherwise, the account is personal to you and
cannot be shared with third parties or transferred to third parties.
you are registering an account on behalf of a company, you represent
that you are authorised to do so. Each company is only allowed one
account on the Portal. To verify the identity of the user
representing the company, we may request for a document such as a
letter from the company verifying the same. In the event that you
are no longer authorised to maintain this account, the company shall
issue a letter to change authorised user and we will transfer this
account to the new authorised user and you shall cease access to the
of this Portal
this Portal, you may, among others:-
access to a variety of job postings, user profiles, advertisements,
user discussions, articles, tools and widgets;
search and browse job listings of the Portal;
post job postings on the Portal;
communicate with users of the Portal; and
post information, images, pictures, data, text, music, sound,
photographs, graphics, video, messages, or other materials
do not represent or warrant that:-
to the Portal or any part of it, will be uninterrupted, reliable or
Portal or any of its contents will be accurate, complete or reliable
successful rate on getting any candidates and/or the suitable
candidates for you.
(2A) Subject to
Paragraph 2(2)(iii) and within 14 day after the date of appointment
if either you or the candidate decide not to proceed or to cancel the
employment we may refund you up to 30% of the Referral Fees
hereinafter defined. No refund shall be entertain if the cancellation
of appointment is made after the 15th
day of the employment
(ii) reserve the right to amend any information provided for publication
to rectify any errors (such as typographical and grammar errors) and
inaccuracies or remove any listings that is inappropriate or is in
and Advertisement Rules
must ensure that your job listing and advertisements comply with all
applicable laws, statutes, regulations,
code of conduct or guidelines issued by any relevant trade
organisation. Such job listings or advertisements must not violate
any laws, regulations, judicial or governmental order, industry code
of conduct or guidelines issued by any relevant trade organisation,
any treaties or violate or infringe upon any intellectual property
rights, rights of publicity or privacy, or any other rights of ours
or of any other person.
job postings and advertisements must not contain false, misleading,
fraudulent, or deceptive claims or content. It must true, accurate
and not misleading.
shall not misuse the personal data obtained or generated from your
job listings or advertisements.
job postings and advertisements must not be libelous, defamatory,
indecent, vulgar or obscene, pornographic, sexually explicit or
sexually suggestive, racially, culturally, or ethnically offensive,
harmful, harassing, intimidating, threatening, hateful,
objectionable, discriminatory, or abusive, or which may or may
appear to impersonate anyone else.
job postings and advertisements must not affect us adversely or
reflect negatively on us, the Portal, our goodwill, name or
reputation or cause duress, distress or discomfort to us or anyone
else, or discourage any person from using all or any portion,
features or functions of the Portal, or from advertising, linking or
becoming a supplier to us in connection with the Portal.
job postings must not discriminate against race, political belief,
religious belief, age, gender and marital status.
job postings must not require applicants to pay deposits, placement
fees, processing fees or any other fees similar in nature, directly
or indirectly, and/or require applicant to make purchases whether
from you or any third party.
job posting must not purportedly promote pyramid selling or similar
job posting must not be purporting to be home-based and/or
internet-based where applicants are asked to provide bank account
numbers and/or other personal identification numbers in order to
may be permitted to access our database of users but you shall
acknowledge and agree that all and any information or data obtained
in connection with such access shall only be collected, used or
disclosed for the sole purpose of recruiting and assessing the
suitability of candidates. You also acknowledge and agree that you
shall not use or retain any information on the Portal relating to a
candidate which is irrelevant to your job listing.
an employer or recruiter, you are required to provide a referral fee
to ReferJobs. ReferJobs will in turn pay users who refer candidates
to you. Referral Fee is payable to ReferJobs when the candidate
(which may be the user himself) is hired by you or any of your
related companies (as defined by s. 6 of the Companies Act 1965).
Any fee imposed pursuant to this Agreement is excluding any tax or
GST and you are required to pay any tax or GST at the rate imposed
by the Government or authority at the particular time.
