TERMS AND CONDITIONS ("AGREEMENT")
TERMS AND CONDITIONS OF USE OF KEAN LIMITED'S WEBSITES AND MOBILE APPLICATIONS ("Terms and Conditions")
THESE TERMS AND CONDITIONS APPLY TO THE ENTIRE CONTENTS OF THE WEBSITES AND MOBILE APPLICATIONS AND SOCIAL MEDIA PAGES AND FORUMS UNDER THE CONTROL OF KEAN LIMITED AND TO ANY EMAIL CORRESPONDENCE BETWEEN KEAN LIMITED AND YOU ("Websites and Mobile Applications").
PLEASE READ ALL OF THESE TERMS AND CONDITIONS CAREFULLY BEFORE OBTAINING OR USING ANY MATERIALS, PHOTOS, VIDEOS, OR ANY OTHER CONTENT RELATED TO KEAN LIMITED'S WEBSITES AND MOBILE APPLICATIONS.
BY PROCEEDING FURTHER YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO ALL THE FOLLOWING TERMS AND CONDITIONS. USE OF KEAN LIMITED'S WEBSITES AND MOBILE APPLICATIONS INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH KEAN LIMITED. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE KEAN LIMITED'S WEBSITES AND MOBILE APPLICATIONS.
USE OF KEAN LIMITED'S WEBSITES AND MOBILE APPLICATIONS IS NOT FOR PERSONS UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE KEAN LIMITED'S WEBSITES AND MOBILE APPLICATIONS.
These Terms and Conditions may be updated and changed by Kean Limited from time to time without prior notice to you. Kean Limited will update any changes to these Terms and Conditions on this page. Your continued use of Kean Limited's Websites and Mobile Applications after such changes are made constitutes your acceptance of the new Terms and Conditions.
Kean Limited is a company incorporated and registered in Hong Kong. References to "we", "our" and "us" are references to Kean Limited.
Kean Limited provides users of its Websites and Mobile Applications with access to and use of various online services and resources including recruitment services, advertising services, subscriptions, forums, general industry and specialist content through its websites and mobile applications ("the Services"). Unless explicitly stated otherwise, any new features or functionalities of Kean Limited's Websites and Mobile Applications will be subject to these Terms and Conditions and may be subject to any additional terms and conditions as linked herein or which are otherwise notified to you. Any purchase contract that you may enter into by using the Services of Kean Limited's Websites and Mobile Applications will be subject to the terms of sale which are presented to you at the time of sale in addition to these Terms and Conditions and to any additional terms that are applicable to the Services.
Kean Limited is concerned about the safety and privacy of all users of its Websites and Mobile Applications, particularly children. Use of Kean Limited's Websites and Mobile Applications is not for persons under the age of 18. If you are under the age of 18, you may not use Kean Limited's Websites and Mobile Applications.
If you are using any of the Services of Kean Limited's Websites and Mobile Applications on behalf of a company or educational institution, you hereby represent, warrant and undertake that you have all the necessary power and authority to enter into and perform your obligations and the obligations of that company or educational institution under these Terms and Conditions; you have taken all requisite corporate and other action to approve the entering into and performance of these Terms and Conditions; once agreed and accepted, these Terms and Conditions will constitute legal, valid and binding obligations of an on such company or educational institution. An educational institution means any educational establishment that provides teaching and learning curriculum as its core functional remit and existence, such as, without limitation, schools, school groups, colleges, universities, tuition centres, local authorities, that have agreed to use the Services of Kean Limited's Websites and Mobile Applications.
USER ACCOUNTS AND CONTENT
The registration processes on Kean Limited's Websites and Mobile Applications may involve you providing account designations and passwords. You are responsible for maintaining the confidentiality of the account and password and you are fully responsible for all activities that occur under your account or password. You agree to notify Kean Limited immediately of any unauthorised use of your account or password or of any other breach of internet security and to ensure that you exit from your account at the end of each session. Kean Limited cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Kean Limited will endeavor to protect all personal information collected through our Websites and Mobile Applications in accordance with appropriate data protection standards.
