The following Terms and Conditions apply to all job applicants and other users who access or use this website, or otherwise indicate their acceptance to this Agreement. All references to “you” or “your” shall mean you, the individual or organization accessing this website in any capacity. Please read the Terms carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms, you are not authorized to use this website. These Terms are effective as of 24 May 2021.
1. Binding Agreement
You represent and warrant that you are at least eighteen (18) years of age and have the capacity to bind yourself contractually to this Agreement and to use this website. If you are under eighteen (18) years of age, or otherwise incapacitated to enter into this Agreement, you may not use this website.
2. Application and Personal Information
3. Intellectual Property
Our platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, design, selection, and arrangement thereof are owned by GENFINITY, its licensors or other providers of such material and are protected by intellectual property laws or proprietary rights laws. The materials may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express written permission of GENFINITY, unless and except as is expressly provided in these Terms and Conditions. Any unauthorized use of the materials is prohibited.
4. Availability of this website
By agreeing to the terms herein, you acknowledge, understand and recognize that this website will not be entirely fault-free, error-free, or that this website and servers are free of viruses or other harmful mechanisms. Your access to this website may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities, or services. We will attempt to restore access and/or service as soon as we reasonably can.
5. Your use of this website
a. GENFINITY hereby grants you a limited, terminable, non-exclusive right to access and use this website only for employment purposes.
b. You may not use this website for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
- Copying or duplicating in any manner any of this website contents or information, including expired job postings;
- Modifying, reproducing, or distributing any of this website’s content for unauthorized general or commercial use;
- Transmitting material that encourages conduct that constitutes a criminal offense, or otherwise breaches any applicable laws, regulations, or code of practice; or
- Interfering with any other person’s use of this website.
6. User Content and submissions
a. You must ensure that the information provided by you on our website are correct and complete.
b. You understand that all information that you provided is the sole responsibility of the person from which such information originated.
c. You understand and acknowledge that all personal data provided by you, including your resume, shall be stored in GENFINITY’s database.
d. GENFINITY may review and remove any information that, in its sole judgment, violates these Terms, applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users of this website. GENFINITY reserves the right to expel users and prevent their further access to this website for violating the Terms or applicable laws, rules, or regulations. GENFINITY may take any action with respect to information that it deems necessary or appropriate in its sole discretion if it believes that such information could create liability for GENFINITY.
7. Term and Termination
a. These Terms will remain in full force and effect while you are a user of our website.
b. GENFINITY may, in its sole discretion, at any time, remove your information from our website with or without prior notice, if you fail to comply with any provision of these Terms. The termination will not limit any of our rights or remedies at law or in equity in case of breach by you of any of your obligations under these Terms.
8. GENFINITY’s liability
a. GENFINITY’s website acts as, among other things, a venue for candidates to post their Personal Data and resumes and search for and evaluate job opportunities.
b. You acknowledge that in the event of a breach on the part of GENFINITY, we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence to both of us at the time you use the GENFINITY Website. Our liability shall not in any event include business losses such as lost data, lost profits, or business interruption. GENFINITY shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
a. You agree to defend, indemnify, and hold harmless GENFINITY, and its affiliates, and their 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:
- any personal data or other material you provide to Genfinity Website; or
- your breach of these Terms.
b. GENFINITY shall provide notice to you promptly of any such claim, suit, or proceeding.
GENFINITY may change the provisions of these Terms at any time. You can review the most current version of the Terms by clicking on GENFINITY’s “Terms and Conditions” link on this website. By continuing to use this website after GENFINITY makes changes to the provisions of these Terms, you are signifying your acceptance of the revised Terms. You are responsible for checking these Terms periodically for any changes.
11. Dispute Resolution
In the event of any dispute, controversy or difference which may arise between the GENFINITY and you (“Disputing Parties”) out of or in connection with or in relation to this Agreement, the Disputing Parties shall in the first instance do their utmost to settle such dispute, controversy, or difference amicably. Where the Disputing Parties fail to settle such dispute, controversy, or difference amicably within sixty (60) days of the written notice given by either Disputing Party to the other Disputing Party of its existence, then the dispute, controversy or difference shall be finally settled by arbitration administered by the governing rules in accordance with its commercial arbitration rules.
There shall be three (3) arbitrators, of which each Party will appoint one (1) arbitrator and the third arbitrator will be appointed jointly by the two (2) arbitrators appointed by the Parties.
The language to be used in the arbitration proceedings shall be English.
The arbitral award shall be final and binding upon the Disputing Parties and the Disputing Parties agree to be bound thereby and to comply with the arbitral award.
The costs of arbitration and reasonable legal fees must be borne by the losing party, unless otherwise determined by the arbitration award.
The failure of GENFINITY to insist upon the strict performance of any of the terms, conditions or covenants of these Terms shall not be deemed a relinquishment or waiver of any subsequent breach or default of the terms and conditions and covenants hereof, and which terms, conditions and covenants shall continue to be in full force or effect. No waiver by GENFINITY of any of its rights under these Terms shall be deemed to have been made unless expressed in writing and signed by its authorized representative.
The waiver by GENFINITY of any breach or default of the terms, conditions, and covenants in this agreement shall not be construed as a waiver of any subsequent breach or as a waiver of the agreement itself. Any subsequent breach or waiver shall be subject to the terms and conditions of this agreement, which shall continue to be in full force and effect.
The rights and remedies available to GENFINITY under these terms are cumulative, and the exercise of any right or remedy by GENFINITY shall not preclude the exercise of any other right or remedy available to GENFINITY under this agreement, or as provided by law, or in equity.
This section deals with what happens if a portion of these Terms is found to be unenforceable. If that is the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of these Terms is changed or disregarded because it is unenforceable, the rest of these Terms is still enforceable.
14. Governing Law
The laws of the Republic of the Philippines govern the rights and obligations of Genfinity and you under these Terms.
15. Entire Agreement
These Terms constitutes the entire agreement between Genfinity and you with respect to the subject matter hereof, and there are no understandings or representations of any kind with respect to such subject matter except as expressly set forth herein.
a. You may not transfer any of your rights under these Terms to any other person. GENFINITY may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
b. GENFINITY has taken every reasonable step to comply and will continue to comply with its obligations as a data processor arising from the data protection and privacy laws in force from time to time to the extent that those obligations are relevant to these Terms. Further, GENFINITY have taken steps to implement and shall maintain an information security program including reasonable administrative, technical, and physical measures designed to secure and protect the confidentiality, integrity and availability of all Confidential Information against unauthorized, unlawful or accidental access, disclosure, transfer, destruction, loss or alteration. GENFINITY will exercise commercially reasonable efforts not to disclose any Personal Data to an unauthorized party, but if a party is authorized to access the Personal Data, the receiving party will protect such Personal Data using a reasonable standard of care.
a. This website is owned and operated by GENFINITY.
b. If you have any queries please contact us through any of the following:
- via Email: email@example.com
- via Phone: +63 (2) 8925-9405
- via this link: https://genfinity.net/