The website & the services
- The Website is owned and managed by PT. Urban Teknologi Digital , registered in Indonesia and having its address at Sampoerna Strategic Square North Tower LG-06, Jl. Jend Sudirman Kav 25-26 Jakarta Indonesia.
- In consideration for the use of free account and/or the payment of the Fees, Urbanhire shall provide the Customer with the services as described on the Website, which allow the Customer to browse, screen, track and collaboratively manage its hiring process ("Services"). The Services typically include the following key features:
- the facility to add accounts for “Collaborators” or “Users” (meaning the Customer’s employees and nominated representatives on their hiring team) by nominating such individuals to create individual user accounts which permit them to access the Services on behalf of the Customer;
- the facility to create "Jobs Openings" or “Jobs Openings”, meaning descriptions of an employment or contractor role or jostrong that the Customer is seeking to fill (note the ability of the Customer to do this may be limited to a set number of Jobs Openings in accordance with the corresponding Fees subscription selected by the Customer, as described on the Website);
- the facility to upload "Customer Information", meaning information about the Customer organisation or any Job;
- the ability to publish and export Jobs Openings to various social media services where they can be displayed to potential "Candidates" or “Applicants”, meaning persons seeking employment on a contract or permanent basis who register with Urbanhire;
- access to view the "Profile" of a Candidate who applies for an Opening with the Customer, which means the information submitted by a Candidate through the Service which may include a summary of the Candidate’s academic background, work experience, technical or product skills and employment history;
- a comparison tool to compare Candidates for a specific Opening, and the facilitation and management of communications between the Customer and its Collaborators, and any Candidate, with respect to an Opening; and
- For the avoidance of doubt, Urbanhire’s obligations shall be limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the Customer and Urbanhire, appoint either party as the agent of the other, nor authorise either party to make or enter into any commitments for or on behalf of the other party.
- Urbanhire may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to the Customer.
- Urbanhire shall have no obligation to notify the Customer in the event of an unplanned service downtime. In the event of a planned service downtime in respect of the Services or the Website, Urbanhire shall use its reasonable endeavours to notify the Customer in advance provided that Urbanhire is able to do so.
- Access to the Website and the Services may be granted to the Customer on a trial or 'free' basis ("Trial"). The Customer acknowledges and agrees that during the Trial, these Terms and Conditions and conditions shall apply, as well as the following specific Terms and Conditions:
- access to the Services during the Trial will be provided at no cost to the Customer;
- such access is solely for the purpose of offering the Customer a preview demonstration of the functionality and features of the Services;
- the functionality of the Services during a trial may be limited or restricted; and
- Urbanhire may withdraw or suspend the Customer’s access to the Services at any time during the Trial, and at the completion of the Trial continued access to the Website and/or Services will be subject to payment of Fees or charges.
Registration & collaborator
- In order to use the Services, the Customer shall first be required to register with Urbanhire by completing the online registration form on the Website.
- Urbanhire shall send the Customer a confirmation email ("Confirmation Email") once it has accepted and confirmed the Customer’s registration. The Customer’s contract to use the Services on these Terms and Conditions ("Contract") commences on the date of the Confirmation Email.
- Urbanhire reserves the right to conduct verification and security procedures in respect of all information provided by the Customer to Urbanhire. If Urbanhire has reason to believe that the information provided by the Customer to register and use any of the Services breaches or is likely to breach any of the provision in these Terms and Conditions, Urbanhire at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the Customer’s Contract.
- These Terms and Conditions shall apply to any and all Collaborators who access and use the Website and the Customer Services through the Customer’s account. The Customer acknowledges and agrees:
- all Collaborators must use the corporate email address allocated to them by the Customer when creating an Collaborator profile;
- Urbanhire may allocate the Customer "Admin" or "Member" accounts with varying levels of access, and the Customer shall comply (and ensure each Collaborator complies) with any directions of Urbanhire relating to the establishment and use of such Collaborator accounts;
- only one person may log-on to the Website and/or access the Services using any one Collaborator account at any one time; and
- the Customer is directly liable to Urbanhire at all times for the acts or omissions of its Collaborators.
