Terms Of Use

Last updated

02 February 2024

Welcome and thank you for using PASAJOB, a referral-based job platform designed to reward individuals (the "Referrers") who wish to help their friends who may be qualified candidates (the "Job Seekers") to job vacancies/openings by referring them to job posts/advertisements posted by hiring employers (the "Hiring Employers").

Please take the time to carefully read these terms and conditions which are legally binding on you (the "User" or "You") and shall govern your use and/or continued access to PASAJOB (the "Service/s"), which is a technology owned/powered by PASAJOB INC. ("PASAJOB") and operated by its licensee herein, WESEARCH @ SEARCHERS & STAFFERS CORP. ("WESEARCH").

Preliminary

1. As a User, you unconditionally agree to be bound by these Terms of Use (the "Terms"), including but not limited to, PASAJOB policies, systems, procedures, and any other subsequent issuances, all of which form part and are made integral to the Terms.
2. Your use and/or continued use of the services constitutes your clear, express, and unconditional consent to be bound by the Terms. If you do not agree to the Terms, you are required to discontinue using the Services; otherwise, you are deemed to have given your consent as earlier described.
3. You have the responsibility to regularly review the Terms. We reserve the right to revise and/or amend the Terms at any time without prior notice. The revision or amendment are immediately effective once they are posted on the Service or at https://www.PASAJOB.com. Your continued use and/or access of the Service after revisions or amendments, whether read and/or reviewed by you, constitutes your unconditional consent to be bound by the changes.

Definition of Terms

1. "Employers" or "Hiring Employers" – refer to duly registered organizations or businesses aiming to hire employees through the Service.
2. "Employer's Agents" – refer to the Employers' officers, managers, employees, representatives, and similar therewith who have been given or allowed access to the Employer's User Account.
3. "Job Seekers" – refer to qualified candidates applying for employment through the Service.
4. "Party" or "Parties" – refer to the person, including us and the users, who are the contracting parties to the Terms.
5. "Personal Data" – refers to all types of personal information as defined under Data Privacy Laws and Regulations, including personal information and sensitive personal information.
6. "Platform" or "Service" – refers to the collective designation of the PASAJOB platform and services.
7. "Platform Policies" or "Policies" – refer to all current and future policies, such as the Privacy Policy, Code of Conduct for Users, and separate/individual policies that may be issued from time to time, including notices, policies, guidelines, frequently asked questions (FAQs), forms and contracts, whether digital or printed, that may be provided.
8. "Referrers" – refer to persons who refer job posts/advertisements on the Platform to qualified candidates to employers.
9. "Third Party Providers" – refer to independent providers of technology or services which may be used separately or integrated into the Service, including digital payment platforms, accounting services, and similar thereto.
10. "Users" – refer to any person, whether an individual or an entity, who uses the Service.
11. "User Content" – refers to user submissions or posting, such as uploaded data, information, media, and analogous thereto.

Authorization, Representations, Warranties

1. For All Users

   You hereby represent, warrant, and/or undertake the following:

