1.ACCEPTANCE OF TERMS OF USE

1.1 Welcome to the 101kerja.com Platform (“Platform”).

1.2 Please read these Terms of Use carefully so that you are aware of your legal rights and obligations with respect to Innovate Digital Services Sdn Bhd (1480170-W) (“Company”, “we”, “our”, or “us”), a company incorporated under the laws of Malaysia with a business address at [client to insert].

1.3 By accessing or using the Platform, you acknowledge that you are at least 18 years old, have the legal capacity to accept these Terms of Use, agree to use the Platform in accordance with all applicable laws and regulations, and consent to be bound by these Terms of Use.

1.4 If you do not agree to these Terms of Use, please refrain from accessing and/or using the Platform and its Services.

1.5 We reserve the right to upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any of its services without prior notice. The Company shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Platform.

2. REGISTRATION OF ACCOUNT, PASSWORD AND SECURITY

2.1 When you register for an account, you will be required to create a password.

2.2 To protect against fraud, it is essential that you keep your password confidential and do not share it with anyone.

2.3 If we believe there is a potential security breach or misuse of the Platform, we may request that you change your password or we reserve the right to suspend your account.

2.4 Please note that we are not responsible for any loss or damage you incur as a result of unauthorized use or misuse of your password.

2.5 You will be responsible for any losses or damages incurred and will fully indemnify us for any loss or damages suffered by us as a result of your loss of password or misuse of the Platform.

2.6 By registering with the Platform, you agree to be bound by these Terms of Use, the terms of the respective Services, and our Privacy Policy [insert hyperlink] from the date you sign up to use the Platform.

2.7 These Terms of Use shall remain in full force until your account or the Platform is terminated, unless otherwise stated.

2.8 We reserve the right to terminate and/or suspend your account if you violate any of these Terms of Use.

3.USER CONTENT GUIDELINES

3.1 You acknowledge and agree to adhere to all these Terms of Use and accept full responsibility for the content you post on the Platform.

3.2 You are prohibited from making any unauthorized claims regarding the Company’s Services.

3.3 You must refrain from posting unlawful, harassing, abusive, defamatory, threatening, harmful, vulgar, misleading, or trade libellous content.

3.4 You are required to comply with all applicable laws and regulations, and to respect the rights of third parties, including intellectual property and privacy rights.

3.5 You must not send harmful, insulting, or damaging messages to the Company.

3.6 The promotion of hate speech or content that targets individuals or groups based on race, ethnicity, religion, disability, gender, age, veteran status, or sexual orientation is strictly prohibited.

3.7 The posting of pornographic or sexually explicit content is strictly prohibited.

3.8 Content containing offensive references, including but not limited to animal abuse, drug abuse, underage drinking and smoking, or the promotion of illegal activities, such as bomb-making, is not permitted.

3.9 We reserve the right to remove or modify User Content that violates these guidelines or harms the Platform, at our discretion.

4.USER RESPONSIBILITES

4.1 As Candidate, you must provide accurate and complete information during the registration process and keep their profiles up to date. You are responsible for your action and conduct on the Platform.

4.2 Please note that we are not responsible for ensuring compliance with personal income tax obligations. You are solely responsible for managing and paying your personal income tax.

4.3 Additionally, as a user of the Platform, you are prohibited from engaging in or attempting any activity that compromises the security of the Platform, including, but not limited to:

(i) Accessing data that is not intended for the user or logging into a server or account the user is not authorized to access;

(ii) Attempting to probe, scan, or test the security of a system or network, or attempting to bypass security or authentication measures without proper authorization;

(iii) Attempting to disrupt the service for any user, host, or network, including but not limited to submitting viruses, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the website;

(iv) Sending unsolicited emails, such as promotions or advertisements for products or services;

(v) Forging any part of the header information in any TCP/IP packet, email, or newsgroup post.

4.4 Any violation of system or network security may result in civil or criminal liability. We will investigate any such incidents and may work with law enforcement authorities to prosecute users involved in these violations.

5.INTELLECTUAL PROPERTY RIGHTS

5.1 No content on the Platform (including but not limited to digital designs, graphics, materials, products, and creative description of products and services) may be copied, reproduces, republished, uploaded, posted, transmitted, distributed, used for commercial purposes with the objective of your personal gain unless written permission is expressly granted by us.

5.2 All intellectual property rights, whether registered or unregistered, on the Platform, information content on the Platform and all the design, including but not limited to, designs, graphics, materials, products and creative descriptions of products and services, software (collectively referred to as “Intellectual Property”) shall remain the Company’s property or where applicable, our affiliates or third-party intellectual property owners. The entirety of the contents of the Platform is protected by copyright as a collective work under Malaysian copyright laws. All rights are strictly reserved.

6.CONFIDENTIALITY

6.1 You acknowledge and agree that all data, information and content provided to the Company, whether accessed via the Platform, app, or any other devices, shall be deemed Private and Confidential.

6.2 Both parties (You and We) acknowledge that a breach of this clause may result in irreparable harm, for which monetary damages may not be an adequate remedy. The party who confidential information is disclosed in breach of this clause may seek injunctive relief or specific performance, in addition to any other legal remedies available.

6.3 The Company and Employer (“Receiving Party”) agree to keep all confidential information (including, but not limited to, candidate resumes, employer job postings, and any communication between Candidate and Employer) strictly confidential and will not disclose such information to any third party without the prior written consent of the disclosing party.

6.4 The Receiving Party will take all appropriate precautions to ensure that the confidential information is kept private and is not shared or used for purposes other than those for which it was originally intended.

