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Terms Of Use

Last updated
07 March 2022

In General

  1. Please carefully read the terms and conditions herein which are legally binding on you (the "User"). You are using the Services as defined herein, provided by PASAJOB INC. ("PASAJOB") and/or its licensor (collectively "PASAJOB").
  2. As a User, you unconditionally agree to be bound by these Terms of Use (the "Terms"), including but not limited to, its annexes or references, PASAJOB Policies, systems, procedures, and any other subsequent issuances, all of which form part and are made integral to the Terms.
  3. Your use and/or continued use of the services constitutes your express consent to be bound by this legally binding contract (the "Agreement"). If you do not agree to the Terms, you are to discontinue using the Services.
  4. PASAJOB is a referral-based job platform designed to reward individuals (the "Referrers") who refer qualified candidates (the "Job Seeker") to hiring employers (the "Employers").
  5. You have the responsibility to regularly review the Terms. PASAJOB reserves the right to amend the Terms at any time without prior notice. The revision or amendment are effective once they are posted at https://PASAJOB.com/ or on the Service. Your continued use of the Service after revisions or amendments, whether or not read and/or reviewed by you, constitutes your unconditional consent to be bound by the changes.

Definition of Terms

  1. "Application" – refers to mobile applications provided by PASAJOB, including its licensors, for download by users and/or Third-Party Providers.
  2. "Employer" – refers to businesses or organizations aiming to hire employees through the Service.
  3. "Job Seeker" or "Job Applicant" – refers to qualified candidates applying for employment through the Service.
  4. "Party" or "Parties" – refer to the person, including users and PASAJOB, who are the contracting parties to the Terms.
  5. "PASAJOB Policies" – refer to the Privacy Policy, General Code of Conduct, Employer Code of Conduct, Referrer Code of Conduct, Seeker Code of Conduct, Third-Party Providers Code of Code Conduct, as may be applicable, including notices, policies, guidelines, frequently asked questions (FAQs), forms and contracts, whether digital or printed, that may be provided.
  6. "Platform" – refers to PASAJOB technology, application, website, which are used by Users to access the Services.
  7. "Referrer" – refers to persons who refer qualified candidates to employers.
  8. "Services" – refers to the collect designation of the services, platform, application, or technology (collectively, the "Services") provided by PASAJOB INC. ("PASAJOB") and/or its licensor (collectively "PASAJOB").
  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 Services.
  11. "User Content" – refers to any posted or uploaded data, information, media, and analogous thereto, by the Users.

Declarations and Representations, Warranties and Undertakings, Authorization

  1. In General

    The following provisions are applicable to all Users:

    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 use of the Service, including but not limited to 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 PASAJOB 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.
    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 person you are referring for a job, 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 or not for profit or gain. You shall immediately notify us of any unauthorized use of your account, including any breach of security and/or identify theft.
    7. You shall notify us immediately and ensure that no one has made attempts to change your password 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 several failed attempts log in or any other suspicious activity, you should notify us immediately and ensure that no one has made attempts to change your password by checking your email, mobile, or other devices that may have been designated for password recovery.
    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 PASAJOB 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. 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 PASAJOB, free and harmless, as well as defend and/or reimburse/indemnify PASAJOB, by assuming full and complete responsibility or liability, for any loss or damage, including attorney's fees, that may be incurred by other users and/or third parties, PASAJOB, resulting from your breach of this Agreement, whether intentional or otherwise. Similarly, you agree to hold PASAJOB, 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 PASAJOB's affiliates, 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 for PASAJOB.
    13. You unconditionally agree that PASAJOB 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 other Users or PASAJOB, conduct or behavior prejudicial to PASAJOB and/or the Service, and any violation or circumvention or violation of the Terms and its intent.

  2. For Employers

    In addition to the stipulations under Section 3.1, the following are additional provisions specifically applicable to employers:

    1. You shall be responsible for any and all acts of your employees or agents who you have authorized and/or allowed to use, whether intentional or through negligence, your account/s through sharing account user credentials or log-in details.
    2. You undertake to actively and continuously update your employer information record with PASAJOB by providing or submitting updated information, recording, and documents, without need of any request or demand, particularly on/before making new or additional job posting.
    3. You hereby authorize and empower PASAJOB, its licensors, and all the Users, including referrers, to represent you for the sole, limited, and specific purpose of referring candidates to your job posts, in and through the Service or Platform, to ensure compliance with laws and regulations, such as those related to employment, data privacy, among others. For avoidance of doubt, they shall be an extension of your organization only and only for the sole, limited, and specific purpose of referring candidates to your job posts, and nothing more. No other authority shall be granted.
    4. You shall ensure that you have systems and measures in place to comply with data privacy laws and regulations to protect personal information and sensitive personal information that you may receive resulting from a referral and/or through a job application for vacancies that you may have posted on the Service or Platform.

