TERMS OF SERVICE

Version 1.3

Last updated: 08 May 2020​

ScoutOut Services through our websites, mobile applications or any other ScoutOut  products, including JobNOW service, ScoutConnect service, software, data feeds, content, media and services provided to You on, from, or through the ScoutOut or under “Powered by ScoutOut” brand is provided under the agreement of:

  1. our “Terms of Service” as outlined in this document,
  2. our “Privacy Policy”, and
  3. 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.

If You do not agree to any of the Terms of Service, the Privacy Policy, the Guidelines and/or other rules and policies found at the ScoutOut’s websites , mobile applications or any other ScoutOut  products, please do not click use, join, sign-up, register, access or download media or content, or similar and do not access or use any of our Services. Your action to use, join, sign-up, register, access or download media or content or similar to ScoutOut’s website, mobile applications or any ScoutOut products; You signify Your agreement to ScoutOut’s Terms of Service, Privacy Policy,  and other rules and policies of our Service.

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 contacting us, see “Contact Us” Section.  For Your benefit, You should periodically check the most up-to-date version.

1. Definitions

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, JobNOW service, ScoutConnect service, software, data, content and other media by ScoutOut, under “Powered by ScoutOut” brand, 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 to apply to a job or jobs, to undertake or perform a salary check, personality test or to use any service or content related to job seeking, work or career enhancements. 

“Employers” means companies , organizations, legal entities, recruiters or recruitment services who may post their own and/or their customer’s,  job and/or employer ads through our Services.

“User”, “Users”, “You” or “Your”  means any user whether an individual, company, organization, legal entity, jobseekers, employers or third party service providers who visits, uses or accesses our Services; including both registered users (“Members”) and unregistered users (“Visitors”), for any reason.

“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 User,  Employer or Jobseeker 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. 

2. Acceptance of Terms of Service

You agree to use our Services solely for lawful purposes in a manner consistent with 

  1. the Terms of Service and our other rules and policies, 
  2. any and all applicable law, 
  3. any and all applicable regulation, or 
  4. other binding obligations (including contractual obligations) You may have towards third parties. 

To use our Service, You must be at least 15 years of age or not less than the legal working age as required by law in the local jurisdiction and in using the service, You agree to accept ScoutOut’s Terms of Service, the Privacy Policy and other rules and policies. Any User who is less than 18 years old, under the age of majority or is void of power or authority to enter into this agreement, a legal guardian must agree to  ScoutOut’s Terms of Service, the Privacy Policy and other rules and policies on behalf of the User. For Users using the Service on behalf of any organization, company or legal entity, any such use shall mean that the organization, company or legal entity agree to accept and be bound by ScoutOut’s Terms of Service, the Privacy Policy and other rules and policies.

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. 

Because we generally do not verify and control the Content, You understand and agree that:

  1. we are not responsible for any Content or for any damages occurring as a result of Your use of or reliance on it, 
  2. we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and 
  3. we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Content.

3. Scoutout Account

Users acknowledge and agree that some ScoutOut Service may require a ScoutOut Account for You to access. In order to become a Member, You are required to register a Member or ScoutOut Account with us; You, of Your own free will, agree and consent to disclose to and provide ScoutOut with accurate, truthful and complete personal profile information. And You agree to allow ScoutOut to access, store, use, and process the information, data and Content You have provided to the Service, in our Database, in accordance with our Privacy Policy.
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; And You must notify us promptly of any unauthorized use of Your account.
User accounts and passwords are subject to cancellation or suspension by ScoutOut at any time, upon any infringement of this Terms of Service, the Privacy Policy and/or other rules and policies.
You may, at any time, request to delete Your membership account by contacting ScoutOut using the information in the “Contact Us” Section. However once Your ScoutOut Account has been deleted, it cannot be restored, in any case, even if You deleted Your Account by mistake.

4. The Services

4.1 Services for Jobseekers

Jobseekers acknowledge and agree that some ScoutOut Service may require a ScoutOut Account for him/her to access. In any case and when required, where Jobseekers write, create, submit, edit or post his/her data or Content on the Service,  the Jobseekers, of his/her own free will, agree and consent to disclose accurate, truthful and complete Jobseeker data including, but not limited to, his/her personal data, resume, profile information and application forms; Jobseekers agree to allow ScoutOut to access, store, use, and process the data and Content he/she provided to the Service, in our Database, in accordance with our Privacy Policy.
By applying to a job ad, to a job in the Career Site or by applying via other means, such as sending his/her information to an employer directly, through the Service, the Jobseekers, of his/her own free will, acknowledge and agree to disclose his/her Jobseeker data to ScoutOut and consent ScoutOut to disclose such data and Content to that employer, including his/her personal data, resume, profile information and application forms; and, without limitation, whether the data is entered manually or obtained from his/her ScoutOut Account.
Within the Service, ScoutOut may collect and analyse Jobseekers’ usage data to improve the user experience of the Service and provide a better Service to our Jobseekers, in accordance with our Privacy Policy.