Referral Fee is due immediately upon hiring of the candidate.
agree that in the event that you fail to pay such referral fee,
ReferJobs has the right to initiate legal action against you and we
may suspend or terminate your account with us.
reserve the right to change or vary our service fee or institute new
charges or fees, as it deems appropriate at any time. In the event
that you fail to pay the service fee or any other fees or charges
due to us, we reserve the right to suspend or terminate your
account, job postings and advertisements and/or your right to
access the database, without prejudice to all other rights and
remedies available to us. You also agree that the Referral Fee may
be changed from time to time at the discretion of ReferJobs to a
minimum of 25% and maximum 100% of the candidate’s first month salary
per job opening.
agree that we are merely a conduit to connect candidates with
employers or recruits who use the Portal. We are under no obligation
to pay you the Referral Fee or for the services rendered by you to
the employer or candidate.
understand that all Content, whether publicly posted or privately
transmitted, is the exclusive work and property of the person from
whom such Content originated.
do not claim any permanent ownership of your Content. You retain
copyright and any other rights you already hold in Content which you
submit, post, upload or display on or through the Portal. When you
submit, post, upload or display Content, you grant us a perpetual,
irrevocable, worldwide, royalty-free, and non-exclusive license (and
sub-licensable) to use, exploit and archive the Content in
accordance with or as reasonably contemplated by this Agreement.
you post, submit, or upload Content on the Portal you represent and
own all copyright in the Content, or if you are not the owner, that
you have permission to use the Content, and that you have the right
to display and reproduce the Content via the Portal. You license us
to use and sub-license the Content in accordance with this
and your Content do not and will not infringe the intellectual
property rights or other rights of any person or entity, including
copyright, moral rights, trade mark, patent or right of privacy;
or your Content, and your use, storage, reproduction and display on
the Portal will comply with all applicable law, rules and
Content does not breach any of this Agreement;
Content is not misleading and deceptive and does not offer or
disseminate fraudulent goods, products, services, schemes, or
use of this Portal is subject to our guidelines.
Content posted on the Portal is subject to our Community
agree to adhere to our guidelines and if you fail to do so, we
reserve our right to suspend or terminate your account. We also
reserve our rights to introduce, change or amend our guidelines from
time to time.
you use the Portal, we will collect, store and use certain
information as described in our Privacy
If you do not agree to such provisions, please do not use the
acknowledge and agree that after your resume and other personal data
are submitted to us, the said information is automatically readable,
downloadable by other users of this Portal who pays for access to
are not responsible for the manner in which your resume or personal
data is used or processed by such users.
will endeavour to limit access to our database to other users, but
cannot warrant or ensure that other parties will not gain access to
acknowledge and agree that when your resume is displayed in our
database, personal data present within the resume may be collected,
used and disclosed by parties other than the said users. This may
result in unsolicited messages or unintended consequences from third
parties for which we are not responsible.
you may remove your resume or personal data from the Portal if you
deem appropriate, such user who have gained access to our database
may have already retained and/or continue to retain the resume or
personal data in their own files or databases. We are not
responsible for the retention, use or disclosure of your resume or
personal data in these circumstances.
will not disclose or use our Confidential Information.
Information” means any information disclosed or made available
to you by us, directly or indirectly, whether in writing, orally or
visually. It includes but is not limited to all information
contained within our reporting systems and other performance metrics
and any other technical or programming information we disclose or
make available to you.
Confidential Information does not include information other than
or becomes publicly known and generally available other than through
your action or inaction; or
already in your possession (as documented by written records)
without confidentiality restrictions before you received it from us.
acknowledge, consent and agree that we may access, preserve and
disclose your account information and Content if required to do so
by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (i) comply with legal
process; (ii) enforce this Agreement; (iii) respond to claims that
any Content violates the rights of third parties; (iv) respond to
your requests for customer service; or (v) protect our rights,
property or personal safety, our users and the public.
Portal may allow users to send messages to each other. However, the
use of the private messaging service is not “Private” in
the sense that it is a message seen only by the sender and receiver.