Your use of and your registration of an account with Kean Limited's Websites and Mobile Applications includes the ability to enter into agreements and to make purchases electronically. You agree that any submissions that you make for electronic purchases constitute your intent and agreement to be bound by these Terms and Conditions including any additional terms relating to such purchase, and you agree to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions that you enter into on Kean Limited's Websites and Mobile Applications, including notices of cancellation, policies, contracts and applications.
You acknowledge that all information, data, messages, photos, videos, documents and materials uploaded by you to Kean Limited's Websites and Mobile Applications ("User Content") whether publicly posted or privately transmitted are the sole responsibility of the person from which such User Content originated. Kean Limited accepts no responsibility for, and does not guarantee, the accuracy, integrity or quality of any User Content placed on our Websites or Mobile Applications by any of our users.
Kean Limited's Websites and Mobile Applications and any of our social media pages and forums where you are able to upload materials and content are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment. You acknowledge that by using the Services of Kean Limited's Websites and Mobile Applications and any of our social media pages and forums, there is a risk that you may be exposed to User Content that you may find offensive, indecent or objectionable. Please refer to the section below titled "Content Objections" for details of how to report such User Content to Kean Limited. You should be aware that a party that is aggrieved by your User Content may take legal action against you and this could result in data and information concerning your identity being disclosed and you having to pay compensation to the aggrieved party.
You agree not to use the Services of Kean Limited's Websites and Mobile Applications to-
You acknowledge that Kean Limited generally does not pre-screen User Content on our Websites and Mobile Applications but that Kean Limited and people and entities designated by us shall have the right but not the obligation to monitor communications and content that occur through, and posts made to, our Websites and Mobile Applications. If Kean Limited determines at our sole discretion that you or another user have breached these Terms and Conditions or that any User Content is inappropriate or otherwise objectionable, Kean Limited may refuse to accept or may remove any User Content from our Websites and Mobile Applications, without any liability to you or a third party.
GENERAL USE OF THE SERVICES
You agree that Kean Limited has no responsibility or liability for the deletion of or failure to store any User Content, messages and other communications or other content maintained or transmitted by the Services on our Websites and Mobile Applications.
You are responsible for any hardware, systems and/or software programs you use and any associated fees and expenses to connect to, browse or otherwise access and use the internet, and/or to access our Websites and Mobile Applications, and/or to use, edit, browse, download, install or transfer any materials on our Websites and Mobile Applications, including any User Content.
You acknowledge that Kean Limited may establish general practices and limits concerning use of the Services on our Websites and Mobile Applications, including without limitation the maximum number of days that User Content will be retained by the Services and the maximum number of times and the maximum duration for which you may access the Services in a given period of time.
You acknowledge that Kean Limited reserves the right to change these general practices and limits at any time in our sole discretion, with or without notice.
You acknowledge that Kean Limited reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part thereof of our Websites and Mobile Applications, with or without notice. You agree that Kean Limited shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
You agree that Kean Limited in its sole discretion and without liability to you or to any third party, may suspend or terminate, with or without notice, your access to our Websites and Mobile Applications and/or the Services or any part of them, any of your passwords and accounts (or any part thereof or related files and information), and may remove and discard any content with the Services for any reason including, without limitation, lack of use or if Kean Limited believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Kean Limited's only remedy and we may take any other action we reasonably deem appropriate in connection with such breach.
Kean Limited is the owner or the licensee of all copyright, trademark rights and/or other intellectual property rights displayed on the Services and Websites and Mobile Applications, unless otherwise indicated. All other trademarks are the sole property of their respective companies. All use is prohibited. You acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by third party copyrights, trademark rights, service marks, patents or other proprietary rights and laws. Kean Limited reserves all intellectual property rights not otherwise granted under these Terms and Conditions.
