1. These terms
- By using our Platform whether through our website or through our app, you agree to these terms regardless of whether you are registered or non registered user, paying user or non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
- This is a legally binding agreement, so make sure you understand it.
2. About us and how to contact us
- The JollyHelper platform is provided by JollyHelper Limited, a limited company registered in the Hong Kong S.A.R., trading as JollyHelper, with company registration number of 69687186 (“JollyHelper” / “we” / “us” / “our”).
- JollyHelper platform is an online platform that matches employers, ethical agencies and domestic helpers. JollyHelper provides employers access to contact details of applicants who are looking for employment as domestic helpers in Hong Kong. Our services and products are designed to facilitate the entire recruitment process in the hiring of a domestic helper.
- For any questions or problems relating to our Platform, our products or services, or these terms, you can contact us by emailing us at email@example.com.
- As part of providing the Platform, we may need to provide you with certain communications, such as service announcements and administrative messages. If you wish to opt out from receiving such communications, which may affect your use of our Platform, please contact our customer service team at firstname.lastname@example.org.
- If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
- When we use the words "writing" or "written" in these terms, this includes emails and or other forms of electronic communication means.
3. Changes of Terms
These Terms are subject to amendments from time to time without notice. By continuing to use our Platform and our services after any amendments to the Terms, you agree to be bound by the revised Terms.
4. Availability of our services
- We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. Any changes we make including but not limited to those aforementioned are NOT subject to any notice.
- We try our best to ensure that our Platform is always available, but you acknowledge and understand that we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for a wide variety of reasons including but not limited to maintenance, repairs, upgrades, network or equipment failures.
- You are responsible for configuring your own information technology hardware, mobile phone, computer, computer programs, software systems, web browsers, platform and or any other forms of hardware or software in order to access our Platform.
- You understand that we do not warrant or guarantee that our Platform will be free from bugs or viruses.
5. Your account and password
- In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You agree to keep your username and password secure and confidential at all times.
- Furthermore you agree to take reasonable steps to prevent others from obtaining your login name and password, and to inform us immediately if you know or suspect that your login name and password has been compromised and or is misused by someone else.
- JollyHelper is not liable of any loss of personal information or any consequential damages as a result of your failure to keep your username and password confidential.
- You agree that you are responsible for all actions or activities conducted through your account including but not limited to any fees incurred as a result of such actions or activities done through your account whether such actions or activities are authorized or unauthorized by yourself until such time that you have notified us of any unauthorized misuse of your account.
- You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
- We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.
- You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.
6. Use of the platform
- JollyHelper offers three types of accounts for its registered users; ‘Employer’, ‘Helper’ and ‘Agency’ accounts. An ‘Employer’ account (“Employer”) enables eligible individuals to use our Platform to find a domestic helper. A ‘Helper’ account (“Helper”) enables eligible job-seekers to use our Platform to seek for employment. An ‘Agency’ account (“Agency” / “Agencies”) enables employment agencies to use our Platform to create job posts, upload profiles of domestic helpers and connecting with both potential employers and domestic helpers.
- All users must comply with this Terms, the Acceptable Use Policy and all applicable laws and regulatory requirements, including but not limited to employment laws, privacy laws and intellectual property laws in using or accessing the Platform.
- Subject to your payment of applicable fees, we give you a personal, worldwide, royalty-free, non-assignable, non-transferable, non-sub licensable, non-exclusive and revocable license to access and use our Platform, including any software or application as part of the services we offer. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
- You must not use our platform to send any unsolicited communication, including but not limited to communication offering any goods and services unless expressly authorized by JollyHelper.
- You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it and you agree that JollyHelper reserves full legal rights to claim any direct or consequential loss as a result of this breach.
- You agree not to use our platform in any way that could cause a real risk of harm or loss to us, other users, or the public including but not limited to Distributed Denial of Services (“DDOS”) attacks, sending messages containing virus or malware to other users, phishing, and or any other types of cyber attacks. We will reserve full legal rights to claim any direct or consequential loss as a result of your breach.
- You can only have one account and you are not allowed to register with multiple accounts. We take this as a serious breach and reserve all rights to take any remedial action if we discover that you have more than one account.
- You agree that you must not disclose or publish any information that you do not have the right to disclose or are not authorized to disclose including but not limited to pictures and photographs of third parties that have not consented to such disclosure or publication. You are solely liable for any disclosure or publication, we expressly disclaim any liability and responsibility and reserve the right to take all legal action against you for any loss or consequential loss as a result of your disclosure or publication.