While the message is private from the rest of the users, we can view
them if needed from the database.
expressly agree that we, our directors, officers, shareholders,
employees, representatives, consultants, agents, suppliers, and/or
distributors will not be liable for any loss of profits, data or
costs of procurement of substitute goods or services, or for any
other indirect, special, incidental, punitive, consequential damages
arising out of or in connection with this Agreement or other
intangible losses, however caused, and under whatever cause of
action or theory of liability brought, even if we have been advised
of the possibility of such damages, resulting from
(i) your access to
or use of or inability to access or use the Portal;
(ii) any conduct or
content of any third party on this Portal, including without
limitation, any defamatory, offensive or illegal conduct of other
users or third parties;
(iii) any Content
obtained from this Portal; and
access, use or alteration of your transmissions or Content, whether
based on warranty, contract, tort (including negligence) or any other
legal theory, whether or not we have been informed of the possibility
of such damage, and even if a remedy set forth herein is found to
have failed of its essential purpose.
you are dissatisfied with any aspect of this Portal, or with any of
your access and/or use of this Portal. This limitation of liability
shall apply to the maximum extent permitted by law.
acknowledge that we may not be able to confirm the identity of other
registered users or prevent them acting under false pretences or in
a manner that infringes the rights of any person.
must ensure that your access to this Portal and the service is not
illegal or prohibited by laws that apply to you.
must take your own precautions to ensure that the process that you
employ for accessing this Portal and our service does not expose you
to the risk of viruses, malicious computer code or other forms of
interference which may damage own computer system. We do not accept
responsibility for any interference or damage to any computer system
that arises in connection with your use of this Portal or any linked
you have a dispute with one or more users, you release us (and our
officers, directors, agents, subsidiaries, joint ventures and
employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes.
Intellectual Property Rights
acknowledge that we own all right, title and interest, including
without limitation all Intellectual Property Rights (as defined
below), in and to the Portal, and that you will not acquire any
rights, titles, or interests in or to the Portal except as expressly
set forth in this Agreement.
will not modify, adapt, translate, prepare derivative works from,
decompile, reverse engineer, disassemble or otherwise attempt to
derive source code from any of our services, software, or
documentation, or create or attempt to create a substitute or
similar service or product through use of or access to the Portal or
proprietary information related thereto.
will not remove, obscure, or alter our copyright notice, Brand
Characteristics (as defined below), or other proprietary rights
notices affixed to or contained in the Portal.
Property Rights” means any and all rights existing from time to
time under patent law, copyright law, moral rights law, trade secret
law, trade mark law, unfair competition law, publicity rights law,
privacy rights law, and any and all other proprietary rights, as
well as, any and all applications, renewals, extensions,
restorations and re-instatements thereof, now or hereafter in force
and effect worldwide.
you wish to use our trade names, trademarks, logos, domain names,
and any other our brand characteristics (“Brand
you may do so, so long as such use is in compliance with this
Agreement and you agree not to:
the Brand Characteristics as the most prominent element on your web
the Brand Characteristics in any manner that implies a relationship,
affiliation or endorsement by us that can suggest the editorial
content of the web page represents our views or opinions and our
the Brand Characteristics on any Web page that contains or displays
adult content, promotes gambling, or otherwise violates applicable
the Brand Characteristics in a manner that is in our sole opinion
misleading, defamatory, obscene, infringing or otherwise
objectionable by us;
distort or change any element of the Brand Characteristic; and
not use our trade marks in a manner which will dilute theirs
distinctiveness. Do not use any of our trade marks as a verb. And
don’t pluralize them either. Also do not combine your name with
our trade marks.
part of the service provided, we will send emails to notify you on
the on-going activities on the Portal or to inform you about new
products or services provided by us. You may unsubscribe by
contacting us or using the unsubscribe option in the email updates
that we forward to you.