  3. For Referrers

    In addition to the stipulations under Section 3.1, the following are additional provisions specifically applicable to referrers:

    1. You shall obtain the consent of the persons whom you are referring prior to providing or uploading or using their contact details on the Service or Platform. You shall clearly communicate to them the purpose of the consent, including but not limited to, explaining to them that they you are referring them to a job vacancy which may be suitable for them, and asking clearly and expressly their consent and agreement to provide your contact details on Service or Platform.
    2. You hereby confirm, affirm, and warrant that you have obtained the consent of the persons whom you are referring to an employer as provided in the immediately preceding paragraph.
    3. You shall only refer qualified or suitable candidates to employers on the Service or Platform. You shall avoid any form of spamming activity, including but not limited to, referring individuals who are not qualified nor suitable, creating multiple accounts for the same purpose, and analogous thereto.

    4. You shall only refer or make referrals, and nothing more. You shall not make any other declarations or representations that may or would give the impression, whether actual or perceived:

      1. that you are recruiting on behalf of PASAJOB and/or the employer;
      2. that you are authorized by PASAJOB and/or the employer to transact for purposes of hiring and employment; and
      3. similar activities.

      Should the persons whom you are referring to ask for more information regarding the job posting or vacancy, you shall direct or show them to the appropriate post on the Service or Platform.

    5. You shall not collect any fees or charge, whether in cash or in kind, against those whom you have referred, including those who have been successfully employed as a result of your referral. Nor shall you make any promises to the person whom you are referring.
    6. You shall avoid conspiring or conniving with Job Seekers to defraud PASAJOB and/or the employers of the referral fee, including but not limited to, entering into any form of arrangement whereby the Job Seeker, without any genuine intent to work for an employer, would apply for the position and be hired in order for the referrers to receive the referral fee and thereafter the Job Seeker would leave employment after less than thirty (30) days of work. This applies whether or not the referral fee was received solely by the Referrer or shared with the Job Seeker through any form or manner, such as in cash or in kind.
    7. You shall provide PASAJOB the necessary licenses or permits if you are regularly engaged in the business or profession of recruitment and placement.
    8. You shall provide your tax identification number (TIN) and other relevant information for the purpose of any applicable withholding tax, prior to processing any withdrawal of amounts due to you. Where necessary, you shall cooperate with PASAJOB and/or the employer for any other related tax matters.

  4. For Job Seekers

    In addition to the stipulations under Section 3.1, the following are additional provisions specifically applicable to Job Seekers:

    1. You shall genuinely apply for job posts or vacancies which you are competent or qualified to perform based on either or a combination of your work experience, certifications or other forms of qualifications, educational and training background, special or unique skills, among others.
    2. You shall attend scheduled job interviews and/or qualification tests/exams that an employer may have scheduled for you in relation to your job application. Particularly, if you have confirmed a schedule, you shall exert reasonable efforts to attend the same. Should you be unable to attend, you shall inform the employer of the reason within a reasonable period of time prior to the scheduled event.
    3. You shall avoid conspiring or conniving with Referrers to defraud PASAJOB and/or the employers of the referral fee, including but not limited to, entering into any form of arrangement whereby you, without any genuine intent to work for an employer, would apply for the position and be hired in order for the referrers to receive the referral fee and thereafter you would leave employment after less than thirty (30) days of work. This applies whether or not the referral fee was received solely by the Referrer or shared with you through any form or manner, such as in cash or in kind.

Licensing and User Restrictions

  1. PASAJOB specifically grants you a non-exclusive, non-transferrable, revocable, and limited license to use and access the Service, and nothing more, as contemplated this Agreement. We reserve any rights not expressly granted to you.
  2. You acknowledge that PASAJOB shall 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 PASAJOB's 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 profit or not.

