Terms of service

VALID FROM MARCH 1, 2020

The use of the services of the Asia HR Website implies acceptance by the User of all of the General Conditions of Use set out below. If you refuse these conditions, you must leave the Website.

Your use of ASIA HR services is also subject to any other contract you may have with ASIA HR. In case of conflict between these Conditions and contracts that you may have with ASIA HR, the terms of your contract will prevail.

 

1. General Framework

The Asia HR Website is owned by the Thai company, Asia HR (Thailand) Co. Ltd.

These TERMS AND CONDITIONS govern the relationship between:

Asia HR, referenced under the domain name, on the one hand,
AND
Users of the ASIA HR Website referenced under the domain name https://www.asia-hr.com, as identified by themselves when creating their account on said Website, as well as non-connected users and non-members.

The ASIA HR Website, hereinafter referred to as “ASIA HR”, is offered to you under certain conditions of use, defining all of the relationships between users and ASIA HR.

These general conditions can be viewed online on the ASIA HR Website. They are likely to be modified without any other formality than the posting of a new modified version, only the latter version being retained.

 

2. Définitions

  • “TERMS AND CONDITIONS“: means these “General Conditions of Use.”
  • “Website,” “ASIA HR”: designates the Website https://www.asia-hr.com/
  • “We” and “our“: refer to our “Asia HR” Website.
  • “Candidate“: any natural person who goes to the Website looking for professional opportunities.
  • “Employer“: any company or individual is representing it who is interested in hiring or soliciting (service contract) one or more Candidates on the Website.
  • “You” or “User“: perhaps a Candidate, an Employer. The User is distinguished from the simple “Visitor”, a natural or legal person, who goes to the Website to consult the services offered by ASIA HR without being registered.
  • “Announcement“: job offer published on the Website.
  • “Registration“: action by the User to register their contact details for the use of ASIA HR for a fee or free of charge.
  • “Profile“: Information entered during the registration of the Candidates and which can be completed on the basis of the information contained in the CV sent by the Candidates.
  • “Publish“: This means the submission, publication, or display of data by you on the ASIA HR Website.

 

3. Use of the ASIA HR Website

ASIA HR is a general recruitment Website dedicated to the labor market in Myanmar and Thailand. ASIA HR connects Candidates looking for a professional opportunity in Myanmar and advises companies based in Thailand and Myanmar.

The ASIA HR Website is a place of exchange, allowing Candidates to publish their profiles and search for a job.

To use ASIA HR as a Candidate, you must register and create a profile. The use of the Website is free for Candidates and without obligation. When registering, we ask you to provide us with information such as your last name, first name, a valid email address, and any other information that we consider relevant. In order to register, you must attach your CV. You are solely responsible for the format, Content, and accuracy of any CV sent to ASIA HR.

ASIA HR may review all of the information you provide to us during the registration process. We keep the right, at our sole discretion, to accept or reject your registration, and this, in compliance with the regulations prohibiting any form of discrimination, this choice cannot give rise to any dispute.

You have no ownership rights in your account. If you close your account or if your account is deleted by ASIA HR, all your information, including that of the profile, CVs, registered jobs, may be deleted from the ASIA HR database. It is specified that Employers may keep backed-up copies of your CV.

ASIA HR reserves the right to delete your Candidate account and all your data after a significant period of inactivity.

 

4. Commitments and responsibility of the User towards ASIA HR

When you use the Website, you agree to respect the commitments below. Otherwise, you are informed that your civil and / or criminal liability could be incurred by any person concerned or by any competent authority.

By creating an account on ASIA HR, you agree to provide accurate, sincere, complete, and up-to-date information, and to provide your true identity.

If you provide false, inaccurate, outdated, or incomplete Content, ASIA HR has the right to suspend or terminate your account and to refuse you any current or future use of the Website. You are responsible for all activities that occur on your account.

