Super Resume Company Limited (the “Company”) is the owner of www.jobtopgun.com, www.superresume.com and www.saywana.com (collectively referred to as the “Platforms”) with the purpose of being a platform for communication channel and creating communities between users, that can be divided into 2 groups: the Job Seekers and the Job Hunters (the “User”).
By using the Platform, the User has thoroughly read and agreed to comply with the terms and condition defined in this Terms of Services and its amendment thereof (the “Terms”). In case the User does not accept and agree to comply with this Terms, the Company reserves the right to prohibit or disallow such User to use the Platforms. If any User continues to use the Platforms after any amendment to the Terms, such User shall be assumed to have accepted this Terms and any of its amended versions.
The User acknowledges that apart from this Terms, the Company may need to process the User’ personal data for the purpose of providing the services on the Platform and the Company defines the terms and conditions on processing the User’ personal data in the Privacy Notice where the User shall read and understand prior to using the Company’s services.
1. User Account
The User shall keep their username and password confidential and shall not disclose such information to any third party. The Company shall not be responsible for any damages that occurs from the unauthorized use of the User’s username or password by any third party. If there is any unauthorized use of such username / password, such User shall notify the Company immediately. The User accepts that any transactions made by the User’s account with the Company shall be deemed to be executed by the User and shall bind upon such User so the User shall take responsibility for such transaction.
2. Scope of Services
The User agrees and acknowledges that the Company provides 3 main services (the “Services”) to the User through the Platforms and by registering the user account, the User shall be entitled to get access to these Services.
General Use. For the use of any Services on the Platform, the Company may open for the free-of-charge or charge any service fee for any function of the Services / Platform and it shall be the User’s full discretion to decide which Services to be used. For any Services that will be subject to the Service fees: (a) in case that the User fails to make the Service fee payment when due, the Company reserves the right to suspend or terminate the use of such User without prejudice to the rights to claim any other damages that the Company shall be entitled under any applicable laws; and (b) since the internet payment of such Service fee will be administered and managed by the third-party vendor, the Company shall not be liable and responsible for the damages incurred from the case that third-party vendor may suspend or withhold the payment made by the User and the Company shall still be entitled to suspend the use of such User in case of the unsuccessful payment.
The Company reserves the right to make an amendment on the Terms and adjust the Service fees payable for the use of the Services or add / reduce the Platform features; provided that those amendments shall become effective upon notification made on the Platform.
2.1 Services Provided through the Super Resume Platform. The Super Resume platform provides services for Users, in their capacity as Job Seekers, to create standardised resumes for job applications that present the User’s profile in an attractive and professional manner. The services include: (1) recommending topics that should be included in a resume, presented in the form of a questionnaire for Users to complete; (2) generating a standardised resume format based on content provided by the User; (3) storing each User’s created resume within the system; and (4) disclosing resume data through a system linked to the JobTopGun platform, enabling Job Hunters to review Job Seeker information as displayed on Super Resume. Such disclosure shall not involve the direct disclosure of Job Seekers’ personal data unless the User grants the Company permission to do so. In using this platform, Users acknowledge and agree to the following conditions:
2.1.1 In completing the questionnaire on the platform, Users must provide only truthful and accurate information about themselves in all sections. The Company has no duty or liability with respect to the presentation of such information. The Company does not guarantee or confirm the accuracy or truthfulness of any information provided and submitted by Users.
2.1.2 The Company may employ Artificial Intelligence technology to assist in analysing or presenting information about the Users, including but not limited to personality assessments, key characteristic summaries, or the preparation of persona summaries, based on information submitted directly by the User to the Company. The User acknowledges and agrees that: (1) such processing and analysis constitutes statistical suggestions only, performed using existing technology; (2) the results of analysis by Artificial Intelligence technology do not constitute a professional personality evaluation and may contain errors or be incomplete. The Company makes no representations or warranties, whether express or implied, regarding the accuracy, completeness, reliability, or suitability of the outputs generated by Artificial Intelligence technology for any purpose whatsoever; (3) the User retains sole and absolute discretion in making the final determination as to whether the information analysed by Artificial Intelligence technology accurately reflects the User’s characteristics and qualifications; and (4) the Company shall not be responsible for any decisions made by Job Hunters or any other third parties that are based on content generated by Artificial Intelligence technology, including but not limited to any indirect damages arising from the use, misuse, or reliance on content generated by Artificial Intelligence technology by any person, which includes but is not limited to loss of employment opportunities, reputational harm, or discriminatory treatment.