Payments, Commissions, Points, Rewards, and Prizes

  1. You unconditionally agree that any form of payment or charge ("Service Fee") applicable to and imposed on you, by PASAJOB is due and demandable immediately without need of any demand, whether in writing or otherwise, and thus shall be settled by you. This is without prejudice to any modification in payment methods that we may be adopt, including promotions, deferment, or otherwise.
  2. The Service Fees shall be based on the latest prevailing rates adopted by PASAJOB as formally announced through the Service or the website, including those covered by promotional offers. Unless otherwise allowed in writing, Service Fees are non-refundable which shall be applicable regardless of your or our decision to terminate or discontinue your use of the Service. Notwithstanding, the remaining balance may be consumed or applied using other features in the Service.
  3. You unconditionally agree to the PASAJOB Policies, particularly those relating to referral commission, points, rewards, and prizes, which may be subsequently issued, announced, and made effective. For amounts due to you, you authorize us to collect them, such as commissions, prizes, and analogous thereto. These may be reflected through a feature in the System. You may withdraw your earnings through the authorized payout facilities. You acknowledge that there may be applicable transaction costs charged by these Third-Party Providers.

Taxes, Force Majeure, Non-Waiver, Assignment

  1. Taxes: You unconditionally agree that you shall comply with all applicable laws and regulations on taxation, including but not limited to, and where applicable in connection with the Service: registration with the concerned Government agencies or offices, withholding of taxws, issuance of acknowledgment/official receipts and withholding forms, and payment of taxes, duties, fees, charges and/or costs, regardless of how designated, as well as enable, assist, or defend PASAJOB in claiming or verifying input tax credits, refunds, and/or rebates.
  2. Force Majeure: Except monetary payments under this Agreement, when a period of time is provided in this Agreement, 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. For the specific and limited application of events related to Covid-19, they shall be considered force majeure only and only if the city or municipality of where your principal place of business or registered address with PASAJOB, is placed on any form of lockdown or quarantine that absolutely prohibits banking activities.
  3. Non-Waiver, Assignment: PASAJOB shall not be considered to have waived its rights if it fails 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 of PASAJOB; however, you consent that PASAJOB may assign its contractual rights and/or obligations herein.

  4. Confidentiality: You undertake to keep the terms and conditions herein confidential and those which may subsequently be issued, whether applicable in general or specifically to you, and you shall not permit nor cause any disclosure without the written consent of the other party except:

    1. where necessary for the exercise of any right or compliance with any obligation under this document;
    2. as required by law; or
    3. to lawyers, accountants, and auditors engaged by a Party.

    Notwithstanding, you may inform third parties of the existence of their contractual relationship.

Disclaimer of Warranties

  1. PASAJOB does not make any declaration, representation, warranty, or guarantee on the reliability, dependability, availability, quality, accuracy, completeness, or timeliness, of the Service. Neither does PASAJOB 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. PASAJOB makes no 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 PASAJOB in relation to your transaction.
  3. No Control of User Content: PASAJOB has 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, PASAJOB 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. PASAJOB does 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. PASAJOB is not liable for any content shown therein or any resulting incident from clicking these links as PASAJOB has no control over them. PASAJOB does 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, PASAJOB 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. PASAJOB 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 PASAJOB 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 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 PASAJOB HAS BEEN PREVIOUSLY INFORMED OF THE LIKELIHOOD OF ANY OF THESE DAMAGE.
  3. YOU ACKNOWLEDGE THAT PASAJOB 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: You shall receive notices, including legal/demand letters, via the Service or to your contact information provided to PASAJOB, which may either via your registered email address or by written communication sent to your registered mail or private courier to your registered address. Such notices shall be deemed served and/or received after five (5) hours from sending if via the Service or email or forty-eight (48) hours of mailing if via mail. You may provide your legal notices or demand letters by sending written communications through registered mail using the contact details indicated in the Service.
  2. Duty to Amicably Settle Controversy: For any conflict with the Terms, you and PASAJOB both agree to first personally meet to explore solutions for an amicable settlement within 30 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 above-mentioned settlement dispute 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 any and all costs, expenses, and attorney's fees to be shouldered and reimbursed by the non-complying party to the other.
  4. Arbitration Agreement: In the conflict remains unresolved, we unconditionally agree and consent to resolve the controversy by submitting 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 you and PASAJOB, 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.

Entirety, Separability, Effectivity

  1. This Agreement with its attached Annexes and/or the documents referred to herein, if any, shall constitute the entire and complete agreement between the Parties arising out of or in connection with the subject matter hereof. Accordingly, this Agreement supersedes and renders ineffective any and 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. This Agreement cannot be modified, amended, or revised without a subsequent written agreement signed by both Parties.
  2. 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.
  3. The Terms takes 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.
  4. For any concerns, you may reach us at: compliance@PASAJOB.com.