You also agree not to create an account using a false identity or false information, or on behalf of someone other than yourself. You agree not to have more than one account. You agree not to create an account or use the Website if you have already been banned from the Website.

You are prohibited from even temporarily sharing your username, password, and other parameters of access to your account to third parties. You are responsible for the use of your registrations and passwords on the ASIA HR Website, whether or not this use has been authorized by you.

By using the services of ASIA HR, you are solely responsible for the confidentiality of your password and your account. Likewise, you assume full responsibility for all the operations carried out under your name. You agree to immediately notify ASIA HR of any unauthorized use of your account or any security breach. ASIA HR will in no case be liable for any loss of any kind whatsoever resulting from the fraudulent use of your password or account, whether or not this operation was carried out without your knowledge. You may be held responsible for losses suffered by ASIA HR or by any of its parts resulting from the fraudulent use of your account or password. You are not at any time authorized to use the account of another user without the prior permission of its owner.

The User must use the Website without seeking to harm the Website and without exceeding the functionalities offered. In particular, you agree not to:

  • Carry out actions which would represent an unreasonable or disproportionate constraint for the ASIA HR Website infrastructure;
  • Transmit, publish, distribute, record or destroy any material, in particular the contents of ASIA HR, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information;
  • Aggregate, copy or duplicate in any way the Content or information available on the ASIA HR Website, including expired job offers, except as duly authorized by these Terms;
  • Endanger or try to endanger the security of the ASIA HR Website. This includes attempts to control, scan or test the vulnerability of a system or network or to violate security or authentication measures without express prior authorization;
  • Attempt to interfere with the Service provided to any user, host or network;
  • Publish Content or materials that contain false or misleading information or that promote, support or reinforce activities that are prohibited by these conditions;
  • Go beyond your User prerogatives, for example by trying to use the tools to which you do not have access or by deleting, adding or modifying Content of the Website;
  • Imitate or usurp the identity of a Candidate, Employer or any person from the ASIA HR team;
  • Share, with a third party, any connection identification to the ASIA HR Website, a third party being any person other than the single User to whom the identifier is assigned;
  • Referencing or creating links to any content or information available from the Website, except expressly authorized by these Conditions;
  • Use data mining systems, robots or any other similar method for collecting and exploiting data;

 

Carry out against ASIA HR, its directors, administrators, employees and complaint agents, any legal action or request including without restriction, the legal and accounting costs resulting from (i) any content that you have provided on the ASIA HR Website, (ii) any use you have made of the Website Content or (iii) your breach of these General Conditions of Use. ASIA HR will promptly notify you of any claim, complaint or proceeding;

You must use the services of ASIA HR in accordance with Monegasque regulations and, in particular, not to use them to display any content contrary to the legislation on public decency and public order. ASIA HR reserves the right to delete without warning any information contrary to the texts in force.

As a Candidate, by using the ASIA HR Website, you agree:

  • not to publish a CV, Profile or apply for a position on behalf of another person;
  • not to disseminate information deliberately false with the aim or not of harming others;
  • not to falsify titles, diplomas, qualifications or any other sign of recognition in order to mask identity, an origin of Content and to mislead other users of the Website;
  • the veracity of the information you enter;

 

As an Employer, by using the ASIA HR Website, you agree:

  • the veracity of the information you enter;
  • not to set up, without the specific prior agreement of ASIA HR, an automatic job posting tool;
  • not to disclose, outside your internal recruitment department and for your own personal search for a Candidate, the names or identities of the Candidates registered on ASIA HR and you will take the appropriate physical, technical and administrative measures to protect the Content you obtain through the use of the Website and the Service from loss, misuse, unauthorized access, disclosure, alteration or destruction;
  • not to sell or assign your rights and obligations under these conditions. You also agree not to make any unauthorized commercial use of all or part of the ASIA HR Website.

