Last updated : 7 July 2020
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO THESE TERMS AND PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND PRIVACY POLICY, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SITE.
The BSV Group Sdn Bhd ("BSV" or the "Company"), the provider of the www.thekedua.com ("TheKedua") services is committed in providing excellent solutions by connecting you with employment opportunities. These terms of use ("Terms") set forth the legally binding terms and conditions for your use of the TheKedua mobile application, website and all the related services offered by BSV (collectively referred to as the "Site"). Please read them carefully as they affect your rights and liabilities under the law. The terms you ("You" or "Your") and user ("User") as used herein refer to all individuals, advertisers and/or entities accessing the Site for any purpose. If the User does not agree to these Terms, please do not register or use the Site. By using the Site, You acknowledge that You have read, understood and agreed to be bound by these Terms and privacy policy ("Privacy Policy"). These Terms, together with the Privacy Policy and any other legal notices published on the Site, shall constitute the entire agreement between You and the Company concerning Your use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company at any time without restriction. You agree to use the Site at Your own risk.
We reserve the full rights to make any changes to the Terms. While it is not generally feasible to notify the User of the changes to these Terms, the latest version of it will be available on our Site. You are encouraged to review these Terms each time You use the Site because if You continue to use the Site after the date on which any amendments come into effect, You shall be deemed to have consented to be bound by the amended Terms. In the event You do not agree to the amendments, You must stop using the Site. These Terms of Site constitute a binding agreement between You and the Company, and is accepted by You upon Your use of the Site.
We may add, modify, suspend, or discontinue the Site or certain features of the Site, or remove any content at any time for any reason, without prior notice to You, and we will not be liable to You or to any third-party for doing so. Unless expressly stated otherwise, any new feature that enhances or otherwise modifies the Site are subject to these Terms.
Individual: Use of the Site are limited to individuals that can lawfully enter into contracts under the laws of Malaysia. The User must be at least 18 years of age to use the Site. If You are under 18 years of age, You may not, under any circumstances or for any reason, use the Site without any guardian or parental supervision. It is also Your responsibility to ensure that You are of legal employment age in Your respective country to apply for a job or seeking employment.
Advertiser: A person or entity that is contracting to post advertisements and/or to post a job or utilising the services for any reason related to the purpose of seeking candidates for employment on our Site. The services of our Site are available to organisations, companies and/or entities. Any person using the Site on behalf of such entities represents that he or she has the authority to bind the entity to the Terms as set out herein.
BSV hereby grants You a limited, terminable, non-exclusive right to access and use the Site only for Your personal use and/or employment purposes. The Site may be used only by: (1) individuals seeking employment, and career and career-related information, such as education and voluntary services; (2) Employers or their agents seeking candidates for employment purposes; and (3) Advertisers. Your use of the Site are also subject to any other contracts You may have with the Company In the case of any conflict between these Terms and any contract You have with the Company, these Terms will prevail.
As a User, You are responsible for Your account information, content, messages or other information and/or data that You submit, publish or display on the Site or transmit to other Users ("Content" or "User Content"). By submitting, posting or displaying User Content on or through our Site, You grant the Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. The Company reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion. The Company may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or harms or threatens the safety of, Users of any Site.
The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does the Company endorse any opinions expressed by Users. The Company has no liability or responsibility to Users for performance or of such activities.
You acknowledge that any reliance on material posted by other Users will be at Your own risk. You understand that all User Content is the sole responsibility of the person from which such User Content originated. If You post User Content in any public area of any Site, You also permit any User to access, view, store and reproduce such User Content for personal use.
You understand and agree that You are solely responsible for compliance with any and all laws, rules and regulations that may apply to Your use of the Site. You are responsible for Your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. In connection with Your use of the Site, You agree that You will not, including without limitation:
You acknowledge that You have read, understand, and agree to be bound to these Terms. If You do not agree to these Terms, exit this page and do not access or use the Site. The Company reserves the right to suspend, terminate and/or prevent Your access to the Site without notice for violating any of these Terms, rules or regulations.
Any information You submit must be accurate and describe You, an individual person. The account profile requires standard fields to be completed. You acknowledge and agree that You are solely responsible for the Content and accuracy of any resume or material contained therein placed by You on the Site. The Company reserves the right to offer third-party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or You have agreed to receive, such offers may be made by the Company or by third-parties. Please see to our Privacy Policy for further details regarding Your information.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your account or Your account is terminated, all Your account information from the Site, including resumes, profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from our database and will be removed from any public area of the Site. Information may continue to be available for some period of time because of delays in propagating such deletion through the Site’s servers. In addition, third-parties may retain saved copies of Your Information. The Company reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
The company allows the User to browse open positions and apply to jobs. A number of job postings on the Site allow Users who are logged into their accounts to complete and submit job applications directly through our Site. Other job postings on our Site will redirect You to the applicable advertiser’s career page, where You will be able to submit or apply directly with them. Additionally, we may, but are not obligated to, provide Your account with the option to save information for applying to jobs, such as a favourite list of employers, job openings to apply to later, and uploading a resume, or other professional information. The Company’s Privacy Policy governs the collection of any such information.
Advertisers are solely responsible for their postings on our Site. The Company is not to be considered to be an advertiser and/or employer with respect to Your use of the Site and the Company shall not be responsible for any employment and/or business decisions, for whatever reason, made by any entity posting jobs and/or advertisements on our Site.
If any time during Your use of the Site, You made a misrepresentation of fact or otherwise misled the Company in regards to the nature of Your business activities or breach of the Terms herein, the Company may terminate Your use of the Site and in such event, any payment made by You shall be forfeited. The Company reserves the right to remove any User Contents and/or materials from the Site without prior notice, which in the reasonable exercise of the Company’s discretion, does not comply with these Terms, or if any Content is posted that the Company believes is not in the best interest of the Company.