   1. You are making the following declarations, representations, warranties, and/or undertakings as enumerated herein and throughout the Terms, in relation to your use and/or continued access of the Service, including but not limited to the creation of an account, posting any content, participation in any activity or event, and analogous thereto.
   2. You are of legal age and have the legal capacity to contract, or properly authorized to contract if for a principal, a company, or organization, including providing information and submitting documents. When required or requested to verify your identity, you undertake to and shall submit true, genuine, accurate, complete, and updated information and/or documents, including but not limited to, any form of Government identification and/or registration, licenses, and permits. You acknowledge that we may rely on these submissions for whatever purpose, including legal compliance, taxation, and similar thereto.
   3. You shall submit true, genuine, accurate, complete, and updated information when creating or using your account. Whenever there are changes to your current information, you shall provide for updated information as soon as possible. You shall be solely and completely responsible for whatever information that you provided or submitted, as well as hold us free and harmless from any consequence resulting therefrom and hence, we shall not be held liable nor responsible, in any way, for any information that you provided or submitted. PASAJOB, its licensee, partners, and affiliates, shall not be liable or responsible for any false information.
   4. You shall be responsible for creating, maintaining, and safekeeping your account, password, and/or user credentials or log-in details, which may be used to securely access the Service. Transactions and activities under your account are presumed to be made by you for which you shall assume full and complete responsibility. Towards this end, you shall ensure that you practice safekeeping and protecting your account, including but not limited to, logging out when not using the Platform, changing passwords regularly, and verifying whether there has been any form of unauthorized access to your account.
   5. You confirm that you are authorized and/or have obtained consent to provide the contact information that you provided or uploaded, whether yours, of your employer or Company, the intended recipient of a referred a job post/advertisement, or of any other parties.
   6. You shall avoid authorizing others to use your account and/or identity, including transferring your account to any other person or entity, whether for profit or not. You shall immediately notify us of any unauthorized use or access of your account, including any breach of security and/or identify theft, whether real or apparent.
   7. You shall notify us immediately and ensure that no one has made attempts to change your password or user information by checking your email, mobile, or other devices that may have been designated for password recovery should you be locked out of your account for any reason, such as several failed attempts log in, receiving any form of communication indicating an attempt to login by another person not you, or any other suspicious activity, among others.
   8. You shall not actively conceal relevant information nor do any fraudulent activity, make misrepresentations nor misdeclarations, nor shall hold yourself out as an agent or one having authority to act, represent, or bind us to any obligation or commitment.
   9. You shall only use the Service for lawful purposes and its intended use. Except for the intended use of the Service, you shall not attempt to profit from it and/or its contents, without our express written permission, including but not limited to, revising, altering, modifying, copying, reproducing, displaying on public, creating derivative works, mirroring on any servers, or distributing the Service to the public or for commercial purposes, whether for profit or not. You shall not attempt to interrupt, interfere, damage, make fake posts or referrals, on the Service. You shall not attempt to derive the source code or any programming language of the Service, including but not limited to, explore vulnerability or security issues (commonly known as white hacking), decompiling, reverse engineering, decrypting, and analogous thereto, as well as deploying web spiders or crawlers or however designated, viruses, or any other form of malware, which may result in various server requests resulting in the interruption of the Service and or for purposes of mining or scraping data.
   10. You unconditionally consent to hold us, free and harmless, as well as defend and/or reimburse/indemnify us, by assuming full and complete responsibility or liability, for any loss or damage, including attorney's fees, that may be incurred by us or other users and/or third parties, resulting from your breach of this Agreement, whether intentional or otherwise, such as providing false or incorrect information, committing fraud or any attempt thereto, engaging in unlawful/illegal activities, among others. Similarly, you agree to hold us, free and harmless, from any fraudulent or deceitful act of any User or Third-Party Provider, who are responsible for their own conduct. The obligations specified in this paragraph extends to our licensees, partners, affiliates, ours and their shareholders, directors, officers, managers, employees, and agents.
   11. You agree that the Service is provided through reasonable efforts on an as-is basis or through available features. You acknowledge that the Service may have varying degrees of functionality in various browsers or devices, due to several reasons, including Internet connectivity, compatibility, firmware or software, settings, and analogous thereto.
   12. You shall be solely responsible for any consequences should you use or have had your devices rooted, which may result in the issues or problems with your devices or with the Service or Platform, potential loss of data including your own data on the Service or Platform, as well as any possible security risk or threat to your devices and user credentials or log-in details.
   13. You shall not engage in any defamatory acts against any of the Users and/or us in connection with the use of the Service. If you have any complaints, please reach out via our customer service so we can assist you with your concerns.
   14. You unconditionally agree that we may, at our sole discretion and determination, restrict, suspend, de-activate or terminate any account of a User for valid and legitimate reasons, including but not limited to, violations of the Terms and other agreements, complaints or policy violations, fraudulent or criminal activities, transacting outside of the Service despite using it to initiate contact or start the transaction, rigging or gaming the system, no user activity in a span of at least six (6) months from the last transaction, causing harm or damage whether to us or the other Users, conduct or behavior prejudicial to us and/or the Service, and any violation or circumvention or violation of the Terms and its intent.

2. For Specific Users

   In addition to the stipulations under Section 3.1, and to the extent applicable, you unconditionally agree and hereby declare that you shall comply with the Policies For Employers for users who are Employers, Policies For Referrers for users who are Referrers, and Policies For Job Seekers for users who are Job Seekers, which are all incorporated herein by reference and deemed an integral part of the terms herein.

Licensing and User Restrictions

1. We specifically grant you a non-exclusive, non-transferrable, revocable, and limited license to use and access the Service, and nothing more, as contemplated under this Agreement. We reserve any rights not expressly granted to you.
2. You acknowledge and agree that we own all rights and interests to the Service, including all forms intellectual property, as well as any recommendations, suggestions, improvements, enhancements, requests, feedback, which may be provided by you or through you from third parties in relation to the use and features of the Service.
3. You shall not violate any of our intellectual property rights, such as unauthorized use of its marks, trademarks, copyrighted content, as well as any act impairing the license granted to you through re-license, sublicense, sale, lease, transfer, assignment, distribution, whether for profit or not.