 

You may not use the job offer services or the ASIA HR Profiles to:

  • publish offers that do not comply with the laws and regulations in force in Thailand and Myanmar, in matters of labor law, equal opportunities and the requirements of qualifications in relation to Employment, protection of information, access and use of personal data as well as intellectual property;
  • publish offers which would impose specific controls or criteria for access to Employment without these controls or criteria being legally binding;
  • sell, promote or advertise products or services;
  • publish offers relating to franchises, pyramid schemes, club membership, distribution, concession or commercial agency or multi-level sales agreements (“multi-level Marketing”);
  • publish offers relating to a business opportunity which requires an advance or periodic payment or necessitates the recruitment of other members, sub-distributors or sub-agents;
  • publish offers relating to business opportunities remunerated solely by the commission unless the offer clearly specifies this fact and precisely describes the Product or Service to be sold;
  • promote opportunities which are not serious job offers;
  • unless permitted by law, publish offers requiring the Candidate to provide data relating to (i) his ethnic or racial origins, (ii) his political convictions, (iii) philosophical or religious beliefs, (iv) his membership in a union, (v) his physical or mental health, (vi) his sexual preferences, (vii) his legal past, or (vii) his age;

 

In case of doubt as to the conformity of a job offer with respect to a legal or non-discriminatory job, ASIA HR reserves the right to immediately suspend the publication of this offer without being the subject of any compensation for customer. The latter must provide proof that the Employment is lawful and non-discriminatory and make the necessary changes in the advertisement to have his publication rights reactivated.

 

6. Commitments and responsibilities of ASIA HR

ASIA HR undertakes to take all reasonable precautions to secure all your personal data and, in particular, to prevent unauthorized third parties from accessing and to avoid altering or damaging it.

ASIA HR implements all reasonable means at its disposal to ensure quality access to the Service, but is under no obligation to achieve this. ASIA HR cannot, moreover, be held responsible for any malfunction of the network or the servers or of any other event beyond reasonable control, which would prevent or degrade access to the Service.

Subject to the applicable legal or regulatory provisions, ASIA HR cannot be held responsible for any direct or indirect Asia HR damage, but not limited to loss of profits, customers, data, intangible assets that may occur due to the use or the impossibility of using the services of ASIA HR, and more generally of any event related to ASIA HR and/or any third-party Website. In particular, ASIA HR cannot be held liable in the event of total or partial hacking of the Website and the damage that this hacking could cause to you or to a third party. ASIA HR cannot be held liable in the event of a computer malfunction, causing the loss of partial or total anonymity of the Candidate profile.

Subject to contrary public order laws, ASIA HR is not responsible for any malfunctions of its Website, its services, any viruses, or other harmful mechanisms. ASIA HR cannot be held responsible for the costs linked to possible equipment replacements, repair measures, data restorations, or other events linked to your use of the ASIA HR Website or their Content. The Website and its Content are provided without any guarantee of any kind whatsoever as regards marketing possibilities, relevance to the desired goal, or even possible restrictions on use. ASIA HR does not guarantee the accuracy, reliability, completeness, or topicality of the Content, services, software, texts, graphics, and links.

The ASIA HR Website may include inaccuracies and typos. ASIA HR does not guarantee the accuracy, reliability, completeness, or topicality of the Website or its Content.

Despite the care taken by the ASIA HR team, the information contained on the Website is given for information only and is subject to change without notice.

ASIA HR has no control over the quality, security or legality of the jobs or CVs posted, the veracity or accuracy of the headings, the ability of Employers to offer jobs to candidates or the ability of candidates to fill positions proposed. Although ASIA HR reserves the right, at any time and in its sole discretion to withdraw any user content, job offer, CV or other element published on the Website, ASIA HR assumes no obligation on this point, subject however imperative legal obligations, and rejects any responsibility for not having deleted any element published on its Website.

ASIA HR disclaims all liability, to the extent permitted by law, for the unauthorized deletion, loss, or modification of any user content.