- Furthermore you agree that you must not publish, upload or disclose any images which would be considered obscene, offensive, or abusive; any material which you know or reasonably believe to be false, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, harassing, or otherwise any material that will violate any laws. We reserve the right to delete the aforementioned content without notice or warning to you.
- If your image or content is deleted or rejected by us subject to clause 6.8 or 6.9, you can contact us to provide us with a alternative unless we have suspended or terminated your account. You understand and accept that until you supply an image or content that is accepted, your profile will not be shown on our platform.
- Helpers understand and agree that you must be of minimum working age in the country where you are looking for a job, and of minimum age for hiring in the country where you currently reside, before using our Platform.
- Employers understand and agree that you must follow the laws and regulations in your country of residence and or the country whereby the Helpers will be employed when using our platform.
- For the avoidance of doubt, Employers agree and understand that you are solely responsible for understanding the laws and regulations as mentioned in 6.7 and in case of any doubt you must obtain legal advice by yourself. Furthermore any information provided by JollyHelper and or other users whether formally or informally communicated is not intended as legal advice.
- Employers understand and agree that they must only sign up for one account and each account is entitled to only one job post on our platform.
- If you are an employment agency you must register as an Agency and not as an Employer or Helper. We take this as a serious breach and will reserve all legal rights to recover any losses whether direct or consequential.
- Agencies further agree to be bound by the duties and obligations from the Partnership Agreement, separately executed with JollyHelper Limited, and to employ best efforts to provide ethical and professional service to other users on the platform.
7. Your rights
- For the avoidance of doubt Your Content which is uploaded onto our platform will be considered non confidential in nature.
- You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
- You warrant that Your Content is not and will not infringe any rights, including but not limited to intellectual rights and or privacy rights, of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.
- If you believe your intellectual property rights have been infringed, please contact us by email@example.com.
8. Our rights
If you do not comply with the Terms, we reserve the right to:
- terminate your license to use our Platform immediately without any notice, at our full discretion;
- temporarily or permanently suspending your account;
- limit your use of our platform including without limitation to removing privileges from your account and or adding functional restrictions to your account;
- remove or delete any content that you have uploaded onto our Platform;
- blacklisting your account;
- take legal action to recover for damages and or specific performance;
- any other measures that we deem reasonable to protect our measures.
Furthermore we may limit, suspend or terminate your account, limit, suspend or terminate access to our Platform entirely and or any functions or services within our Platform, if we reasonably believe:
- you have failed to settle any payments after reasonable notice and time has been given;
- you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
- you are spamming;
- you are using the Platform in a manner which has or may cause economic loss to us whether immediately quantifiable or not.
- we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
- our provision of the Platform to you is no longer possible or commercially viable.
In any of the above cases, we reserve the right to suspend or terminate your account without providing any notice to you.
- If we limit, suspend or terminate your access or use of the account, you may write to us to request us to lift any restrictions imposed, but you understand that this will be dealt by us on a case by case basis with no guaranteed outcome.
- We retain the right to publish, display, prioritize or hide, in any manner, any information, content, profile, postings of any of our users, at our full discretion without the duty to provide any explanation.
- All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.
- We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties.
- The views expressed by any users on our Platform do NOT represent our views and we do not endorse or support any views expressed by any users. Furthermore you understand that by using our Platform, you may be exposed to materials or content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive
- We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
- You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
10. Limitation on liabilities
Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.
To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
- we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;
- we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
- we do our best to ensure that our users find the best matches possible but we do not guarantee that any user can find a match;
- we do not guarantee that any information or content you find on the Platform is always accurate, truthful, complete and up-to-date;
- we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
- we are not responsible for any delay or disruption in our Platform or any defect, viruses, malware bugs or errors; and
- we are not responsible for the conduct of or any content or information submitted, posted or sent by any user of the Platform, whether online or offline, whether malicious or not in nature.
- If you use a third party service provider in connection with our platform, such as but not limited to a payment service provider, we will not be held responsible for losses arising as a result of such use.
- you agree that we will not be held responsible for any loss of your personal information as a result of any adverse events, including but not limited to malicious cyber attacks, theft of our property, whether directly as a result of our acts or omissions or any acts or omissions of our service providers.
- we encourage all our users to take the necessary precautions to protect themselves when engaging with other users (for e.g. instant messaging, phone calls and or physical meetings) on the platform and we expressly disclaim any liability from losses resulting from such engagements.
- For the avoidance of doubt we give no assurance, representation or warranty to any of our users for the accuracy of information provided by Helpers including but not limited to information such as, age, marital status, education background, work experience, professed skills, and any other information uploaded to our Platform or directly to our users. Furthermore we do not and or will not assume any liability for any conduct and or omissions by the Helpers before, during or after termination of employment.