Kean Limited grants to you a personal, non-transferable and non-exclusive right and licence to use our Websites and Mobile Applications and the Services for their intended purpose subject to your compliance with these Terms and Conditions. This licence does not include the right to collect or use information contained on our Websites and Mobile Applications for any purpose not specifically listed in these Terms and Conditions, to compete with Kean Limited, to create derivative works based on the content of the Websites and Mobile Applications, or to download or copy the Websites and Mobile Applications. If you use the Websites and Mobile Applications in a manner that exceeds the scope of this licence or you breach these Terms and Conditions, Kean Limited may revoke the licence granted to you.
You are prohibited from reproducing, copying, modifying, renting, leasing, loaning, selling, distributing, exploiting, extracting, creating derivative works of or otherwise communicating or making available to third parties any part of the content of Kean Limited's Website and Mobile Applications or the Services without our prior written consent. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained on the Websites and Mobile Applications. You acknowledge that, by making use of our Website and Mobile Applications, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
For the purposes of these Terms and Conditions, "Confidential Information" means any and all data, information, documents, software or materials relating to the business and management of Kean Limited, its users and members, affiliates, licensors and/or licensees that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Websites and Mobile Applications content belonging to others and other intellectual property. You acknowledge that any Confidential Information which you obtain by entering into these Terms and Conditions and the use of our Websites and Mobile Applications and the Services constitutes the valuable, confidential, proprietary information of Kean Limited and its licensors, and you agree that during the term of your use of the Websites and Mobile Applications and the Services and thereafter you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorised under these Terms and Conditions or as required by applicable law.
LINKS TO OTHER WEBSITES
The Services of Kean Limited's Websites and Mobile Applications may provide, or third parties may provide, links to other websites or resources. Kean Limited has no control over these third party websites or resources and you acknowledge and agree that Kean Limited is not responsible for the availability of such external third party websites or resources, and that Kean Limited does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that Kean Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available through any such website or resource.
DEALINGS WITH ADVERTISERS AND THIRD PARTIES
Your dealings with advertisers, suppliers, merchants and any other third party found on or through the Services of Kean Limited's Websites and Mobile Applications, including payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that to the fullest extent permitted by applicable law, Kean Limited shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Services or the Websites and Mobile Applications; any orders placed by you on, and any product specifications and product availability appearing on, the Services or the Websites and Mobile Applications are subject to confirmation by, and are supplied subject to the terms and conditions of business of the relevant third party; and Kean Limited does not endorse or adopt any of the advertisements provided on its Websites and Mobile Applications.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
LIMITATIONS OF LIABILITY
Kean Limited's liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of our Websites and Mobile Applications and/or any of the Services shall be limited to the greater of: (a) USD 100.00 and (b) the price validly paid by you to Kean Limited under any contract for paid services during the 3 months preceding the event giving rise to the claim. You expressly acknowledge and agree that Kean Limited shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, or opportunity. Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of Kean Limited.
EVENTS OUTSIDE OUR CONTROL
Kean Limited will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any related contract between us that is caused by any act, event, non-happening, omission or accident beyond our reasonable control ("Force Majeure Event"), including (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; interruption or failure of utility service; including the impossibility of the use of public or private telecommunications networks; and/or the acts, decrees, legislation, regulations or restrictions of any government. Kean Limited's performance under any Terms and Conditions or any related contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any related contract between us may be performed despite the Force Majeure Event.
If you object to the publication of any material including User Content made available through our Website and Mobile Applications and the Services, either because it is offensive or you believe it might infringe your intellectual property rights or it is prohibited content, please contact us through www.facultymatch.com with details of the objection. Examples of the types of abuse or other objectionable material including User Content include offensive language or user-targeted attacks such as harassment and bullying, classifiable content, illegal content, discrimination for example based on race, religion or gender.
CHANGES TO TERMS AND CONDITIONS OF USE
You agree that Kean Limited has the right to change the Terms and Conditions at any time and without prior notice to you at its sole discretion.
You agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
This Agreement shall be governed by and interpreted in accordance with the laws of Hong Kong.