Portal may contain links to third-party web sites (“Third-Party
Sites”) and third-party content (“Third-Party Content”)
as a service to those interested in this information. You use links
to Third-Party Sites, and any Third-Party Content therein, at your
own risk. We do not monitor or have any control over, and make no
claim or representation regarding, Third-Party Content or Third-Party
Sites. We provide these links only as a convenience, and a link to a
Third-Party Site or Third-Party Content does not imply our
endorsement, adoption or sponsorship of, or affiliation with, such
Third-Party Site or Third-Party Content.
may terminate your access to all or any part of the Portal at any
time, with or without cause, effective immediately. You may
terminate your use of the Portal at any time, provided that all
provisions of this Agreement, which shall survive termination,
including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
will terminate your access to the site if you are determined to be,
in our sole discretion, a repeat infringer of this Agreement.
also reserve the right to suspend or cancel your account that has
been inactive for extended periods of time.
may, but shall not be obligated to, give you one warning if you have
violated this Agreement prior to suspension or termination of your
the event that this Agreement terminates for whatsoever reasons, the
following shall be applicable:-
(a) your access to
the Portal shall immediately terminate;
(b) you shall
continue to comply with all of the obligations on your part under
this Agreement which are not affected by termination;
(c) we reserve the
right to permanently dispose and delete any data held in the Portal
without further reference to you;
(d) we may forfeit
all your credits and points; and
(e) any claim which
either party may have against the other in respect of any breach or
non-performance or repudiation of any of the provisions of this
Agreement which shall have occurred prior to such termination shall
not be affected or prejudiced and all rights of termination under
agree to indemnify, defend and hold us, our agents, affiliates,
shareholders, subsidiaries, directors, officers, employees, and
applicable third parties (e.g. syndication partners, licensors,
licensees, consultants and contractors) (collectively “Indemnified
Person(s)”) harmless from and against any and all third party
claims, liability, loss, and expense (including damage awards,
settlement amounts, and reasonable legal fees), brought against any
Indemnified Person(s), arising out of, related to or which may arise
from your use of the Portal and/or your breach of any term of this
agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement will be governed by the laws of Malaysia and parties agree
that any dispute or claim between you and us will be adjudicated in
the courts in Malaysia. Any claim against us arising from the
Agreement shall be adjudicated on an individual basis, and shall not
be consolidated in any proceeding with any claim or controversy of
any other party;
any of these terms and conditions of this Agreement is unenforceable
(including any provision in which we exclude our liability to you),
the enforceability of any other part of this Agreement will not be
reserve the right to change our terms and conditions herein from
time to time. We may change any or all aspects of services provided
by the Portal at any time and without notice. Nothing in this
Agreement will constrain how we operate our business. You shall be
responsible for reviewing and becoming familiar with any such
the alterations constitute a material change to our terms and
conditions, we will notify you by posting a notification on this
Portal. Use of the services by you following such notification
constitutes your acceptance of the terms and conditions of the terms
and conditions as modified.
constitutes a “material change” will be determined at our
sole discretion, in good faith and using common sense and reasonable
Portal carries job listings and advertisements of companies and
businesses. All information associated with a job listing or
advertisement is provided by the companies or businesses. We do not
in any way endorse any job listings or advertisements.
are solely responsible for accessing job listings or advertisements
and any reliance you may place on such job listings or
advertisements is done solely at your own risk.
take no responsibility and assume no liability for any job listings
or advertisements on this Portal or for the accuracy of any
information contained therein or associated therewith.
dealings or communications with, the companies or businesses, and
any terms, conditions, warranties or representations associated with
such dealings, are solely between you and such the companies or
businesses. We are not responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the
result of job listings and advertisements appearing on this Portal.
our sole discretion, we may assign this Agreement upon notice to
you. Headings are for reference purposes only and do not limit the
scope or extent of such section. Our failure to act with respect to
a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. We do not guarantee we
will take action against all breaches of this Agreement.
do not guarantee or warrant that the data stored in our server or
generated by the Portal will be backed up. You shall be responsible
for keeping an independent backup of all data stored or generated.
are also responsible for maintaining accurate data including the
number of your credits and/or points. However, in the event that
your records do not correspond with our records, the latter shall