- You understand notwithstanding that JollyHelper will employ best efforts to engage Agencies that meet the highest standard of conduct, for the avoidance of doubt, we give no assurance, representation or warranty to any of our users for the accuracy of information provided by the Agencies whether provided through our platform or directly to our users, their level of service and or standard of conduct.
- Furthermore we expressly disclaim any liability arising from any actions or omissions by the Agencies whether legal or illegal.
- Notwithstanding that JollyHelper will verify that an Agency possesses the valid Employment License in their jurisdiction of operation through our on boarding process, we expressly disclaim any liability should the license be invalid as a result of misrepresentation, expiration or subsequent revocation.
- We give no assurance, representation or warranty to any of our users for the accuracy of information provided by an Employer whether through our platform or directly to our users.
- Furthermore we expressly disclaim any liability arising from any actions or omissions by Employers, whether before, during or after an employment.
To the fullest extent permitted by law, Our Entities are not liable to you or others for:
- any indirect, incidental, special, exemplary, consequential or punitive damages; or
- any loss of data, business, opportunities, reputation, profits or revenues,
relating to the use of our Platform or any products or services we offer.
- We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
- If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
- Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.
11. No Partnership or Agency
- You acknowledge and agree that nothing in this Terms is intended to, or shall be deemed to, establish any partnership or joint venture between JollyHelper and you unless otherwise agreed by us.
- You acknowledge and agree that nothing in this Terms constitute you as the agent or representative of JollyHelper, or authorize you to make or enter into any commitments for or on behalf of JollyHelper.
12. Your representation
- You represent to us that you will use our Platform honestly for the purposes that the platform was created as per section 2. You will not impersonate another person or create a false identity.
- Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.
- If you are an Agency, you expressly represent to us that you have a valid Employment Agency license in the jurisdiction you are operating and that you will notify us immediately should your license cease to be valid.
- You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these Terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
- You also agree to fully co-operate with us in the defense or settlement of any claim in relation to or arising out of our Platform or these terms.
- These terms will continue to apply until terminated by either you or us as follows.
- You may terminate your account by sending us a written notice expressing your intention to terminate via email to firstname.lastname@example.org.
- We may limit, suspend or terminate your account as per clauses found in Section 8 of this Term.
- You understand and agree that our right to suspend or terminate your account is not prejudiced by any payment already made by you. If you have made a payment, we will endeavor to refund the balance from any payment after taking into account of services already rendered and any other costs or losses incurred as a result of your breach.
- You understand and agree that upon termination of your account either by us or by yourself, we will retain all your account information and data for a period of 12 months following termination in accordance with Section 56 of the Employment Ordinance Law.
- Our remedial rights at law or equity as a result of your breach whether through damages or specific performance will not be prejudiced by any termination event.
- Where we consider necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
15. Force Majeure
“Force Majeure Event” means any circumstance not within a party's reasonable control including, without limitation:
- terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
- nuclear, chemical or biological contamination;
- acts of God, flood, drought, earthquake or other natural disaster;
- any Distributed Denial of Service (“DDOS”) attack or any other cyber attacks;
- any kinds epidemic or pandemic;
- any law or any action taken by a government or public authority, including without limitation imposing any change or amendments to labour laws, imposing new regulatory restrictions, export or import restriction, quota or prohibition; and
- collapse of buildings, fire, explosion or accident.
Provided it has complied with clause 14.4, if a party is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event (“Affected Party”), the Affected Party shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
The corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Party.
The Affected Party shall:
- as soon as reasonably practicable after the start of the Force Majeure Event, but no later than 5 days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and
- use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
If the Force Majeure Event prevents, hinders or delays the Affected Party's performance of its obligations for a continuous period of more than 4 weeks, the party not affected by the Force Majeure Event may terminate this agreement by giving 2 weeks written notice to the Affected Party.
If the Force Majeure Event prevails for a continuous period of more than 2 months, either party may terminate this agreement by giving 7 days' written notice to all the other party. On the expiry of this notice period, this agreement will terminate. Such termination shall be without prejudice to the rights of the parties in respect of any breach of this agreement occurring prior to such termination.
16. Entire agreement
- These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.
- You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
17. Other important terms
- JollyHelper does not endorse any individual Helper or Employer and recommends that all users engage in their respective due diligence before entering into an employment agreement.
- Any discount or promotional offers that is advertised on our Platform is subject to revocation or change without notice unless already contractually binding upon us.
- We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products not provided.
- You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
If you have any questions about these terms or the Acceptable Use Policy, please contact us by email@example.com
19. Governing law and jurisdiction
- These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
- The courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.