2.1.3 In the event of any dispute arising from information presented and submitted by the User through the platform, including content generated by the Artificial Intelligence, the User, as the provider of such information, warrants and acknowledges that the Company shall not be liable for any damages or losses that any person may claim. The User, as the information provider, shall indemnify the Company for all damages that may arise in connection with the Company and/or the platform.
2.1.4 The User acknowledges that the Company has the right, but not the obligation, to review the accuracy and precision of information submitted to the platform. However, if the Company discovers that submitted information is inaccurate, the Company reserves the absolute and unilateral right to exercise its discretion to delete, suspend the use of services, or suspend the publication of the relevant User’s Super Resume for further verification or to prevent any potential damages. The User shall have no right to claim any damages arising from the exercise of such discretion. The Company’s failure to exercise such right shall not constitute a waiver of the Company’s right to review and verify any such User information at a later time.
2.2 Services Provided through the JOBTOPGUN Platform. The JOBTOPGUN platform serves as an intermediary for communication and matching between job advertisement requirements posted by Users in their capacity as Job Hunters and the work history profiles provided by Users in their capacity as Job Seekers on the JOBTOPGUN platform, whether submitted directly or through the Super Resume platform. The Company shall: (1) compile the job advertisement requirements of Job Hunter Users and compile the work history profiles of Job Seeker Users; and (2) display information regarding the advertisement conditions and work history profiles of both parties through the platform interface, enabling each party to select and proceed with contacting the other — that is, enabling Job Hunters to contact Job Seekers whose work history matches their requirements, and enabling Job Seekers to apply for positions with Job Hunters of interest. Through the Company's systems and technology, the Company may present matching suggestions between Job Hunter advertisements and Job Seeker work histories for Users' convenience. In using this platform, Users acknowledge and agree to the following conditions:
2.2.1 Both Job Seeker and Job Hunter Users acknowledge and agree that the Company merely serves as an intermediary in presenting job advertisement information or the work history profiles of Users on each side. Users who complete, present, submit, or decide to publish information about themselves — whether submitted directly or generated and presented through the Company's systems — through the platform shall be solely responsible for the accuracy and precision of the information they have submitted to the system. The Company does not guarantee or verify any information displayed through the platform. Accordingly, in the event of any dispute regarding such content, the relevant User shall be solely responsible for such content and shall indemnify the Company, as the platform service provider, for all damages in full. However, if a User on either side encounters an issue with content presented by another User through the platform, that User may report the matter to the Company, and the Company reserves the absolute right to exercise its discretion in handling such matters as it deems appropriate. The User shall have no right to claim any damages from the Company.
2.2.2 Both Job Seeker and Job Hunter Users acknowledge and agree that the Company merely provides matching suggestions that may share similar characteristics. However, the decision to contact each other for further steps, including the decision to hire or not to hire, or the performance of any employment agreement between both parties, shall be decisions and actions taken entirely by both User parties. The Company has no involvement in, or liability for, such matters.
2.2.3 The Company does not guarantee the success of any User's use of the services on either side. Specifically, the Company does not guarantee that every Job Seeker will secure employment, nor that every Job Hunter will find a suitable candidate for their positions. Accordingly, the Company shall not be liable for any such failure to achieve the desired outcome.