You may cancel Your account at any time by sending an email to [email protected] or [email protected]. If Your account is cancelled, we have no obligation to maintain, delete or return to You any Content or data You have posted through Your use of the Site unless You specifically request such deletion in accordance with our Privacy Policy and have a legitimate right to such deletion under applicable law.
As to prevent any potential fraud, You are responsible for maintaining the confidentiality and security of Your account information, including any usernames or passwords, and are solely responsible for the activity that occurs on Your account. You agree to notify us immediately of any actual or suspected unauthorised access to or use of Your username or password or any breach of security related to Your account. Should we believe that there is likely to be a breach of security or misuse of our Site, we may require You to change Your password, or we may suspend Your account without prior notice and/or warning. All losses or damage incurred thereby shall be borne by You, and You shall fully indemnify BSV should the Company suffer any loss or damage.
The Company reserves the right to suspend, terminate and/or prevent Your access to the Site without notice for violating the Terms, rules or regulations. We may suspend, terminate and/or block the User access to the Site if it believes that the User could create liability for the Company, damage the Company’s brand or public image.
The materials, content and features of the Site are provided “as is” and without warranty of any kind, whether express or implied, including but not limited to the warranties or conditions of merchantability, fitness for a particular purpose, security, accuracy, or non-infringement, all of which are expressly disclaimed. We do not warrant that: (1) the Site will be secure or available at any particular time or location; (2) the Site will function without errors; (3) any defects or errors will be corrected; (4) any content or features available through the Site are free of viruses or other harmful components; and (5) the results of using or relying on any content or features or advice contained therein will meet Your requirements or produce desired results. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new Content, features or services. Your use of, or reliance on, the Site or any content is solely at Your own risk. You assume all responsibility and risk with respect to Your use of the Site. If You do not agree to these Terms, exit this page and do not access or use the Site.
You are solely responsible for Your use of the Site, and the Company is not responsible for the activities, omissions, or other conduct, whether online or offline, of any other user. You are solely responsible for ensuring that Your use of the Site are in compliance with all laws, rules, and regulations applicable to You. We make no representations concerning any content contained in or accessed through the Site. We will not be responsible to You for any error or inaccuracy in advertising and sponsorship material. The disclaimers in this section apply to the maximum extent allowable under applicable law. You acknowledge and agree that it is not our policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to or from a third-party in or through the Site. The Company does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third- parties on the Site.
All prices quoted are exclusive of any applicable taxes unless specifically noted otherwise. We reserve the right to charge the free services on our Site or change the price for paid services, at any time. If You purchase any of our paid services, You agree to pay the Company any applicable fees and taxes and You agree to any additional Terms that may apply. All amounts owed to the Company must be paid in full within the specified payment terms from the date of the invoice. Payment must be made notwithstanding any errors or omissions in relation to the requested services on our Site. If the User does not agree to these Terms, please do not register or use the Site.
You hereby authorise the collection of such amounts either directly by us or indirectly via a third-party payment processor. Failure to pay these fees will result in the cancellation and/or termination of the applicable paid services. If You are directed to a third-party payment processor, You may be subject to terms and conditions governing the use of that third-party’s service. Please note that the Company is not liable for any bank fees, foreign exchange fees, or differences in prices based on geographic location. The Company or its third-party payment processor may store and continue billing Your payment method in order to charge You for other paid services You may purchase.
The Company’s liability shall not in any event include business losses or business interruption such as lost profits, or any indirect, consequential, exemplary, incidental, special, or punitive damages, or any loss of data, opportunities, or reputation arising from Your use of the Site, even if we have been advised of the possibility of such damages. To the fullest extent possible by law, the Company’s maximum liability arising out of or in connection with the Site or Your use of the Site content shall be limited to RM80. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. If two or more provisions of this agreement are deemed to conflict with each other’s operation, the Company shall have the sole right to elect which provision remains in force.
All payments are considered final and are non-refundable. Any refund of payment made to the Company shall be at the sole discretion of the Company.
The User at all times agree to defend, indemnify, and hold harmless the Company, its subsidiaries, associated companies, affiliates, respective officers, directors, employees, and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: (1) User’s breach of the Terms described herein; (2) User’s use of any Site content, materials and features; (3) any Content or other material You provide to any Site; or (4) arising out of the User's violation of any law or the rights of a third-party.
You understand that all information publicly posted or privately transmitted through the Site are the sole responsibility of the person from which such content originated; that the Company will not be liable for any errors or omissions in any content; and that the Company cannot guarantee the identity of any other users with whom You may interact in the course of using the Site.
You acknowledge and agree that the content, materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of the Company or our licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. Unless otherwise specified, the services of our Site are for Your personal use only. You acknowledge and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. All other trademarks are the property of their respective owners.
You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Site. The Company will terminate the access to the Site of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the Users.
The Site may direct You to third-party sites or websites that are not owned or maintained by the Company. The Company shall not be responsible for the contents, accuracy and/or opinions expressed in third-party sites or websites. Third-party sites or websites are not investigated, monitored or checked for accuracy or completeness by the Company, which are beyond the Company’s control. The inclusion of any such links to a third-party sites or websites does not imply any association between their operators and us. Your use of any third-party sites or websites is governed by the terms of such third-party websites and not by these Terms. In the event the User decides to leave the Site and access third-party sites or websites, the User does so at his or her own risk.
We operate the Site from Malaysia. These Terms shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts. We make no representation that materials provided on the Site or through other medium are appropriate or available for use outside Malaysia. If You choose to access this Site from outside Malaysia, You do so at Your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If You have any inquiries or comments regarding these Terms, please send us an email to [email protected] so that we may respond to Your concerns effectively and works to improve the Site.