TERMS OF SERVICE
Last Updated: 29 November 2019
ScoutOut Services through our websites, mobile applications or any other ScoutOut products, including software, data feeds, content, media and services provided to you on, from, or through the ScoutOut is provided under the agreement of:
- our “Terms of Service” as outlined in this document,
- other rules and policies found at each individual ScoutOut products and services.
If you have any questions about our terms of service, privacy practices or other rules and policies, please refer to the end of this document for information on how to contact us.
We may, at our sole discretion, amend or modify these Terms of Service and other rules and policies at any time without prior notice, and you agree to be bound by such amendments or modifications. Your continued use of the Service following the posting of changes to this Terms of Service, will mean you consent to and accept those changes. If you do not consent to such changes you may delete your account by following the instructions under “Rights to your information” Section. For your benefit, you should periodically check the most up-to-date version.
In this Terms of Service, the following terms shall have the respective meanings specified below unless it has been stated otherwise for those particular context:
“ScoutOut” means Scout Out Recruitment Limited.
“ScoutOut Group” means Scout Out Pte Ltd and other affiliated companies.
“Service or Services” means services that are provided through any websites, job portals, mobile applications or any other services, including but not limited to, software, data, content and other media by ScoutOut, our affiliates and/or partners for the benefit of our Users, Members, Employers or Recruiters, Jobseekers, or Visitors; provided to you either as free and/or paid services.
“Content” means any work of authorship or information, including but not limited to, salaries, company reviews, interview reviews, company photos, employer responses, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, e-mail, or other materials from ScoutOut, Members, Visitors, advertisers, or other third parties made available to you through our Services.
“Jobseekers” means Users, Members or Visitors who may be looking for a job.
“Employers or Recruiters” means company users or recruiters who may post job ads and/or employer ads through our Services.
“Users” means any person who visits or uses our Services; including both registered users (“Members”) and unregistered users (“Visitors”).
“Registration or registering” means the process of consenting and disclosing your data to ScoutOut to store and disclose on the User’s behalf the data necessary to facilitate the recruitment process:
- Jobseekers data include, but not limited to, personal data, resume, profile information and application forms;
- Employers/Recruiters data include, but not limited to, job ads, employer ads, employer/recruiter profile information.
“Member or Members” means Users or Employers or Recruiters that has registered and created a ScoutOut account with a ScoutOut username and password login, phone number login or using third party logins such as LINE, Google, LinkedIn or Facebook, for example.
You agree to use our Services solely for lawful purposes in a manner consistent with
- the Terms of Service and our other rules and policies,
- any and all applicable law,
- any and all applicable regulation, or
- other binding obligations (including contractual obligations) you may have towards third parties.
Because we generally do not verify and control the Content, you understand and agree that:
- we are not responsible for any Content or for any damages occurring as a result of your use of or reliance on it,
- we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and
- we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Content.
Our Service may contain links to third-party websites placed by:
- ScoutOut as a service to those interested in this information,
- other Members,
- other Users, or
- other service providers.
You agree that your use of all such links to third-party websites is at your own risk. We have no responsibility for and control over the Content, information, privacy policies, or practices of any third-party websites. By using the Service, you expressly relieve us from any and all liabilities arising from or in connection with your use of third-party websites.
ScoutOut’s Service is intended for your personal and non-commercial use ONLY. You may not use our service for any commercial purposes, unless you have received our prior written consent. If you intend to make commercial use of our Services, you can contact us to enter into a separate agreement.
Registering A Scoutout Account
In order to become our Members, you are required to register an account with us; You agree and consent to disclose to and provide ScoutOut with an accurate, truthful and complete personal profile information.
You agree that you are entirely and solely responsible for maintaining the confidentiality of your account password and for any and all use of your account. You agree not to use the account or password of other Members at any time. You must notify us promptly of any unauthorized use of your account.
Rights To Scoutout Content
ScoutOut and our licensors (including other users) own and retain all proprietary (and intellectual property) rights in the Content provided through the Service. ScoutOut Group owns and retains all of our property rights in ScoutOut.
If you are a User, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license under the intellectual property rights licensable by us to download, view, copy and print the Content from the Service solely for your personal use in connection with using ScoutOut. Except as provided in the foregoing, you agree not to, among others:
- reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on Scout Out or the Content (excluding your Content); or
- rent, lease, loan, or sell access to Scout Out.