ASIA HR does not take part in communication between users.

You assume all risks that arise from relationships with other users with whom you come into contact on the ASIA HR Website.

Since identifying users is difficult on the Internet, ASIA HR cannot guarantee that each User corresponds to what they claim to be. In the same way that we are not and cannot be a party to exchanges between users, we do not control the behavior of participants on the Website.

The ASIA HR Website includes links to third party websites. These links are only provided to assist you, and ASIA HR does not endorse the Content and cannot be associated in any way with these Websites. ASIA HR cannot be held responsible for said Websites and, therefore, does not guarantee either their Content or their reliability. If you access these third-party websites, you do so at your own risk.

ASIA HR is not responsible for the use that may be made by users of the information and services available on the Website.

ASIA HR does not guarantee the existence or availability of any offer mentioned on ASIA HR.

ASIA HR does not guarantee that an Employer will request information about a Candidate, offer an interview, or hire a Candidate, or that the Candidates will be available or will meet the needs of an Employer.

When registering, the Candidate must fill in their location in order to respect the Priority Applicants for Employment.

ASIA HR does not verify the place of residence of the Candidates and cannot, therefore, guarantee the veracity of this information, which is entirely based on the statements of the Candidates.

ASIA HR does not guarantee Customers that they will receive applications from Candidates who have priority only for Employment.

ASIA HR does not guarantee the final terms or the duration of a hiring offer obtained through this Website.

ASIA HR has the right, but not the obligation, to refuse, move, or remove from the Website any content deemed not to be in accordance with the aims and spirit of the Website. We may suspend or deny you access to the Website if we consider that your actions disturb the activity of any other user of the Website or may engage the responsibility of ASIA HR or any other user of this Website.

The Website is only a place of exchange and is limited to connecting the Candidate and the Employer, without intervening as a party in the relationship that may result from this connection.

Consequently, ASIA HR cannot be held liable for relations, contractual or not, resulting from the rapprochement between Candidates and Employers. ASIA HR is not involved in the transaction between Employers and Candidates and exercises no control at this level. ASIA HR cannot guarantee that the search for any type of job offered on the Website will be successful. ASIA HR cannot guarantee that the search for any type of Candidate on the Website will be successful.

Although ASIA HR scrupulously examines the profile of each Candidate, ASIA HR is not able to check the accuracy of any content published by users of the Website and therefore does not guarantee it.

As a result, ASIA HR has no control over the accuracy, reliability, completeness, or topicality of the profiles and user content posted on its web pages. ASIA HR is not responsible for these user-profiles and Content. Since identifying users is difficult on the Internet, ASIA HR cannot guarantee that each User corresponds to what they claim to be. In the event of a dispute with one or more users, you expressly discharge ASIA HR (our agents and employees) from any request, claim and damage (actual, direct or indirect consequential damage) of any type and of any kind, known or unknown, damage suspected or unsuspected, revealed an undisclosed damage that would result from a user’s behavior or deception. After the User has deleted the account, ASIA HR will cease the use of the account within a reasonable time.

 

7. Intellectual property

The use of the Website does not give you any rights. These rights remain the exclusive property of ASIA HR.

Thus, all texts, photos, videos, data, posters, logos, brands, distinctive signs and other elements reproduced on ASIA HR are reserved and protected by intellectual property law, our copyright, neighboring rights, rights of brands.

The contents, for example, designs, texts, graphics, images, videos, information, logos, button icons, software, audio files, and others (gathered under the term “contents of ASIA HR”) are protected by copyright, the protection of registered trademarks and other laws.

ASIA HR, therefore, only grants authorization to view its Content on a personal and private basis.

ASIA HR authorizes you, under these conditions to access and use the Website and its Content (as defined in these TERMS AND CONDITIONS) to download and print said Content that is available on the Website and this exclusively for private, non-commercial use.