ScoutOut is in the practice of charging Employers fees for their use of the Service to post job ads, employer ads, access our Database, and to access, store and manage their candidates and/or applications through our websites, mobile applications or any other ScoutOut products for the sole purpose of recruitment, as stated in this Terms of Service. Jobseekers acknowledge and agree that Jobseekers have no rights or claim to any such fee received by ScoutOut. Furthermore, Jobseekers agree that his/her Jobseeker data including, but not limited to, his/her personal data, resume, profile information and application forms may be accessed by Employers with a ScoutOut Account, where such access is granted for the sole purpose of recruitment.

ScoutOut will not disclose individual Jobseeker data to anyone without its owner’s express consent, except in such cases where such disclosure is required by law or by orders of the authorized agencies, in accordance with our Privacy Policy in the “Disclosure or Transfer of Data” Section.
ScoutOut also provide other channels to connect Jobseekers with new career prospects, by providing Jobseeker searching services to Employers, Jobseekers may agree and consent to allow ScoutOut to disclose some Jobseeker profile information (without any personal identifiable information or contact information) to Employers through such services for the sole purpose of recruitment.
Jobseekers agree to allow ScoutOut and ScoutOut Group to use his/her Jobseeker data (without any personal identifiable information or contact information) for marketing purposes with Employers, their agents or their employees; where such marketing activities may take place within the Service or on other platforms including, but not limited to, Google, Facebook, Twitter or other ad networks.
Some fields or groups of fields, where Jobseekers write, create, submit, edit or post on the Service, may be public data, by default or by the privacy settings. When public data is submitted and is confirmed by the User as public, the Jobseeker expressly accepts that such action is taken completely at his/her own risk; and consent ScoutOut to disclose and display such data, information or Content in the public domain, as public information. Such data shall remain in the public domain of the Service until it is deleted from the Service or, if possible, its privacy setting has been changed.
Any data, information or Content, where Jobseekers write, create, submit, edit or post on the Service, the Jobseeker agrees to be bound by this Terms of Service, as stated in the “Rights To Scoutout Content”,  “Rights To Your Content” and “Enforcement By Scoutout” Sections.

ScoutOut undertakes numerous security measures to help safeguard Jobseekers’ personal data by restricting the access to our Database, as appropriate, for Employers, other Users and ScoutOut employees, still ScoutOut cannot promise or guarantee, and you should not expect, that unauthorized persons will not be able to access our Database. In any case where any parties can access our Database, ScoutOut cannot guarantee and will not take any responsibility for:

  1. any use or data privacy in the operations of Employers or other Users,
  2. any storage, use or data privacy in cases where Employers or other Users decide to make copies of Jobseekers data from the Service,
  3. any breach of this Terms of Service, including, but not limited to, the use of Jobseekers data for purposes other than recruitment, whether by Employers or other Users, within Thailand or elsewhere. 

Jobseekers acknowledge and agree that any disclosure of Jobseeker data including, but not limited to, his/her personal data, resume, profile information and application forms, to Employers or other Users, on the Service is taken completely at their own risk.

4.2 Services for Employers

Employers agree and accept that their use of the Service is granted for the sole purpose of recruitment. Employers may elect to use either JobNOW or ScoutConnect service, but not both. Employers are encouraged to review both our Terms of Service and Usage Policies for JobNOW, ScoutConnect or any other products before using the Service. Employers may request Usage Policies for a particular service or product at sales@scoutout.net
To use the Service, Employers, their agent or their employees must first create a ScoutOut Account and an Employer Account in either JobNOW or ScoutConnect service.  In any case and when required, where Employers, their agents or their employees write, create, submit, edit or post their data or Content on the Service, the Employers, their agents or their employees agree and consent to disclose accurate, truthful and complete data including, but not limited to, Employer data; And the Employers agree to allow ScoutOut to access, store, use, and process the data and Content Employers, their agent or their employees provided to the Service, in our Database, in accordance with our Privacy Policy.
Within the Service, ScoutOut may collect and analyse Employers, their agents or their employees usage data to improve the user experience of the Service and provide a better Service to the Employers, in accordance with our Privacy Policy.
Any data, information or Content, where Employers, their agents or their employees write, create, submit, edit or post on the Service, the Employer agrees to be bound by this Terms of Service, as stated in the “Rights To Scoutout Content”,  “Rights To Your Content”  and “Enforcement By Scoutout” Sections.