- The Customer shall, and shall ensure its Collaborators, keep any Customer and Collaborator usernames and passwords ("Logins") safe and secure to ensure that they are not used without the Customer’s permission. The Customer must immediately notify Urbanhire if it has reason to believe that there has been unauthorised use or access to the Customer’s Logins and/or the Customer’s profile on the Website. The Customer shall be solely responsible and liable for any breaches of these Terms and Conditions arising out of or resulting from use of the Customer’s Logins to access the Services and/or the Website, whether such use is authorised by the Customer or not.
- At any time upon notice to the Customer, Urbanhire may require the Customer to execute any further documents to confirm the Customer’s acceptance of, or give full effect to, these Terms and Conditions.
- The Customer shall at all times use the Services and the Website in accordance with these Terms and Conditions.
- The Customer shall ensure that its use of the Services and/or the Website, including the submission of any information, data, images, videos, audio, files, links to external websites, communication between Collaborators and with Candidates, and all other material of any format ("Submissions"):
- comply with all applicable laws and legislations;
- do not infringe any intellectual property rights or other proprietary rights of any third party;
- not reasonably be deemed to:
- be offensive, illegal, inappropriate or in any way:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material;
- promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote any illegal activities;
- provide instructional information about illegal activities, including violating someone else’s privacy or providing or
- create computer viruses;
- promote or contain information that you know or believe to be inaccurate, false or misleading;
- engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;
- exploit people in a sexual or violent manner;
- invade or violate any third party’s right to privacy; and
- transmit "junk mail", or "chain letters", or unsolicited mass mailing, messaging or "spamming";
and the Customer hereby indemnifies Urbanhire for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Urbanhire which arise directly or indirectly from a breach by the Customer of this clause 3.2.
- Unless otherwise explicitly stated by Urbanhire, Urbanhire does not vet, verify the accuracy, correctness and completeness, edit or modify any Submissions or any other information, data and materials created, used and/or published by the Customer on the Website to determine whether they may result in any liability to any third party. The Customer hereby warrants that the Customer has the right to use all such information and material.
- Notwithstanding clause 3.3, Urbanhire reserves the right to refuse to publish any Submissions, or to at any time remove or edit a Submission (in whole or in part), if Urbanhire has reason to believe that the Customer’s use of the Services and/or the Website breaches these Terms and Conditions.
- The Customer shall not:
- at any time use the Services and/or the Website with the purpose of impersonating another User or person; and
- use the information made available to the Customer through its use of the Services and/or the Website for any purpose other than for the purposes of procuring benefit out of the Services and/or the Website; and
- do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any persons using the Services and/or the Website or in respect of the network.
- Urbanhire takes breaches of this clause 3 very seriously and therefore reserve the right to take any action that Urbanhire deems necessary. This can include, without limitation, suspension or termination of the Customer’s use of the Services and/or access to the Website. In certain circumstances Urbanhire may choose to instigate legal proceedings as appropriate if there is illegal use of the Services and/or the Website, or disclose information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy. The Customer shall promptly notify Urbanhire if it is aware of any or any suspected breaches of this clause 3 by its Collaborators.
Customer interaction with candidates
- The Customer shall ensure that any Opening it publishes through the Website contains the sufficient information to allow a Candidate to make an informed decision as to applying for the role in question.
- The Customer warrants and represents that the information provided pursuant to clause 4.1 and in respect of the Customer Information shall be correct, complete, accurate and up to date. In the event the information in the Opening or the Customer Information is incorrect, incomplete, inaccurate or out of date, then the Customer must immediately take all necessary steps to rectify such information.
- The Customer shall at all times use the Services and the Website in accordance with the applicable law and legislation and in particular, all applicable data protection, employment and anti-discrimination legislation.
- The Customer is solely responsible for the use of the Services and its internal management of the recruitment process, for each Candidate search the Customer undertakes and any Opening advertised by the Customer through the Website. The Customer is also responsible for confirming:
- each Candidate’s qualifications, skills, training and experience;
- that the Candidate has the right to work in the relevant jurisdiction; and
- procuring from the Candidate(s) all information reasonably required by the Customer to determine the Candidate’s suitability to the Opening.
