TalentMind is an HR recruiting software, provided by AnyMind Group Limited. (hereafter referred to as “AnyMind”), which enables employers to have a smart recruiting process. AnyMind has made every attempt to ensure the reliability and accuracy of information provided on this platform but as such, this information is provided without warranty of any kind. AnyMind does not and will not accept liability or responsibility of any manner for the completeness, accuracy, content, legality, or reliability for the information on TalentMind. The services on TalentMind as well as all information, products, content and other services included are made available to the user company and its affiliates (hereafter referred to as “Client”) on an “as is” basis, unless specified in writing. The Client agrees that the Client uses the TalentMind platform at the Client’s sole risk. AnyMind provides access to TalentMind subject to the general terms and conditions provided below ( hereafter referred to as “Terms and Conditions”). The Client completely and unequivocally agrees to be bound by the Terms and Conditions. If the Client does not intend to be legally bound to Terms and Conditions, the Client may not access or otherwise use TalentMind.
1.1 In consideration of the terms outlined in this Terms and Conditions, the Client and AnyMind (hereafter referred to as “Both Parties”) agree to enter into an agreement whereby AnyMind shall provide access to its proprietary HR software TalentMind (hereafter referred to as “Service”). In the case where the Client applies to the payment plan of TalentMind, the Client shall execute the order of such services (hereafter referred to as “Software Order”). The Client agrees to be bound by the coverage of Software Order along with the Terms and Conditions.
1.2 Both Parties agree that Both Parties can make the Supplemental Agreement or additional provisions in the writing upon the separate deliberation. Both parties agree to be bound by the coverage of those additional agreements if any.
2. APPLICATION METHOD
Adding to the above, the Client shall submit the Software Order and comply with the application method and procedure settled by AnyMind or its Affiliates so as to use the payment plan of TalentMind.
The Software Order automatically terminates in the expiry date of the term of the Software Order, unless otherwise specified in the additional provisions; provided, however, that in the case where the term of The Software Order is within one month, continuing the order is renewed automatically. The Client shall notify AnyMind of the termination and non-renewal of the Software Order at least 5 days prior to the expiry date in advance when the Client wishes to terminate and not to renew the Software Order. Please be advised that, in the cases where The Software Order has been renewed automatically as a result of failure to perform the termination procedures (non-renewal procedures), the fees for the renewal term will be applied.
4. TERMS AND CONDITIONS
4-1 AnyMind reserves the right, at any time, to update and change any or all of this Terms and Conditions, at its sole discretion. By using TalentMind, the Client acknowledges that the Client has read and understood all chapters, sub-chapters, provisions of the Terms and Conditions, and agrees to work under these terms and conditions.
4-2 By using TalentMind, the Client represents and warrants that the Client has the right, authority and capacity to enter into the Terms and Conditions. If the Client does not meet all of these requirements, the Client must not access or use TalentMind.
4-3 AnyMind makes no claims that TalentMind or any of its content is accessible or appropriate based on the domicile of the Client. Access to TalentMind may not be legal for certain persons or in certain countries. If the Client accesses TalentMind, the Client does so on its own initiative and as such, shall be responsible for compliance with local laws.
The AnyMind name, the terms, AnyMind logo and all related names, logos, product and service names, designs and slogans are trademarks of AnyMind or its Affiliates. The Client must not use such marks without the prior written permission from AnyMind. All other names, logos, products and service names, designs and slogans on TalentMind are the trademarks of their respective owners.
6. FEES AND PAYMENT TERMS
6-1 All fees payable shall be specified in the Software Order.
6-2 All fees payable are due and payable within thirty (30) days of the date of the invoice that AnyMind or its Affiliates, unless agreed otherwise in the Software Order.
6-3 Stamp duty, transaction fees payable incurred by the execution of this Terms and Conditions shall be borne by the Client.