JobNOW service

Employers are allowed to post job ads, employer ads and the employer page to promote their company or jobs on the JobNOW service; the exact service allowance, including, but not limited to, ads duration and the number of ads are subjected to the service Usage Policies issued at the receipt of the service fee or the acceptance of the promotional offer for a free trial.
Additionally, Employers are permitted to access our JobNOW Database to view Jobseekers that have:

  1. applied to the employer’s own job ads, 
  2. applied to the employer through other channels provided by the Service, or
  3. allowed employers to search and view part of their profile;

which are subjected to ScoutOut’s Terms of Service and its subsequent changes. Furthermore, Employers agree that they shall only use the above obtained data for the sole purpose of recruitment and that the above obtained data shall not be disclosed to third parties without a direct consent from each individual Jobseeker.

ScoutConnect service

Employers are allowed to create a webpage to promote their company branding and/or their own or their customers jobs, manage their candidates, and post job and/or employer ads on the ScoutConnect service; the exact service allowance, including, but not limited to, ads duration and the number of ads are subjected to the service Usage Policies issued at the receipt of the service fee or the acceptance of the promotional offer for a free trial.
Additionally, Employers are permitted to access our JobNOW Database to view:

  1. Jobseekers that have applied to the employer’s own job ads, 
  2. Jobseekers that have applied to the employer through other channels provided by the Service,
  3. Jobseekers that have allowed employers to search and view part of their profile, or
  4. any employee or applicant profile that Employers have uploaded into the Service in their Account;

which are subjected to ScoutOut’s Terms of Service and its subsequent changes. Furthermore, Employers agree that they shall only use the above obtained data for the sole purpose of recruitment and that the above obtained data shall not be disclosed to third parties without a direct consent from each individual Jobseeker.
Employers may migrate to use the ScoutConnect service from their existing JobNOW Employer account. In this migration process, your data will also be migrated from JobNOW to ScoutConnect service; the data may be completely, partially or not migrated, subjected to the Usage Policies at the time of the migration. However, such migration is non-reversible and the Employer will no longer be able to access JobNOW service. Employers may request Usage Policies for a particular service or product at sales@scoutout.net 

In our Service, both JobNOW and ScoutConnect, ScoutOut may introduce, suggest or recommend services provided by third parties (“third party service providers”) to Employers, to support ScoutOut’s Services and/or to provide additional services outside of our Service. Such services are introduced for the Employer’s benefit and convenience in their recruitment activities. The service fees of such third party service providers may be included or separate from ScoutOut’s quotation, invoice or receipt. ScoutOut has selection criteria in place to ensure the quality of our third party service providers, however Employers agree and accept that ScoutOut cannot guarantee and will not be liable for any error, omission, inadequacies, delay in operation, unauthorized access or alteration of any communication with other users, by third party service providers, or any disputes that may arise from the services of third party service providers.

Employers agree and allow ScoutOut and ScoutOut Group to perform marketing activities to promote Employers’ brand, companies or their job ads; whereby allowing ScoutOut to use their trademarks, logos and service marks (“Marks”) displayed or used in the Employers’ ScoutOut Account solely for this marketing activities; where such marketing activities may take place within the Service or on other platforms including, but not limited to, Google, Facebook, Twitter or other ad networks. 

ScoutOut reserves the right to change the service fees or other expenses from time to time. In the event that Employers miss or fail to pay the service fees or other expenses, ScoutOut reserves the right, at ScoutOut’s sole discretion, to suspend, cancel or revoke the Employers’ ads, Content, the right to access the Database, the right to manage applicants and/or the Employers’ page to promote their company or jobs. 

ScoutOut undertakes numerous security measures to help safeguard Employers’ personal data by restricting the access to our Database, as appropriate, for Jobseekers, other Users and ScoutOut employees, still ScoutOut cannot promise or guarantee, and you should not expect, that unauthorized persons will not be able to  access our Database. In any case where any parties can access our Database, ScoutOut cannot guarantee and will not take any responsibility for:

  1. any use or data privacy in the operations of other Users,
  2. any storage, use or data privacy in cases where other Users decide to make copies of Employers data from the Service,
  3. any breach of this Terms of Service by other Users, within Thailand or elsewhere. 

Employers, their agents and/or their employees acknowledge and agree that any disclosure of data including, but not limited to, personal data, job descriptions, applicant data, profile information and application forms and other Content, to other Users, on the Service is taken completely at their own risk.

