THE LEGAL STUFF

This page states the "Terms and Conditions" under which you may use the techstarthailand.com website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Website and services. By using the Website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. ISM Technology Recruitment Ltd., (the "Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.

In these Terms and Conditions, the following terms have the following meanings.

“Job” means any type of activity in which one party performs services or produces a product for another party in exchange for compensation. The definition includes, but is not limited to, employment as staff, project-based services, contract services, and work done in a freelance capacity.

“Employer(s)” means individuals or juristic entities using the facilities of the Website to present or promotes any Job advertisements, notices, or other Job-related activities

“Job Seeker(s)” means users of the Website seeking information about Job opportunities.

"You" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason.

The contents of the Website, such as text, graphics, images, logos, icons, software, and other content (collectively, "Website Content"), are protected under both Thai and international copyright, trademark and other laws. All Website Content is the property of the Company or its content suppliers or customers. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of the Company and protected by Thai and international copyright laws. Unauthorized use of the Website Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices, if any, contained in the original Website Content on any copy you make of the Website Content. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose. The use of the Website Content on any other website or in a networked environment, including internet groups or chat rooms, is prohibited.

You shall not copy or adapt the HTML code that the Company creates to generate any Website Content or the pages making up Website. It is also protected by the Company's copyright.

General Rules: Users may not use the Website in order to transmit, distribute, store or destroy material, including without limitation Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or any “malware” to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or other content. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and will cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

The Website may be used only for lawful purposes by individuals seeking employment opportunities, career information, or to participate in any forums, contests, or other activities directly facilitated by the Website, and by Employers seeking individuals with specific skills and experience for potential Jobs or other employment opportunities. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any other purposes including, but not limited to, the following:

• posting any incomplete, false or inaccurate biographical information or work history, or other information which is not your own, accurate data;
• posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for Job postings which make clear that the available Job pays commission only and clearly describes the product or service to be sold, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;
• using the search functions of the Website for any purpose other than that for which the Website is designed, namely to identify and contact Job Seekers having a specific set of skills, for potential work opportunities;
• using of the information on the Website, including but not limited to the Website’s resume database, to sell or promote any products or services;
• sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to any user of the Website;
• deleting or revising any material posted by any other person or entity;
• using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website;
• taking any action which imposes an unreasonable or disproportionately large load on the Website infrastructure;
• if given a password allowing access to a non-public area of the Website, disclosing the password to or sharing it with any third parties, or using the password for any unauthorized purpose.
• attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
• aggregating, copying or duplicating in any manner any of the Website Content or information available from Website;
• framing of, or linking to, any of the Website Content or information available from Website.

Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than via publicly available search engines or the search agents available from the Company via the Website, and other than via generally available third party web browsers (e.g. Chrome, Firefox, Safari, Internet Explorer, etc.) is prohibited.

The Company reserves the right to expel users and prevent their further access to the Website for violating any of the above prohibitions.

When registering as a User on the Website, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on the Website, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. 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; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regarding your Information.

As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Website You agree not to, do the following things: post material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless You own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post material that is off-topic on topic-specific message boards; post a sexually explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users nor does it endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate, in its sole discretion, if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of the Website, including message boards, forums, contests, and chat rooms, You grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any subscriber to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing and the Privacy Policy, the owner of such content placed on the Website retains any and all rights that may exist in such content.

Any hyperlinks, "hidden" keywords or any keywords contained in a Job posting that are irrelevant to the Job, or contained in profile content that are not relevant to the Job Seeker’s profile, and/or, in either case, which are otherwise misleading, are prohibited.

We appreciate hearing from our Users and welcome your comments regarding our services and the Website. Please be advised, however, that we do not solicit and may not respond to creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not send creative suggestions, ideas, drawings, concepts, inventions, or other materials. If, despite this request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other materials (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by You. You agree to immediately notify the Company immediately of any unauthorized use of your registration or password or if you believe that the security of your registration and/or password has been compromised.

The Company respects the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners’ rights. As a condition to your use of the Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to the Website for 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 account holder who is terminated or to the user whose access is blocked.

The Website is only a venue for Employers to post Job opportunities and Job Seekers to post resumes and profile data. The Company does not screen or censor the listings offered and is not involved in the actual transaction between Employers and Job Seekers. As a result, the Company has no control over the quality, safety or legality of the Jobs or resumes posted, the truth or accuracy of the listings, the ability of Employers to offer Job opportunities to candidates, or the ability of candidates to fill Job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, in dealing with strangers, who might be acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website. Without limiting the generality of the foregoing provisions, the Job Seeker shall assume all risk whether or not foreseeable arising from acceptance of a position with an Employer identified as a result of using this Website.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Website, in the event that You have a dispute with one or more users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Website. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled.

We expect that You will use caution and common sense when using the Website.

The Website Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Website Content. The use of the Website and the Website Content is at your own risk. Changes are periodically made to the Website and may be made at any time.

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or profile data placed by You on the Website. Employers are solely responsible for the content of their postings on the Website, even if the act of posting and/or uploading content provided by Employer was performed by the Company on Employer’s behalf.

The Company is not to be considered to be an employer with respect to your use of the Website and the Company shall not be responsible for any employment decisions, for whatever reason made, by any entity posting Jobs on Website.

THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE WEBSITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ACCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PROVISIONS THE WEBSITE'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

The Website contains links to third-party websites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of Website.

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies including but not limited to deletion of your postings from the Website and immediate termination of your registration with, or ability to access, the Website and/or any other service provided to You by the Company, upon any breach by You of these Terms and Conditions, or if the Company is unable to verify or authenticate any information You submit to the Web Site.

You agree to defend, indemnify, and hold harmless the Company, its 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 (i) any material You provide to the Website, (ii) any Website Content that You use or (iii) your breach of the terms of these Terms and Conditions. The Company shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at your expense, in defending any such claim, suit or proceeding.

The Company makes no claims that the Website Content may be lawfully viewed or accessed in any specific country or territory. Access to the Website Content may not be legal by certain persons or in certain countries. If You access the Website You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall only have effect in that jurisdiction and shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect in that jurisdiction. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as may be expressly provided in additional terms of use for areas of the Website, or a particular "Legal Notice," or Software License or material on particular Website pages, these Terms and Conditions constitute the entire agreement between You and the Company with respect to the use of Website. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

These Terms and Conditions are written in English, which shall be the governing language. They may be translated into other languages, but any translations are understood to be for convenience only. If there is any inconsistency between the English language and the other language versions, the English language version shall prevail. Users undertake that they have read these Terms and Conditions and understand the English contents.