6-4 The Client can not cancel the Software Order in mid-term. Even in cases where, after commencement of the Software Order, the Client has ceased use of TalentMind according to the Client’s convenience, the use fee for the corresponding agreement term cannot be refunded, and the full amount of fees payable must be paid ;provided, however, that in cases where the Client terminates the Software Contract in mid-term against the will of the Client as a result of AnyMind failure or product defect after the Client began use of this service as prescribed on the article 6-5, the use fee shall be refunded in accordance with the number of months remaining in the Software Order.
6-5 In the case where the Client reports us a defect of our product, AnyMind shall repair the defect within thirty (30) days after it has been informed by the Client(“Remedy”). AnyMind shall be responsible for all costs and expenses incurred due to such repair or replacement. If AnyMind fails to offer that Remedy to the Client within the period hereof, the Client has the right to (i) require AnyMind to refund or reduce the portion of the Services fee applicable; or (ii) terminate the Software Contract with immediate effect; provided however, that AnyMind is not liable to the obligation hereunder under the circumstances of the FORCE MAJEURE pre-scribed on the Clause 15.
6-6 Any amounts not subject to a good faith dispute that are not paid within thirty (30) days of the date of invoice will incur interest at a rate equal to the lower of one percent (1%) per month or the highest rate permitted by the laws and regulations of the jurisdiction where performance is expected to take place. Additionally, AnyMind may suspend its Service until the undisputed portion of Client’s account is brought current. All fees and charges referred to in a software order, or any invoices are exclusive of taxes and any additional tax obligations shall be borne by the Client.
6-7 For any future period, AnyMind may increase any or all fees payable hereunder; provided, however, that no fee increase shall become effective until thirty (30) days after AnyMind notifies the Client in writing of such fee increase.
7. ACCOUNT CREATION AND SUSPENSION
7-1 The Client must provide certain registration details for the user accounts or other information as requested by AnyMind to use certain features of TalentMind. The Client guarantees that the information of the Client provided to AnyMind for the use of TalentMind is correct, current, complete and up to date.
7-2 AnyMind reserves the right to provide access, withdraw or amend the access to Talent-Mind, and any service or material that AnyMind provides on TalentMind, at its sole discretion, and without notice.
7-3 AnyMind has the right to terminate or suspend the Client’s access to all or part of Talent-Mind for any or no reason, including without limitation, any violation of the Terms and Conditions and additional provisions if any. AnyMind will not have any liability whatsoever to the Client for any termination of the use of TalentMind, including for termination of the Client’s member account or deletion of the Client content. AnyMind will not be liable to the Client or any third-party for termination of any service.
7-4 AnyMind has the right to disable any user name, password or other identifier, whether chosen by the Client or provided by AnyMind, at any time at its sole discretion for any or no reason, including if, in AnyMind’s opinion, the Client has violated any provisions on Terms and Conditions and additional provisions.
7-5 AnyMind has the right to block, ban, deactivate, refrain or take any action to temporarily/permanently suspend the Client account on TalentMind without further notice if AnyMind believes that the Client has violated all or part thereof of the provisions of the Terms and Conditions and additional provisions if any.
8. PROHIBITED BEHAVIORS
8-1 The following acts (including acts and preparatory acts for the inducement of the following acts) are prohibited when using the Service:
a) Acts in violation of laws and regulations, this Terms and Conditions, or additional provisions;
b) Acts to change appearance and functions of the Service provided;
c) Acts which infringe on any rights including but not limited to intellectual rights and privacy of AnyMind or any third party;
d) Acts of improper usage of TalentMind other than the intended purpose.
e) Acts to transfer or lend the provided account to any third party, or disclose the account information or password to any third party;
f) Acts of impersonation for accessing TalentMind.
g) Acts contrary to public order and morality;
h) Acts that AnyMiud judges it is inappropriate;
8-2 AnyMind has the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or improper use of TalentMind.
9. ACCESS CONTROL
9-1 The Client shall ensure that all persons who have access to the Client’s account on Talent-Mind and access either through the Client’s internet or any network connection are aware of the provisions of the Terms and Conditions and comply with them.
9-2 The Client shall be wholly responsible for access to its own account. AnyMind shall not be held liable for any damages caused by or on the Client’s account.
