Career China: Terms of Use

Introduction

Welcome to Career China, an online job and career resource platform owned by TAL Education Group. These terms and conditions ("Agreement” or “Terms”) are legally binding and govern your use of service. Throughout this document, the words “Career China,” ““us,” “we,” “our,” “Platform” or “Services” refer to us, Career China, our website, careerchina.com, or our services made available at the same website. The words “you” and “your” refer to you, the user of the Services or Platform.

We offer multiple distinct services. Some of the terms below relate specifically to one service, and other terms relate generally to all services we offer. We may update the Terms from time to time without notice to you. Unless expressly stated otherwise, any new features that augment, enhance or otherwise modify the Platform shall be subject to these Terms. By accessing and using this Platform, you agree to comply with and be legally bound by these Terms and Career China’s Privacy Policy, which can be found at https://www.careerchina.com/terms and are incorporated herein by reference.

To apply to jobs, you will have to use a unique account on the Platform (a “Career China Profile”). When creating your Career China Profile, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Career China Profile, and you must keep your password secure. You must notify Career China immediately of any breach of security or unauthorized use of your Career China profile. Career China will not be liable for any losses or damages caused by any unauthorized use of your Career China profile.

Copyright Ownership

The Content, Platform, and Services are the property of Career China, and are protected by all applicable copyright, trademark, and other laws of the United States and China, as well as other foreign countries. You acknowledge and agree that the Content, Platform, and Services, including all associated intellectual property rights, are the exclusive property of Career China and its licensors. You will not edit, remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Content, Platform, or Services. Subject to your compliance with the terms and conditions of these Terms, Career China grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Career China Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Content, Platform, and Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise to any intellectual property rights owned or controlled by Career China or its licensors, except for the licenses and rights expressly granted in these Terms.

COMPANY RESEARCH, CONTENT, AND JOB APPLICATION TERMS

These terms will apply specifically to usage of Company Research, Content, and Job Application Platform.

Job Applications

Career China allows professionals to get an inside look at great companies, and apply to jobs. Users have the option to log in to our website via their Career China profile. Users are allowed to upload a resume/cover letter/other professional information in order to apply to jobs.

GENERAL TERMS OF USAGE

Trademarks

You agree not to use any Career China trademarks anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property, and includes prohibitions on any competition that violates the provisions of this paragraph.

Any other trademarks beyond Career China including, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Code of Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of our Content, Platform, and Services. In connection with your use of our Content, Platform, and Services, you may not and you agree that you will not:

• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, and Tax regulations;
• hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our website, Service, or Users;
• defame anyone;
• defraud, mislead, or otherwise act dishonestly;
• copy, store, or otherwise access any information contained on the Platform, or within any Content appearing therein, for purposes not expressly permitted by these Terms;
• use the Content, Platform or Services for any commercial or other purposes that are not expressly permitted by these Terms;
• use the Content, Platform or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;
• stalk or harass any other user of the Content, Platform or Services, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Client;
• impersonate any person or entity, or falsify, or otherwise misrepresent yourself or your affiliation with any person or entity;
• run any bots or other software to aggregate or browse our content, including but not limited to company or jobseeker profiles;
• post fake information, whether it is about a job, company, or your own credentials as a job applicant;
• infringe on anyone’s intellectual property rights;
• otherwise act in a manner which, at Career China’s sole discretion, is objectionable, or which may bring Career China into disrepute.

Disclaimers; Limitation of Liability

IF YOU CHOOSE TO USE THE PLATFORM AND/OR THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT CAREER CHINA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY COACH OR CLIENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CAREER CHINA, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, OR THROUGH THE PLATFORM OR COLLECTIVE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY RECRUITERS OR CLIENTS. CAREER CHINA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RECRUITERS AND CLIENTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED OR OTHERWISE FACILITATED BY CAREER CHINA. NEITHER CAREER CHINA, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, MAKES ANY WARRANTY REGARDING THE QUALITY OF ANY COACHES, COACHING SESSIONS OR ANY OTHER SERVICES OR COLLECTIVE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE PLATFORM OR SERVICES.

CAREER CHINA TOGETHER WITH ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, PROVIDE THE PLATFORM, SERVICES AND COLLECTIVE CONTENT “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CAREER CHINA, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER CAREER CHINA, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, MAKES ANY WARRANTY THAT THE PLATFORM, SERVICES, OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE COACHES OR ANY COACHING SESSIONS INCLUDED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

NEITHER CAREER CHINA, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR DURING THE COURSE OF YOUR USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, DAMAGES ARISING FROM A PARTY’S WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR LOST BUSINESS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES CLAIM RELATING TO THIS AGREEMENT SHALL NOT EXCEED FIVE THOUSAND DOLLARS ($5,000).

Representations & Warranties

We make no representations or warranties as to the merchantability of our Content, Platform, or Services or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our products, for reasons including, but not limited to, failure of our service, loss of income, negligence, or any tort or other cause of action. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.

You agree that we are not responsible in any way for offers made by third parties through our website.

We are not liable for any failure of our service, including any failures or disruptions, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.

You acknowledge and agree that our website may become unavailable at any given time, temporarily or permanently, with or without notice, and we will not be liable to you for any loss therefrom.

The provision of our service to you is contingent on your agreement with this and all other sections of this Agreement. Nothing in the provisions of this "Representations & Warranties" section shall be construed to limit the generality of the first paragraph of this section.

Indemnification

You agree to indemnify and hold harmless Career China and its principals, shareholders, agents, officers, directors, consultants, and employees from or against third-party claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising from or relating to any third-party claim, suit, action or proceeding arising out of the breach of Career China representations and warranties contained herein.

External Links

We may link to third-party websites from our own website including, among other things, coach websites or third-party payment processors. We have no control over, and are not responsible for, these third-party websites or their use of your personal information. We recommend that you review their privacy policies and other agreements governing your use of their website.

Notices

You consent to receive communications from us electronically. We will communicate with you by email (using the email address you provide to us either during the registration process or when you updated your email address) or by posting notices on this Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition to, but not in limitation of the foregoing, except as explicitly stated otherwise, any notices to us shall be given by email.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Miscellaneous

These Terms, together with the Privacy Policy, and any other legal notices published by Career China on the Platform, shall constitute the entire agreement between you and Career China concerning the Platform, your use of the Services and any Content. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any one provision set forth in these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Career China’s failure to assert or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

Amendments

We may amend these Terms from time to time, and the amended version will be posted on our website in place of the old version and it is your responsibility to check these terms for any amendments. We will also include the date that the currently displayed Terms took effect to help you determine whether there have been any changes since you last used our website. Like our Privacy Policy, you must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Terms. If you do not agree to the new Terms, you must immediately cease using our Content, Platform, and Services.