Saywana Platform is a platform that creates a network community for Job Seekers who share similar work details as shown on the Super Resume Platform to communicate and provide advice and guidance on career development in an academic and professional manner. For this Platform, the Company shall (1) allow the Job Seekers to create their own profile page that will be featured on a public post of Saywana Platform; provided that the User can choose their privacy setting; (2) recommend Job Seekers that have similar interests, preferences or work details to have the opportunity to contact each other; (3) provide a platform for the User to share stories or contents among other connected Users on the Platform; and (4) act as a communication channel for promoting programs or activities initiated by User to provide opportunity for the User to contact and join in those activities.
By using Saywana Platform, the User shall acknowledge and agree as follows:
| a) | Company only provides a communication channel for the Users that have similar interests in professional development based on the User information provided on the Super Resume Platform or their Profile created on the Platform; provided that it is the User’s sole discretion to choose to contact each other and the Company is not involved in such decision. |
| b) | Saywana Platform has the key purpose of enhancing professional development. In case that any User uses the Platform for other purpose than the one defined by the Company, it shall be deemed that those communication are executed solely by the Users and the Company shall not be held liable or responsible for any damages incurred in those out-of-scope communication. |
| c) | Any Information that is displayed through Saywana Platform is provided and submitted by the User. The Company does not have the obligations or responsibilities to verify the content of User’s profile page nor the information presented through any feeds of the Saywana Platform. The User shall be solely responsible for the accuracy and precision of the information and agree to be responsible for the damages or claims against the Company. |
| d) | In case any disputes arisen between the Users regarding the content exchanged or expressed through the Platform, such dispute shall be settled directly between the Users; provided that the User shall not claim any damages from the Company due to such dispute. The Company reserves the right to announce a guideline and framework for expressing opinions on the Platform and if any User does not comply with such guideline, the Company shall have the right to suspend or delete the content to reduce the impact that may occur between the Users and the User shall not have right to claim any damages from the Company for exercising such right. |
| e) | In case the User organizes activities or programs for professional development and announce those activities or program on the Platform or via the network created on the Platform, the User agrees to be responsible for such activities and programs and acknowledges and accepts that the Company is not involved or responsible for such event. |
3. User's Term of Services
| 3.1. | The User agrees to use the Platforms only for lawful purposes and in accordance with the purpose of each Platform as stated in writing by the Company. | ||||||||||||
| 3.2. | The User agrees not to present or upload in the following manners the contents on the Platforms; provided that in case the Company detects and considers any contents on the Platform violating this clause, the Company shall have the right to deny, reject, modify or delete such content from the Platform at any time and without any prior notice to the User and the Company accepts no responsibility for any loss or damage which may arise to the User from this matter:
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| 3.3. | The User shall be prohibited from using screen scraping, data mining, robots or similar data gathering techniques on the Platform to establish, maintain, develop or reproduce information for any purpose. | ||||||||||||
| 3.4. | The User represents and warrants that the User is a natural or a juristic person that has the right to perform any transactions under the applicable law, in particular, in case the User is under 18 years old, he/she shall ensure that his/her legal guardian has consented to the transaction entry by such User. In the event it is known to the Company that the User is violating the condition under this clause, the Company shall have the right to suspend and cancel the User’s account without prior notice and the User shall not be allowed to claim for any loss or damage from the Company. | ||||||||||||
| 3.5. | The Company reserves the right to suspend or terminate the use of Services that lead to the business of insurance agencies or brokers, multi-level business (MLM Business), face-to-face direct sell and any other similar business, including the case that the User presents the job advertisements which are vague, inappropriate, suspicious. In case of any violation, the Company shall have the discretion to suspend or terminate the use of those Services immediately without prior notice to the User and the User shall not be allowed to claim for any loss and damage from the Company. | ||||||||||||
| 3.6. | The Job Hunters shall allow the Company and its affiliates to use their company name and logo for the purpose of promoting them as the Company or Platform’s clients. The User agrees that the Company shall be entitled to disclose information relating to Platform usage of the User for commercial or marketing purpose at its discretion. It is acknowledged by the User that the Company’s rights in this regard shall be continued despite the termination of the Services; provided that the Company shall comply with the Company’s Privacy Policy. | ||||||||||||
| 3.7. | If the Job Hunter agrees to purchase additional service from the Company, such Job Hunter shall comply with this Terms and the term and conditions of such additional service which the Company will provide together with a quotation. | ||||||||||||
| 3.8. | The User shall not print, download, remake, copy, reproduce, forward, republish, or use any information that could potentially identify other User on the Platform except as allowed by the Company on each Platform and except with a written consent from the relevant User. |
4. Protection of the Intellectual Property
All contents on the Platforms including without limitation the information, messages, graphics, pictures, layouts, designs, images, logos, editorial contents, languages that are used on the homepage and the documents on the website (HTML) and other ownerships on Platforms (the “Platforms Content”) is the intellectual property of the Company. The Company reserve its rights to enforce all of its intellectual property rights in the Platform Content, including without limitation the right to enforce against the User who infringes the Company’s intellectual property. The User shall not nor engage any third party, whether in whole or in part, to copy, reproduce, share, publish, spread, distribute, store (in any form), display, modify, sell, transfer, or engage in the sell, transfer, offer for sale, create, develop, or benefit in any way from the Platform Content.
