Date of last revision: 20 November, 2019
The User Agreement ("Agreement") governs the relationship between Leader Builder Limited and you as a user who interact with libbler.com website ("LIBBLER"). LIBBLER and Leader Builder Limited should be regarded as one body for this Agreement. By using LIBBLER, you agree to the Agreement as a LIBBLER user ("User"). If you do not want to accept, please do not use LIBBLER.
LIBBLER website allows Users to access employment opportunities, upload resumes or make inquiries (the “Services”). Unless otherwise stated, new products and features or any enhancement shall be subject to the Agreement. You agree to use LIBBLER as it may exist and available on any given time. As long as LIBBLER continues to offer the Services, LIBBLER will seek to enhance our Services. LIBBLER has no other obligations, except as stated in this Agreement, and may amend, replace, suspend or discontinue all or part of the Services in our sole discretion.
LIBBLER will make available any of these changes on the website or by direct communication to you using the registered email address you provided LIBBLER. LIBBLER has no liability arising from your failure to maintain the accuracy of your contact information.
You and LIBBLER must comply with all applicable laws and the Agreement.
Owning and sharing your information
For information you provide LIBBLER, you grant LIBBLER a non-exclusive, unlimited, worldwide, transferable, sub-licensable, royalty-free right to us to use this information without any further consent, notice and/or compensation to you or to any third parties. By providing information to LIBBLER, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
LIBBLER platform and services are used by companies and related parties (collectively, "Partner Employers") for the sole purpose of assessing and recruiting candidates. When you apply for an employment opportunity on LIBBLER, you are authorizing LIBBLER to disclose your profile, including your resume and personal contact information (collectively, "Candidate Information") to the Partner Employers on your behalf in order to facilitate your application. Your Candidate Information will not be disclosed unless you apply for an employment opportunity or give us your permission.
Although LIBBLER shall use its reasonable efforts to restrict Candidate Information access only to the Partner Employers and personnel of LIBBLER, we do not guarantee that other parties will not, without our consent, gain access or have retained a copy of your Candidate Information. LIBBLER will not be responsible or held liable in any way if any Partner Employer, in breach of the Employer Terms and Conditions, whether in Hong Kong or elsewhere, use the Candidate Information for any use other than for recruiting employees.
Please note that it is the User's obligation to provide and maintain the accuracy of your Candidate Information. LIBBLER reserves the right to revoke your application under the following situations:
- After having conducted a review of your Candidate Information, we find inaccurate, false or duplicate entries.
- Despite having communicated with you on what needs to be rectified in order to stay in the job applicant pool, we do not receive a response from you within 10 days.
- We find out from our Partner Employers that you have acted in an unprofessional manner or did not abide by agreed User terms during any part of the application process.
Other Obligations of User
- You will not misrepresent yourself to be another person or a representative of another entity.
- You may use LIBBLER for non-commercial or personal use only.
- You will not upload or provide any material that is unlawful, discriminatory, abusive, harmful, offensive, obscene or otherwise in breach of any laws.
- You will not infringe upon intellectual property rights. This also includes content that you do not have the right to disclose under any law, or under contractual or fiduciary relationships such as insider information or trade secrets.
- You will not infringe or use LIBBLER word, brand, logos and trademarks, or any confusingly similar marks, without our written permission.
- You will not upload viruses or other malicious codes, or engage in any activity that could interrupt or overburden the proper working of LIBBLER.
Disclosure of your information
LIBBLER reserves the right to amend, add to, delete or revise the Agreement at any time without prior notice. You are advised to periodically review the Agreement. Your continued use shall constitute your acceptance of all changes and they shall be binding upon you.
If you abuse or misuse the Services or violate this Agreement, or otherwise create risk or possible legal exposure for LIBBLER, LIBBLER can stop providing all or part of LIBBLER to you after sending a notification of such decision to your email address registered with LIBBLER. You may also delete your account at any time.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING LIBBLER AT YOUR OWN RISK. LIBBLER PROVIDES THE PLATFORM AND INFORMATION ON AN AS-IS BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. LIBBLER SHALL NOT BE HELD RESPONSIBLE FOR ANY DECISION MADE ON THE BASIS OF INFORMATION SHOWN ON OR OMITTED FROM THE WEBSITE.
WHILE LIBBLER WILL MAKE REASONABLE EFFORTS, WE ARE NOT LIABLE FOR THE ACTIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO EMPLOYERS NOT CONTACTING CANDIDATES UPON RECEIPT OF CANDIDATE INFORMATION, OR EMPLOYERS NOT UPDATING THE LATEST AVAILABILITY OR CHANGES OF THE OPPORTUNITY ADVERTISED ON THE WEBSITE. YOU RELEASE LIBBLER, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS AND AGENTS (COLLECTIVELY REFERRED TO AS "LIBBLER AFFILIATES") FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
LIBBLER DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT ANY INTERRUPTION. YOU MAY ENCOUNTER TEMPORARY SYSTEM OR NETWORK FAILURES, TEMPORARY SUSPENSION OF THE WEBSITE DUE TO MAINTENANCE. LIBBLER WILL NOT BE RESPONSIBLE FOR ANY LIABILITY ARISING FROM MALFUNCTIONING, INACCESSIBILITY TO THE WEBSITE AND ANY OTHER REASON.
- This Agreement shall be governed by and construed in accordance with the laws of Hong Kong regardless of your country of origin or where you access LIBBLER, without giving effect to its conflict of law principles or rules to the extent that the application of the law of another jurisdiction would be required thereby. In the event of any litigation or dispute ("Disputes") arising hereunder, you and LIBBLER agree to submit all Disputes arising out of or related to this Agreement to the exclusive jurisdiction of courts of Hong Kong.
- You indemnify us and hold us harmless for all damages, losses and costs (including reasonable legal fees and costs) related to all third party claims, charges and investigations caused by your failure to comply with the Agreement.
- Neither LIBBLER nor any of LIBBLER Affiliates shall be liable for any lost profits or data or other consequential, special, indirect or incidental damages arising out of or in connection with this Agreement or LIBBLER.
- LIBBLER or LIBBLER Affiliates aggregate liability arising out of this Agreement shall be limited to the amount paid for by the User to LIBBLER in the last 12 months. Applicable law may not allow the limitation or exclusion of liability, so this limitation or exclusion may not apply to you. In such cases, LIBBLER and LIBBLER Affiliates' aggregate liability will be limited to the fullest extent permitted by applicable law.
- This Agreement makes up the entire agreement between the parties regarding LIBBLER, and supersedes any prior agreements.
- If any provision of this Agreement is found to be unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
- If we fail to enforce any of this Agreement, it will not be considered a waiver. Any amendment to or waiver of this Agreement must be made in writing and signed by LIBBLER.
- You will not assign or transfer any of your rights or obligations under this Agreement to anyone else without a written permission from LIBBLER.
- All of LIBBLER's rights and obligations under this Agreement are freely assignable by LIBBLER in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
- Nothing in this Agreement shall prevent us from complying with the law.