6.5 Despite the aforementioned, if mandated by law or a court order, the receiving party may divulge confidential information as long as they promptly notify the disclosing party.

7.PRIVACY AND DATA PROTECTION

7.1 We respect privacy and strive to protect your personal data. We are subject to Personal Data Protection Act 2010 (PDPA) and process personal data in compliance with it and any other applicable data protection laws.

7.2 Our Platform users are ‘data subjects’ and have data subject rights under the PDPA. We act as a processor or controller depending on the Services We provide.

7.3 The Platform may collect, process, and store personal and Company data. The Use of data is governed by the Privacy Policy [insert link].

8.LIMITATION OF LIABILITIES

8.1 While we will make the Platform and its information and services available, and will do so with the Company’s best endeavours to ensure accuracy and security, we do not guarantee the following:

8.1.1 The security, availability, accessibility, timeliness, and uninterrupted use of the Platform;

8.1.2 The actions of other Users on this or other Platforms; and

8.1.3 we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.

8.2 We are not be liable for any incidental, special, punitive, or consequential damages (including, but not limited to damages for lost of profits, revenue, sales, goodwill, business interruption and loss of business opportunity) that you may suffer from using the Platform or from the modification, suspension or discontinuance of the service of the Platform.

8.3 The Platform may contain hypertext links to websites created and maintained by other organizations. We are not responsible for the contents of those websites. We shall not be liable for any loss or damage that you may suffer from using these websites or their content.

8.4 Any risk of misunderstanding, error, damages, expense or losses resulting from the use of the Platform is entirely at your own risk and for which we shall not be liable.

9.COMPANY’S LIABILITY

9.1 We shall not be held liable for any delay or failure to perform our obligations under these Terms of Use due to circumstances beyond its reasonable control, including, but not limited to, acts of God, natural disasters, epidemic, pandemic, governmental actions, labour disputes, or technical failures.

9.2 There may be typographical or factual errors on the Platform. We do not guarantee that the Platform is accurate, reliable, complete, or timely. Use of the Platform is at your own risk.

9.3 It is advisable to keep a backup copy of any content you create. We will not be responsible for any loss, change, or deletion of your User Content.

10.INDEMNITY

10.1 In the even that you are accused of violating any of these Terms of Use, User Content or your use of the Platform or your use of the services provided, you agree to indemnify, defend, and hold harmless the Company and each of its respective partners, clients, suppliers, licensors, officers, employee’s representatives, contractors, and agents from any and all claims (including but not limited to claims for defamation, privacy, and intellectual property infringement) and damages (including legal fees and court costs).

10.2 We reserve the right, at your expense, to take exclusive responsibility for the defence and management of any situation for which you must pay us compensation, and you consent to assist us in defending these claims.

11.REPRESENTATIONS AND WARRANTY

11.1 You are responsible for ensuring that your user content complies with all applicable laws and regulations.

11.2 The Platform’s content is provided on an “as is” basis without any warranties of any kind.

11.3 You shall hold the Company harmless against any claim or cause of action or dispute against the Company related to your act, interaction, the content you posted on the Platform, or the services you purchased from the Platform, as the case may be.

11.4 To the fullest extent permitted by law, we disclaim all express and implied warranties, promises and representations, including implied warranties of non-infringement, merchantability, and fitness for a particular purpose.

12.CONSEQUENCES (OF ANY VIOLATION TO THESE TERMS)

12.1 If any party violates any significant provision of this agreement, the non-breaching party will give the breaching party written notice outlining the specifics of the breach. After receiving this notice, the breaching party has thirty (30) days to make good on the violation to the non-breaching party. The non-breaching party may terminate this agreement and pursue all available remedies, including but not limited to monetary damages, specific performance, and injunctive relief, if the breach is not remedied within this time frame.

12.2 Notwithstanding the above, we may suspend, disable, or delete your account and block access to our services or the Platform, if you violate any of these Terms of Use or harm our reputation. If we delete your account for these reasons, you cannot re-register for our services.

13.TERMINATION

13.1 These Terms of Use will remain in full force and effect while you are a user of the Platform, and all confidential information and/or intellectual property rights shall survive even after the termination of your account or the termination of the Platform.

13.2 We may terminate your access or registration at our sole discretion if you breach any of these Terms of Use or if we are unable to verify or authenticate any information you submit to the Platform.

14.SEVERABILITY

14.1 If any part of these Terms of Use is found to be invalid or unenforceable, the remainder of the Terms of Use will remain in full force and effect.

15.GOVERNING LAW

15.1 These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia.

15.CHANGES TO TERMS OF USE

15.1 We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice.

15.2 If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the new effective date. Your continued use of the Site or Services after any such changes constitutes your acceptance of the revised Terms of Use.

15.3 If you do not agree to abide by these Terms of Use or any future revised Terms of Use, you may opt out of the Platform at any time by deleting your account. It is your responsibility to regularly review these Terms of Use.

16.CONTACT INFORMATION

16.1 All communications with us regarding the services of the Platform should be e-mailed to: [client to insert].

17.WAIVER

17.1 The failure of either party to require performance by the other party of any provision of these Terms of Use shall not affect in any way the first party’s right to require such performance at any time thereafter.

17.2 Any waiver by either party of a breach of any provision in these Terms of Use shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

18.ENTIRE AGREEMENT

18.1 These Terms of Use, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and the platform and govern your use of the Platform and Services, superseding any prior agreements that you may have with us.

18.2 The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

18.3 The word ‘including’ means including without limitation.

18.4 These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms of Use shall be bound upon assignees.

Updated as of 05.02.2025