- The Customer acknowledges that Urbanhire does not have any control of and therefore can not reasonably accept any liability in respect of the behaviour, response or actions of the Candidates. Urbanhire does not warrant, represent or guarantee that the Customer will be able to fill the Opening using the Services.
- The Customer shall at all times keep all information including without limitation, the Candidates’ Profiles, communication and correspondences between the Customer, Urbanhire and the Candidates, and all information relating to the Candidates and the recruitment process secure and confidential.
- The Services shall be personal to the Customer organisation and the Customer has no right whatsoever to resell the Services to any third party for any reason without the express written approval of Urbanhire.
- The Customer acknowledges and agrees that it is the Customer’s responsibility to ensure it enters into any necessary contractual arrangements with Candidates (whether for temporary, casual, contract or permanent employment). The Terms and Conditions of employment and any contractual arrangements shall be negotiated and agreed between the Customer and the approved Candidate directly. In the event there is a dispute between the Customer and any Candidate (whether it relates to the interview or selection process, the contractual arrangements between the parties or otherwise) – collectively, a "Dispute" - the Customer agrees Urbanhire is not liable for any loss or damage suffered by the Customer resulting from any such Dispute and the Customer hereby releases and holds harmless Urbanhire from any such loss or damage or any liability in relation to any Dispute.
- The fees to access the Website and Services are as set out on the Website ("Fees"). The Fees may be based on the number of Jobs Openings the Customer is permitted to create in its use of the Services. Other than where the Customer is participating in a Trial in accordance with clause 1.6, the Customer may only access the Website and the Services by paying the Fees. Urbanhire may give the Customer access to its platform for Trial in an unlimited period for 1 concurrent jostrong posting or Opening.
- Unless stated otherwise on the Website or agreed by Urbanhire in writing, the Fees shall be payable by the Customer monthly in advance, in the manner as set out on the Website.
- All Fees are exclusive of VAT or PPN (Pajak Pertambahan Nilai in Indonesia) and all other taxes or duties, and are non-refundable for any reason whatsoever.
- The Fees or any rate of charge may be increased by Urbanhire upon not less than fourteen days prior written notice to the Customer, which notice may be provided through the Website.
- to protect the rights, property, or safety of Urbanhire Software Limited, the Website, our users and any third party we interact with the to provide the website.
- The Customer may terminate their Contract at any time by cancelling their subscription on the Website, provided that any Fees already paid by the Customer are non-refundable.
- Urbanhire shall be entitled to suspend and/or terminate the Customer’s access and use of the Website and/or the Services:
- if Urbanhire’s network providers and suppliers cease providing Urbanhire with their services; or
- if Urbanhire has reason to believe that the Customer has breached any of the provisions of these Terms and Conditions.
- Upon termination of the Customer’s Contract in accordance with this clause 6, the Customer may no longer access or use the Services and the Website.
- The Customer hereby warrants that (a) the Customer has the right and capacity to enter into and be bound by these Terms and Conditions; and (b) the Customer shall comply with all applicable laws regarding the Customer’s use of the Services and the Website; and (c) and the Customer agrees to abide by the rules and reasonable directions of Urbanhire relating to the Website as may be provided by Urbanhire from time-to-time.
- Urbanhire relies on other service providers (such as network provider, data centres, telecommunication providers) to make the Services and the Website available to the Customer. Whilst Urbanhire takes all reasonable steps available to it to provide the Customer with a good level of service, Urbanhire does not guarantee that such service shall be fault free or uninterrupted at all times. Urbanhire therefore shall not be liable in any way for any losses the Customer may suffer as a result of delays or failures of the Services and Website as a result of Urbanhire’s service providers.
- Except as expressly set out herein, to the maximum extent permitted by law, Urbanhire expressly excludes all representations, warranties, obligations and liabilities in connection with the Services and the Website, including but not limited to the warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed.
- Urbanhire may display or provide links or other interaction with third party websites and third party advertising banners on the Website ("Third Party Websites"). In particular, the Services may also provide the Customer with the opportunity to connect and publish Jobs Openings and other Customer Information through Third Party Websites and other third party services such as social and business networking sites. Use of any such Third Party Websites and services shall be at the risk of the Customer and subject to the Terms and Conditions and conditions of the Third Party Website provider.