Disclaimer of Warranties

1. Disclaimer of Warranties on the Service: We do not make any declaration, representation, warranty, or guarantee on the reliability, dependability, availability, quality, accuracy, completeness, or timeliness, of the Service. Neither do we make any representations or warranties:

   1. that the Service is secure, free of errors, uninterrupted, function or operate with other hardware, software, system, data, programing, as well as interactions with these that may cause harm;
   2. that the Service will meet your requirements or expectations, as it is provided on an as-is basis;
   3. that any stored data or information are accurate, reliable, or complete; or
   4. any content posted by a User is true, genuine, accurate, complete, and updated.

   To the extent permitted by law, all other warranties, whether implied or expressed, are excluded.

2. Disclaimer of Warranties for Third-Party Providers: We do not make any declaration, representation, warranty, or guarantee on the reliability, dependability, availability, quality, accuracy, completeness, or timeliness, of products or services offered by Third-Party Providers. As a private transaction between you and the Third-Party Provider, you agree that you shall have no claim or cause of action against us in relation to your transaction.
3. No Control of User Content: We have no control over and thus we do not guarantee or warrant any content posted by a user, whether it is genuine, accurate, complete, truthful, or factual. While having no obligation to do so, we may at its discretion investigate complaints and act on them accordingly.
4. Internet Delays: The Service is subject to restrictions, limitations, delays, issues, or problems inherent in the use of the Internet and/or electronic communications including but not limited to, weak to no Internet communication, issues or errors attributable to your computer or gadgets. We do not assume responsibility for such problems.
5. Third-Party Hyperlinks: The Service and/or the Users may provide hyperlinks that connects to online content (the "Third-Party Hyperlinks") which are owned or managed by third parties and which are often changed from time to time. We are not liable for any content shown therein or any resulting incident from clicking these links as we have no control over them. We do not endorse nor claim that these links have been verified or checked for issues.
6. Suspension/Termination: You unconditionally agree that, at any time, and without notice, We may change, revise, modify, suspend, or terminate the access or operation to the Service or sections thereof, for any reason, including but not limited to, maintenance, security check, updates, improvements, and similar thereto. We shall not be responsible for any compensation resulting from the suspension or termination of the Service.

Limitation of Liability

1. YOU AGREE, TO THE EXTENT PERMITTED BY LAW, THAT ANY CLAIMS THAT YOU MAY HAVE AGAINST US SHALL BE LIMITED TO AND ONLY TO THE SUM TOTAL OF PAYMENTS YOU ACTUALLY MADE AND/OR OWING TO YOU RESULTING FROM THE USE OF THE SERVICE: PROVIDED, THAT YOU SHALL BE ABLE TO PROVE YOUR CLAIMS WITH GENUINE AND RELEVANT SUPPORTING DOCUMENTS: PROVIDED, FURTHER, THAT THE CLAIM SHALL NOT EXCEED TWENTY-FIVE THOUSAND PESOS (PHP25,000.00) FOR EMPLOYERS AND TEN THOUSAND PESOS (PHP10,000.00) FOR REFERRERS AND/OR JOBSEEKERS.
2. YOU CONSENT TO WAIVING ALL OTHER LIABILITY, LOSS, DAMAGE, OR INJURY (COLLECTIVELY, "DAMAGE") THAT YOU MAY INCUR OR BE DONE TO YOU, INCLUDING ANY THIRD PERSON WHO MAY BE AFFECTED, IN RELATION TO THE IMMEDIATELY PRECEDING PARAGRAPH. THE WAIVER INCLUDES BUT IS NOT LIMITED TO, DAMAGE RESULTING FROM THE USE OF THE SERVICE, UNAVAILABILITY OR INABILITY TO USE THE SERVICE, DEPENDENCE OR RELIANCE ON THE COMPLETENESS OR ACCURACY OF CONTENT BY OTHER USERS OR ADVERTISERS/THIRD PARTY PROVIDERS, TRANSACTIONS BETWEEN YOU AND OTHER USERS OR ANY THIRD PARTY PROVIDER INCLUDING MERCHANTS OR SPONSORS/ADVERTISERS, REGARDLESS OF WHETHER WE HAVE BEEN PREVIOUSLY INFORMED OF THE LIKELIHOOD OF ANY OF THESE DAMAGE.
3. YOU ACKNOWLEDGE THAT WE SHALL NOT BE A PARTY TO ANY CONFLICT RESOLUTION INCLUDING MEDIATION OR NEGOTIATION OF DISPUES BETWEEN YOU AND OTHER USERS, THIRD PARTIES, INCLUDING MERCHANTS OR SPONSORS/ADVERTISERS. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY OR LIABILITY WITH YOUR DECISION TO TRANSACT WITH THEM.

Dispute Resolution

1. Notices: For notices related to disputes, you hereby acknowledge and agree that you may be served with notices, including demand letters, through either/combination of the following:

   • The Service's communication channels;
   • Email address recorded in the Service;
   • Last known address recorded in the Service; or
   • Other contact information recorded in the Service.