5. User’s Liability
To the fullest extent permitted under the applicable laws, the User agrees to indemnify and hold harmless the Company, its affiliates officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arisen from or relating to the non-performance of this Terms or any third party claims against the Company. This indemnification shall be in addition to all other obligations of User under the Terms, and shall not prejudice any other rights or remedies available at law to the Company.
6. Limitation of the Company's Liability
| 6.1. | The Company is not a representative or agent of any User for the Services provided on the Platform and the Company shall not be responsible for any decision made by such User for any reason. |
| 6.2. | To the fullest extent permitted by the applicable law, the Company, its affiliates, directors, employees, or representatives shall not be liable, in any event, for the damages suffered from any User’s use of the Services of the Company except such damages arisen directly from the Company’s willful misconduct or gross negligence. |
| 6.3. | The provision of the Services by the Company on the Platforms shall be made on the ‘as-is basis’ only. To the fullest extent permitted by the applicable laws, the Company disclaims explicitly on giving the representation and warranty in any aspects on the Platform, any components thereof and any other services provided on the Platform, including in particular the Company do not give representation and warranty on: (1) the merchantability of the Platform or the absolute match of the Platform performance and each of the User’s expected purposes; (2) the representation that the Platform shall operate without any delay, interruption or accuracy and the Platform shall operate continuously without any downtime or technical error; (3) the representation that the Platform is secure and does not have any virus or any dangerous components; (4) the representation that all the contents presented on the Platform are all accurate, correct and reliable without any violation of any third parties’ right. |
| 6.4. | To the fullest extent permitted under the applicable law, the Company, its affiliates, employees, directors, staff or representatives shall not be liable for any damages resulting from the misuse of the Services by the User or any force majeure. |
| 6.5. | Unless otherwise stated in this Terms and to the fullest extent permitted by the applicable law, the aggregated liability of the Company for the claims relating to the Services provided by the Company or the Platform shall be limited to the total Services fees received by the Company which gave rise to such claim. |
| 6.6. | The Platform may have the link to the third-party website that the Company does not have any control or involvement in such third-party website and the Company shall not be liable for any damages or compensation arisen from the User’s use of any services on the third-party website. |
7. Miscellaneous
| 7.1. | This Terms shall be governed by and construed in accordance with the laws of Thailand in the event of any dispute in connection with the Terms, such disputes shall be settled by arbitration in accordance with the current Arbitration Rules of Thailand, as applicable to date. |
| 7.2. | Each provision under this Terms shall be applied separately. If any terms or provisions of these Terms are held to be illegal, void, or unenforceable under any applicable laws, such provision shall have no effect on the remaining provisions. |
| 7.3. | This Terms is written and agreed in Thai and has been translated to English. In case of any inconsistency between the Thai version and its English translation, the Thai version shall prevail for the purpose of interpretation. |