Limitation of liability
- Subject to clauses 8.2 and 8.3, the maximum aggregate liability of Urbanhire (including its respective agents, sub-contractors or representatives) under, arising from or in connection with the provision of the Services and/or these Terms and Conditions, whether arising in contract, tort (including negligence) or otherwise, shall not exceed a sum equivalent to the total Fees received by Urbanhire for a period of six (6) months preceding the event giving rise to liability.
- To the extent permitted by law, Urbanhire expressly excludes:
- all conditions, warranties and other Terms and Conditions whether expressed or which might otherwise be implied by statute or common law;
- any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;
- loss of profit;
- loss of income or revenue;
- loss of business or contracts;
- loss of data;
- loss of goodwill and reputation;
- loss of expectation;
- loss of opportunity; or
- loss arising out of or in connection with wasted management or office time;
arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the Customer’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- Nothing in these Terms and Conditions shall serve to limit or exclude Urbanhire’s liability for death or personal injury resulting from Urbanhire’s negligence or any liability for fraudulent misrepresentation.
Intellectual property rights
- Urbanhire and its licensors own all rights in the intellectual property rights relating to the Services and the Website, including but not limited to all software forming part of the Website ("Software"). Those works are protected by copyright laws and treaties around the world. Nothing in this Agreement will serve to transfer from Urbanhire to the Customer any of the Software or Website, and all right, title and interest in and to the Software and the Website will remain exclusively with Urbanhire and/or Urbanhire’s licensors. All rights in and to the Software and the Website not expressly granted to the Customer are reserved by Urbanhire and the relevant third party licensors.
- The Customer may print off one copy and may download extracts of any pages from the Website solely for use by the Customer; and the Customer may draw the attention of other Users to Submissions or materials posted on the Website. The Customer must not use any part of the submissions of other users and all materials on the Website for any purpose other than accessing the Website or obtaining a benefit from the Services in accordance with these Terms and Conditions.
- The Customer shall not, and shall procure that Collaborators shall not: (i) modify, translate, create or attempt to create derivative copies of or copy the Software or the Website in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software or the Website to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Software or the Website or the Customer’s right to use the Software or the Website.
- The Customer warrants that the Customer owns or has the right or licence to use the intellectual property rights in the Customer Information, the Jobs Openings and all information and materials provided by the Customer to Urbanhire.
- The Customer hereby grants Urbanhire, a perpetual, sub-licensable, worldwide, royalty-free licence to publish and make available on the Website the Customer Information, Jobs Openings and all other information and material provided by the Customer to Urbanhire in respect of the Services, for the purpose of providing the Services to the Customer.
- The Customer hereby indemnifies Urbanhire against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Customer Information, Jobs Openings, and all other information and material provided by the Customer to Urbanhire.
- For personal data which is processed by Urbanhire on the Customer’s behalf as part of the Services, Urbanhire will act in accordance with the Customer’s instructions by following such processing and security obligations as are contained in these Terms and Conditions. The Customer confirms that it is solely responsible for ensuring that any such processing and security obligations comply with all applicable data protection law and legislation. The Customer hereby indemnifies Urbanhire against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of the Customer’s failure to comply with this clause 10.
- All notification and communication to Urbanhire should be sent to the contact details made available to the Customer on the Website.
- If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining Terms and Conditions, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
- These Terms and Conditions represent the entire agreement between the Customer and Urbanhire in respect of the Customer’s use of the Website and shall supersede any prior agreement, understanding or arrangement, whether oral or in writing.
- The Customer acknowledges that in entering into these Terms and Conditions, the Customer has not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between the parties except as expressly set out in these Terms and Conditions.
- Urbanhire reserves the right to modify these Terms and Conditions at any time. Any changes Urbanhire may make to this document in the future will be notified and made available to the Customer using the Website.
- All parties agree this Agreement is executed in English. The Parties further agree that in the event of any inconsistency between the understanding of the same text between the Bahasa Indonesia and English language, the English text and interpretation shall prevail.
- These Terms and Conditions shall be governed by and construed in accordance with Indonesian law and shall be subject to the exclusive jurisdiction of courts of South Jakarta, Indonesia.