We reserve all of our intellectual property rights in the Services. The trademarks, logos and service marks (“Marks”) displayed or used in connection with ScoutOut are our Marks or registered Marks. Other Marks used in connection with the Services may be the Marks of their respective owners. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
Rights To Your Content
You own the Content that you write, create, submit, advertise or post to the Service. You agree to only grant us the following non-exclusive license: A worldwide, transferable, sublicensable right to use, copy, modify, distribute, publish, and process the Content that you provide through our Service, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways.
- You can end this license for specific Content by deleting such Content from the Service, it is deleted in a manner similar to emptying the recycle bin on a computer, or generally by closing your account, except:
- to the extent you shared it with others as part of the Service and they copied or stored it,
- for the reasonable time it takes to remove from backup and other systems. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others), or
- to comply with applicable laws & regulations.
- We will not include your Content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the rights, without compensation to you or others, to serve ads near:
- your Content, or
- your comments on sponsored content
- We will get your consent if we want to give others the rights to publish your posts beyond the Service. However, other Members and Visitors may access and share your Content, consistent with your privacy settings and degree of connection with them.
- While we may edit and make formatting changes to your Content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- Because you own your Content and we only have non-exclusive rights to it, you may choose to make it available to others in any way.
By submitting suggestions or other feedback regarding our Service, you agree that we can use and share (but does not have to) such feedback for any purpose without consent from and/or compensation to you.
You agree to only provide the Content if that does not violate the law nor anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. We may be required by law to remove your certain Content in certain countries.
Enforcement By Scoutout
While we have no obligation to do so, we reserve the right to review and delete (or modify) any Content that we believe, at our sole discretion, violates these Terms of Service, other applicable policies or any applicable regulations and laws, or that we deem, at our sole discretion, inappropriate. In cases that such improper Content is reported by you and we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms of Service or any agreement we have with you.
While we have no obligation to do so, we reserve the right, at our sole discretion, to remove Content, job posts or advertisements, and/or terminate Member accounts:
- Of businesses in the following category, including without limitation: agency, broker, insurance sales, direct sales, membership businesses, MLM, Face-to-face marketing or similar,
- With incomplete, inaccurate or untrustworthy Content and/or profile information
While we have no obligation to do so, we reserve the right to investigate and take appropriate action, at our sole discretion, against you if you violate these Terms of Service, including without limitation:
- removing Content (modifying it);
- suspending your rights to use the Service;
- terminating your membership and account;
- reporting you to law enforcement, regulatory authorities, or administrative bodies; and
- taking legal action against you.
You agree to and shall make your directors, assigns, employees, agents, successors defend, indemnify, release and hold harmless us, our subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, employees, contractors, licensors, suppliers, agents, successors and assigns from and against any and all losses, claims, suits, judgments, liabilities, damages and/or costs (including but not limited to, reasonable attorney’s fees) made by any third party due to or arising out of:
- your use of Scout Out or any Services or access by others to your account or any other act or omission,
- your breach of these Terms of Service, and/or
- your violation of any law or the rights of third parties.
Disclaimers And Limitation Of Liability
The disclaimers and limitations of liability contained herein apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
You agree that you are solely responsible for your interactions with other Members, Users, and/or third parties found on or through ScoutOut, and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any Members, Users, or third parties found on or through ScoutOut.
Additionally, we are not responsible for any incorrect or inaccurate Content or other materials posted on ScoutOut, whether caused by users or by any of the equipment or programming associated with or utilized in ScoutOut. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other users.
We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Scout Out or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with Scout Out. Under no circumstances shall we be responsible for any loss or damage resulting from the use of Scout Out or from any Content posted on Scout Out or transmitted to users, or any interactions between users of Scout Out, whether online or offline.
You expressly agree that your use of the Services, including the use of Scout Out, is at your own risk, that all the Service and all Content and other materials contained within or otherwise made available to you through our Services are being provided to you on an “as is” and “as available” basis.
We expressly disclaim any warranties and conditions of any kind, whether express or implied, statutory or otherwise, including but not limited to,
- any warranties or conditions of merchantability,
- fitness for a particular purpose,
- service availability, interruption, timeliness, security, or error-free basis, and/or
- accuracy and reliability.
You agree to release us, our officers, directors, employees, agents and successors from any and all claims, demands, losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from:
- any interactions with other Visitors and Members of Scout Out or third parties; and/or
- your participation in any of our offline events.