Consequently, you cannot in any case and in any way, reproduce, represent, distribute, market, modify, concede all or part of any of the elements reproduced on the Website and all or part of the Website in general, without the prior and express agreement of ASIA HR. Any illegal use of all or part of ASIA HR (piracy, counterfeiting, etc.) may give rise to prosecution. The offender is exposed to civil and criminal sanctions.

 

8. Confidentiality 

All the data concerning you are in your personal space. As this information concerning you is confidential, ASIA HR undertakes to do everything necessary to protect it. Your personal space is protected by a username and password that you choose when it is created. The identifiers are strictly personal and confidential. The User undertakes to keep them secret and not to disclose them in any form whatsoever. Their transmission to third parties is done under your full responsibility. The recruiter is strictly prohibited from transmitting his codes. If you forget the password, you can find it by clicking on the “forgot password” on the identification page. ASIA HR reserves the right to access and disclose your personal data if this is necessary to comply with applicable laws, to respond to any communication request from a competent authority, to operate its systems properly, or protect itself or to protect its users. By registering as a Candidate, you authorize ASIA HR and the Employers to contact you by email or by telephone to offer you job offers. You can unsubscribe from these emails at any time.

 

9. Personal data

Mainly, when you register on ASIA HR and use our services, you are asked to provide certain personal information. By simply registering on the Website, you agree that we will collect your personal data and that we will use it for the purposes described herein.
By registering with ASIA HR, your data will never be sold to third parties.
You have the right to access, modify, rectify, and delete data concerning you. You can exercise this right by contacting us:
– by email [email protected]
– by mail to our addresses located in Myanmar for requests from Myanmar and in Thailand for requests from Thailand.

 

10. Use of Cookies

A cookie is a small text file saved on your computer, tablet, or mobile and which allows you to record and track data concerning your use of the Website. ASIA HR uses cookies to identify you or for statistical purposes, for example. Cookies are managed by your internet browser.

On ASIA HR, cookies are used only for technical and functional purposes. For example, to memorize your connection during your session or to manage temporary favorites. We do not use advertising cookies or trackers.

Google Analytics is installed on this Website. It is a statistical tool (attendance, the origin of Websites …). Some cookies may be installed/used by Google for its proper functioning.

 

11. Availability of the Service and suspension of access

ASIA HR reserves the right for any reason whatsoever, taking into account technical and / or computer and / or telecommunications and / or maintenance difficulties and / or constraints, in cases of force majeure, to interrupt all moment and if necessary without notice, access to the Website, to end or modify the characteristics of consultation of the Website, ASIA HR cannot be held responsible for the consequences resulting from such interruptions or modifications.

More generally, ASIA HR reserves the right to make any changes of any kind to the Content of the Website.

 

12. Applicable law

These General Conditions of Use are subject to the law of Myanmar, and any dispute between the parties will be submitted exclusively to the Court of Myanmar.

 

13. General

No waiver of a clause of the General Conditions of Use shall constitute a future or permanent waiver of this clause or any other clause. In addition, if ASIA HR does not apply any of the clauses of these Conditions, this will not be considered as a waiver of this stipulation or will not prevent ASIA HR from applying this clause in the future. Unless expressly provided for in a contract duly formed between you and ASIA HR or conditions of use specific to certain parts of the Website, these conditions represent the entire agreement between you and ASIA HR concerning the use of the Website. No modification of these General Conditions of Use is possible except in the event of the revised display of these pages.

 

14. Duration and termination

These conditions are valid as long as you are a user of the Website https://www.asia-hr.com/. In the event of your failure to comply with these General Conditions of Use or if ASIA HR cannot verify or authenticate the information submitted during your registration on the Website, ASIA HR reserves the right, in its sole discretion, to exercise all the remedies granted to it by law, including, without limitation, the suppression of your postings on the Website as well as the immediate termination of your registration with or without other possibility of access to the Website and/or to any other service that you provide ASIA HR.