5. Service and Data Security

Users acknowledge and agree not to conduct any activities that, can lead to or for the purposes, of breaching the security and integrity of the Service and/or violating the rights of other Users to use the Service, whether intentional or accidental; which includes, but not limited to, service stability tests, access to Database, data, Content, accounts, communications, networks, hardware and/or software, that is not owned by You, an unauthorized access, and/or without the express consent from ScoutOut. Users agree that any violation of the above clause may result in civil and/or criminal prosecutions.   

ScoutOut takes Your data privacy very seriously, whether You are a Jobseeker, Employer, or other User. We have implemented measures to comply with and will continue to comply with various laws and regulations, related to data protection. ScoutOut will continue to review and improve the service and data security in order to maintain your data privacy. Still, Users should avoid unnecessary disclosure, posting and/or transmission of personal or sensitive data to other Users. Therefore, all Users understand and agree that they will not disclose or use any personal or sensitive information of other Users, obtained through the Service, for any other purpose, except for job seeking and recruitment, and will take the appropriate standard of care to store such data.

6. 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. And ScoutOut does not permit Users to copy, reproduce, modify, distribute or publicly display ScoutOut’s Content on Your website without our express consent.

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: 

  1. reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on Scout Out or the Content especially personal data or intellectual properties (excluding Your Content); 
  2. modify, edit or delete  other Users’ Content or ads on ScoutOut; or 
  3. 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.

7. 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.

  1. 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:
    1. to the extent You shared it with others as part of the Service and they copied or stored it, 
    2. 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
    3. to comply with applicable laws & regulations.
  2. We will not include Your Content in advertisements for the products and services of others (including sponsored Content or ads) to others without Your separate consent. However, we have the rights, without compensation to You or others, to serve ads near:
    1. Your Content, or 
    2. Your comments on sponsored content

as noted in the Privacy Policy.

  1. 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.
  2. 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.
  3. 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.

You agree that we may access, store and use any Content that You provide in accordance with the terms of the Privacy Policy and Your privacy settings. 

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 it does not violate the law nor anyone’s rights (e.g., in violation of intellectual property rights, comments that can be libelous, inflammatory or cause unrest,  or in breach of 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.

8. 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:

  1. Of businesses in the following category, including without limitation: agency, broker, insurance sales, direct sales, membership businesses, MLM, Face-to-face marketing  or similar,
  2. 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: 

  1. removing Content (modifying it); 
  2. suspending Your rights to use the Service; 
  3. terminating Your membership and account;
  4. reporting You to law enforcement, regulatory authorities, or administrative bodies; and
  5. taking legal action against You. 

9. 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, 

  1. any warranties or conditions of merchantability, 
  2. fitness for a particular purpose,
  3. service availability, interruption, timeliness, security, or error-free basis, and/or
  4. 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: 

  1. any interactions with other Visitors and Members of Scout Out or third parties; and/or
  2. 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: 

  1. Your use of any Service, or 
  2. from any Content, or
  3. other materials contained within or otherwise made available to You through our Service,

 including but not limited to,  

  1. lost profit, loss of data, loss of use, goodwill or reputation, personal injury, pain and suffering, emotional distress, or 
  2. other intangible losses, or
  3. 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.

10. Links to Third Party Websites 

Our Service may contain links to third-party websites placed by:

  1. ScoutOut as a service to those interested in this information, 
  2. other Members,
  3. other Users, or 
  4. 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.

11. Indemnity

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:

  1. Your use of Scout Out or any Services or access by others to Your account or any other act or omission, 
  2. Your breach of these Terms of Service, and/or 
  3. Your violation of any law or the rights of  third parties.

12. Termination

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:

  1. You may request to delete Your own account at any time, 
  2. 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.

13. Translation, Legal Jurisdiction and  Dispute Resolution

In the event that ScoutOut provides a translation of this Terms of Service (“Translation”) from this Terms of Service in the English language (“English Version”), Users understand, agree and allow ScoutOut to use the “English Version” in the enforcement of this Terms of Service. And in the event that there is a conflict between the “English Version” and the “Translation”,  You agree that the “English Version” shall take precedent.

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.

14. Miscellaneous

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.

15. 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 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-en/, 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.

16. Contact Us 

If You have any questions regarding this Privacy Policy, You may contact us using the information below

Scout Out Recruitment Limited
Attention: Scout Out Team
No. 597/5, 2nd Floor, Room No. 204
Sukhumvit Road, Klongton Neu
Wattana, Bangkok 10110
Thailand

Telephone: 02-038-2639
E-mail: team@scoutout.net