   Such notices shall be deemed served after:

   1. five (5) hours from sending if via the Service or email address; or
   2. forty-eight (48) hours from mailing if via mail.

   You may provide your notices, including demand letters, by sending written communications through registered mail to our principal place of business as reflected in our official website at https://www.pasajob.com.

2. Duty to meet for an amicable settlement: For any conflict with the provisions herein, both parties unconditionally agree to first personally meet to explore solutions for an amicable settlement within 30 calendar days from service of a written notice by the concerned party to the other. This duty to amicably settle includes the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for purposes of reaching a mutually acceptable compromise agreement.
3. Pre-Condition: The duty to meet in the immediately preceding paragraph shall be a pre-condition or a pre-requisite prior to filing any legal action before the proper courts or tribunal. The Parties thus unconditionally agree that non-compliance with this section shall result in the dismissal of any action filed with all costs, expenses, and attorney's fees to be shouldered and reimbursed by the non-complying party to the other party.
4. Arbitration Agreement: If the conflict remains unresolved, the Parties unconditionally agree and consent to resolve the controversy by submitting the matter to the sole and exclusive jurisdiction of the proper and competent arbitration tribunal constituted by the Philippine Dispute Resolution Center Inc. (PDRCI) at Taguig City, following the latter's requirements, rules, and procedure. The seat and venue of the arbitration shall be in Quezon City, using the English language, with the arbitration fees equally shouldered by both parties, without prejudice to the Arbitrator deciding on the costs and expenses as may be reflected in the arbitration decision.
5. Governing Law: This Agreement is governed by the laws of the Republic of the Philippines. Any interpretation and construction of the provisions hereof shall be based on laws, jurisprudence, and rules under Philippine Law.
6. Legal costs and fees: Should a party be compelled to engage the services of a legal counsel and/or incur costs and expenses to litigate or enforce any contractual obligation, including preparations of filing an action, against the second party, the first party shall be indemnified or reimbursed by the second party for any and all amounts for litigation costs and expenses, including attorney's fees. This includes defending against any demand, claim, action, or suit due to the second party's non-performance of the obligations by the second party.

Miscellaneous

1. Payments and taxes: You unconditionally agree to the Platform's policies and procedures on payments, service fees, Referral Commissions, rewards, and analogous thereto, which may be subsequently and separately provided, such as via the Policies For Employers, Policies For Referrers, and Policies For Job Seekers, as well as in separate policies for promotions, rewards, earning points, and activities.
2. Promotions, rewards, points, etc.: Promotions are covered by the Policies For Promotions and the applicable Mechanics for specific promotions. If there are no applicable provisions in the said policies and/or mechanics, the provisions herein shall have suppletory application.
3. Force majeure: Except for monetary payments pertaining to Service Fees and Referral Commissions, when a period of time is provided in herein, neither party shall be held liable nor responsible for any delay or failure to perform due to force majeure, including but not limited to, storms, typhoons, cyclones, earthquake, volcanic activity, tidal wave, storm surge, tsunami, flood, damage or destruction due to lightning or fire, strikes, lockouts, casualties, war, governmental regulation or control or other causes beyond the reasonable control of the parties, and analogous thereto. During the force majeure, the obligations of the Parties are merely suspended. They shall continue with the performance of their obligations within a reasonable time after the passing or lapse of the force majeure.
4. Non-Waiver, Assignment: We shall not be considered to have waived our rights if we fail to insist on your performance of any obligations herein. Further, you shall neither assign nor transfer your contractual rights and/or obligations under this Agreement without the express and prior written consent from us; however, you consent that we may assign its contractual rights and/or obligations herein.
5. Entirety: This Terms of Service, including policies referred to and incorporated by reference, shall constitute the entire and complete agreement between the Parties arising out of or in connection with the use of the Service. The terms herein supersede and render ineffective all prior agreements, whether verbal, in writing, or otherwise. The Parties agree that all previous agreements that are not incorporated or stated herein are waived and shall not serve as a basis for any right or interest. The terms herein cannot be modified, amended, or revised without a subsequent written agreement signed by both Parties.
6. Separability: The provisions herein shall be interpreted and executed to the extent that they are valid and enforceable. In case provisions shall be declared invalid, illegal, or unenforceable, the remaining and unaffected stipulations shall remain valid, binding, and effective.
7. Effectivity: he provisions herein take effect upon your submission of your consent as evidenced by your clicking of the option indicating your agreement to be bound by the terms and conditions herein and/or your continued use and access of the Service.
8. Concerns: For any concerns, you may reach us at: compliance@PASAJOB.com.