In addition, to the full extent permitted by applicable law, we, our officers, directors, employees and agents, shall not be responsible or liable to you or any third party for any damages or losses or any kind arising from or in connection with:
- your use of any Service, or
- from any Content, or
- other materials contained within or otherwise made available to you through our Service,
including but not limited to,
- lost profit, loss of data, loss of use, goodwill or reputation, personal injury, pain and suffering, emotional distress, or
- other intangible losses, or
- any direct, indirect, consequential, exemplary, incidental, special or punitive damages
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Notwithstanding anything to the contrary contained herein, where permitted by applicable law, you agree that our liability to you for any damages arising from or related to your use of our Services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to ONE HUNDRED DOLLARS ($100).
Certain jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions or limitations may not apply to you.
These Terms of Service remain in full effect while you use ScoutOut and for Members, as long as your account remains open. Your account can be terminated in the following cases:
- you may request to delete your own account at any time,
- we may suspend or terminate your account or your access to ScoutOut, without prior notice to you, if we believe that you have violated these Terms of Service.
All provisions of these Terms of Service shall survive termination or expiration of these Terms of Service except those granting access to or use of Scout Out. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
You agree that this agreement and any and all claims or disputes by and between you and ScoutOut, including but not limited to any such claims or disputes that are in any way related to or arising from this agreement or your access to or use of ScoutOut, shall be governed by the laws of Thailand without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction.
Please read this carefully. It affects your rights. You agree that by entering into this agreement, you and we are each waiving the right to trial by jury or to participate in a class action. You and we agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis, and class arbitrations and class actions are not permitted.
You agree that any and all disputes between you and us arising under or related in any way to this agreement must be referred to and finally resolved by arbitration in Thailand in accordance with the Arbitration Rules of the Thai Arbitration Institute, Office of the Judiciary applicable at the time of submission of the dispute to arbitration by 3 arbitrators appointed in accordance with the said Rules and the conduct of the arbitration thereof shall be under the auspices of the Thai Arbitration Institute.
The language of the arbitration shall be English. The arbitration shall be final and binding on the parties, and judgment thereon may be entered in any court having jurisdiction. If either party fails to implement the final arbitral award, the other party may file an application for the enforcement of the arbitral award with a court of competent jurisdiction.
Notwithstanding the above, the parties hereby consent to and agree that, in addition to any recourse to arbitration as set out in this clause, either party may seek a temporary or permanent injunction from a court or any other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the laws of Thailand, a court or authority hearing an application for injunctive relief may apply the law of the jurisdiction where the court or other authority is located in determining whether to grant the injunction.
Except as specifically stated in another agreement we have with you, these Terms of Service constitute the entire understanding and agreement between you and us with respect to your use of our Service and these Terms of Service supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matters of these Terms of Service. You represent and warranty that no person has made any promise, representation, or warranty, whether expressed or implied, not contained herein to induce you to enter into this agreement.
Our failure to exercise or enforce any rights or provision of the Terms of Service shall not operate as a waiver of such rights or provision. If any provision of the Terms of Service is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
The Terms of Service, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms of Service and be void. Nothing in the Terms of Service shall be deemed to confer any third-party rights or benefits or to establish any third-party beneficiary relationship.
ScoutOut and ScoutOut Group shall not be liable for failure or delay in fulfilling our obligations due to any causes beyond our control, including without limitation, acts of God, labor disputes, riots, war, fire, system failures, explosions and epidemics.
Changes to this Terms of Service
We may occasionally update this Terms of Service to reflect changes in the law, our data collection and use practices, the features of our Service, corporate partnerships, and/or advances in technology. When we post changes to this Terms of Service, we will revise the the version number at the top of this Terms of Service. The updated Terms of Service will be posted on the Services under “Settings” and also on https://scoutout.co/en/terms, and you should regularly check for the most recent version, which is the version that applies. If we make any material changes to this Terms of Service, we will notify you of the changes by reasonable means, which could include notifications through the Services or via email. Please review the changes carefully. Your continued use of the Service following the posting of changes to these terms will mean you consent to and accept those changes. If you do not consent to such changes you may delete your account by following the instructions under “Termination” Section.
Scout Out Recruitment Limited
Attention: Scout Out Team
No. 597/5, 2nd Floor, Room No. 204
Sukhumvit Road, Klongton Neu
Wattana, Bangkok 10110