9-3 The Client shall ensure that the material posted on TalentMind, any social media channels or the internet linked to TalentMind is performed by the candidate and does not apply to the views of AnyMind. AnyMind does not review their activities and cannot guarantee that they comply with all local laws and regulations.
10. CONFIDENTIAL INFORMATION
10-1The Client acknowledges that the Client account is personal to the Client and agrees not to provide any other person with access to TalentMind or portions of it using the Client’s user name, password or other security information.
10-2 AnyMind has the right to fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure or deletion of the identity, contents or other information of anyone posting any materials on or through TalentMind.
10-3 The Client acknowledges that the Client must treat all private information gathered from AnyMind or TalentMind as confidential and the Client must not disclose it to any other person or entity or third-party without the prior written consent from AnyMind.
10-4 The Client agrees to notify AnyMind immediately of any unauthorized access to or use of its user name or password or any other breach of security. The Client also agrees to ensure that the Client shall exit or sign out from the member account at the end of each session. The Client should use particular caution when accessing the member account from a public or shared computer so that others are not able to view or record the password or other personal information.
10-5 AnyMind shall not be liable for any direct or consequential loss or damage arising out of the Client’s failure to comply with the above requirements.
10-6 AnyMind shall not be liable for any data privacy law violation arising out of the Client's failure to comply with the above requirements.
10-8 AnyMind also acknowledges that any private information referred herein must not be revealed on all the other services provided by AnyMind, and thus, will not be shared between the "AnyMind" group of companies.
11.1 The Client agrees to defend, indemnify and hold harmless AnyMind, its Affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to the Client’s violation of the Terms and Conditions or the Client's use of TalentMind, including, but not limited to Client content, any use of TalentMind’s content, services and products other than as expressly authorized in the Terms and Conditions or the Client’s use of any information obtained from TalentMind.
11.2 AnyMind shall be exempted from liability regarding the Service in all cases not attributable to willful misconduct or negligence on the part of the Company. In the case where AnyMind shall bear the liability to the Client, the maximum amount of damages shall be the relevant sale price that was actually paid to AnyMind. (or, in the case of continuous services, an amount equivalent to the cost of three months’ service maximum).
12.WAIVER AND SEVERABILITY
No omission or delay on AnyMind's part in exercising any or part of its rights under the provisions of the Terms and Conditions shall operate as a waiver thereof.
If any provisions of the Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions shall remain intact and continue in full force and effect.
AnyMind is entitled to add and revise the contents in this Terms and Conditions at its sole discretion. Revisions of this Terms and Conditions is displayed on the appropriate location on the website and shall be delivered to the Client in the proper communication method. When, following a revision to this Terms and Conditions or to an additional provision, the Client use the Service subject to such revision, such revision shall constitute a part of the agreement between Both Parties. If the Client does not consent to such revisions, the Client must cease use of the Service.
Any communication from the Client to AnyMind concerning the Service is to be carried out by transmission of an inquiry form posted at an appropriate location on a website operated by AnyMind, or by such other method as AnyMind may designate. Communication from AnyMind to the Client concerning the Service is to be carried out by public posting to an appropriate location on a website operated by AnyMind, or by such other method as AnyMind deems appropriate. The Client may use the Service after agreeing that AnyMind may send advertisements or promotions etc. concerning AnyMind or its business partners to the email address registered to the Client.
15. FORCE MAJEURE
Except for payment obligations, neither the Client nor AnyMind shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond either Client’s or AnyMind’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lock-outs, or labour disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
16. GOVERNING LAW AND JURISDICTION
Any disputes arising out of or in connection with this Terms and Conditions shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “SIAC”)
All the matters concerning this Terms and Conditions, additional provisions and use of the Service shall be governed by and construed and interpreted under the laws of Singapore.
Created on 21st May 2018 and applied from 22nd May 2018
Amended on 17th July 2018 and applied from 17th July 2018
Amended on 21st Sep 2018 and applied from 22nd Sep 2018