DEVCURATE
The next generation career platform dedicated to the global impact sectors
Terms of Service
Background
Effective date: 2 May 2022
  1. Overview

    Devcurate is an innovation platform and professional ecosystem for impact-driven individuals and organizations. And to ensure Devcurate is safe for all users, it is important that we set some dos and don’ts. Therefore, these Terms of Service represent an agreement between you and Devcurate Co., Ltd with respect to your use of Devcurate and its Services – whether as a Recruiter or Talent. These Terms of Service set the dos and don’ts, terms and conditions, and prohibited activities applicable to your use of Devcurate and the Services. We expect that you review them before continuing to use the Services. By requesting to use the Services and creating an account, you represent that you have read these Terms of Service and agree to be bound by them. Your consent to these Terms of Service will be deemed given when you tick the “I agree to the…” box before clicking the “Register” button. If, however, you do not consent to these Terms of Service, you may close your account (if already created) or refrain from Devcurate.

  2. Key terms

    “Devcurate” refers to the domain at www.devcurate.co and associated web app, mobile app, Human Resources (HR) management software, tools, and features.
    “Recruiters” collectively refer to hiring organizations, companies, employers, businesses, and their representatives using Devcurate for searching and onboarding Talents.
    “Services” refer collectively to the website, mobile app, and associated HR management software, features, job recommendation system, social features, and relevant activities that Recruiters and Talents are able to perform and use as users of Devcurate.
    “Talents” refer to professionals, job seekers, and anyone using Devcurate to build their career or search for jobs from Recruiters.
    “you” or “your” or “user” refers generally and collectively to you reading these Terms of Service – whether as a Recruiter or Talent.
    “we” or “our” or “us” refers to Devcurate Co., Ltd.

  3. Privacy policy

    The collection and use of any personal data you submit on Devcurate, including your name, payment method, email address, or any content submitted on Devcurate, is governed by the practices described in our Privacy Policy. Please, read and consent to it, as it describes the data we collect and their uses, including the disclosure, security, retention period, international transfer, and your rights. By submitting personal data on Devcurate, you agree to our privacy practices.

  4. Eligible persons

    To be an eligible person under these Terms of Service, you must be at least 18 years of age (or the applicable age of majority in your location) and be able to enter a legally binding agreement. Additionally, your use of Devcurate and the Services must not violate any applicable law, regulation, statute, or rule.

  5. Account and registration You may visit Devcurate at no cost or requirement. However, to use certain Services, including, without limitation submitting job posts, using candidate screening solutions,, applying to jobs, submitting content (such as your resume), interacting with other users, or setting up a profile, Recruiters and Talents may need to create a user account and submit registration data to us. By submitting registration data, you warrant that the data submitted is accurate, complete, and correct. You also warrant that you will correct any inaccurate data as the need arises. If you are a company representative, you further warrant that you are not creating an account on behalf of your company without their authorized approval. The security of your account is paramount to us. We protect your data as described in our Privacy Policy. However, part of this responsibility lies with you. Your user account login details should be confidential to you, and you should not license, sell, rent, or transfer your account to a third party without our written approval. Notwithstanding, your request to create an account is at our discretion. We may refuse you access to an account or use the Services if we determine, at our discretion, that you have previously been barred from Devcurate or that your use violates any applicable law, regulation, statute, or provision.
  6. Electronic communication

    You agree that by using Devcurate, we may communicate with you electronically, including through your account dashboard, email address, or our legal documents (such as these Terms of Service). Therefore, you acknowledge and agree that any electronic communication passed to you with respect to Devcurate shall satisfy any legal requirements to the extent a paper form of the same communication will satisfy.

  7. Fees and payments

    Certain features on Devcurate require you to make certain payments (for example, Recruiters subscribe to monthly or yearly subscription plans to use our HR suite)(“Paid Services”). By requesting any Paid Services, you agree to pay the applicable fee described on the applicable pricing page. Unless where we specify, Paid Services shall not include any taxes, including withholding tax, value-added tax, levies, duties, or sales tax (collectively, “Taxes”) imposed by any government. However, you agree to pay any applicable Taxes with respect to any transaction you perform on Devcurate. You also agree to reimburse us for any withholding tax that may be imposed by the government of your location. To pay for any Paid Services, you are required to add any supported method of payment (commonly credit/debit cards). And you authorize us to deduct the applicable amount from your payment method. You also warrant that your payment method contains sufficient funds to cover the applicable fees for the Paid Services. Also, your use of any payment method on Devcurate shall be governed by the terms of service of the applicable payment method provider. We will not be liable for any liabilities incurred from the payment method you select to use. And we will not be responsible for any taxes or charges imposed by your payment method provider. Where a Paid Service is charged on a subscription basis, you agree that we may automatically charge your payment method for any fees due, including fees for the next billing cycle – unless you cancel your subscription prior. You also agree that once a fee has been charged subject to the applicable payment terms, there will be NO REFUND (except we agree otherwise on a case-by-case). You also agree that making a chargeback is a violation of these Terms of Service. We reserve the right to change the fee for any Paid Service at any time. And your continued use of the Services after any changes to the fee shall be construed as you accepting the new fee structure. Subscriptions shall commence with a trial period, which will require you to attach your payment method, but without charges. For the avoidance of doubt, you may use our Paid Service for the duration of the trial period without us charging your payment method. However, you will be charged if you do not cancel the subscription on or before the end of the trial period.

  8. Intellectual property rights and limited license

    Aside from the content submitted by users and third parties, the content on Devcurate, including the texts, audios, designs, logos, photos, software, databases, and source codes (the “Devcurate Content”), as well as the trademarks, trade names, service names, and domain name, are licensed to us and licensors, and they are subject to copyright, patent rights, and other intellectual property rights in Thailand and international locations. We do not permit you to copy, use, download, or edit our trade names, trademarks, or any of the Devcurate Content – including using them with any other products and services – in any manner that may likely cause confusion without written approval from us. Based on your compliance with these Terms of Service and the payment of applicable subscription (where applicable), we hereby grant to you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access and use Devcurate and the Services and download any free Devcurate Content only for your personal, non-commercial use. You may not download and share any Devcurate Content with third parties without written approval from us.

  9. User Content

    “User Content” refers to any content submitted by Recruiters and Talents in public and private areas on Devcurate. User Content may include, without limitation, comments, messages, photos, job posts, articles, feeds, files, feedback, recommendations, audios, videos, and resumes. User Content shall remain the intellectual property rights of users. Nothing under these Terms of Service shall be construed as Devcurate Co., Ltd or a third party claiming rights to any User Content. However, in order for us to host your User Content on Devcurate, you must first grant us a license. Therefore, by uploading User Content on Devcurate, you grant us a non-exclusive, sublicensable, royalty-free, worldwide, perpetual license to host, process, publicly perform or display, modify, translate, reproduce, sublicense, and adapt your User Content on Devcurate and any media available to us. You hereby acknowledge and agree that User Content submitted in public areas (subject to your privacy settings) will be publicly available to other users and visitors from search engines. You hereby waive any privacy rights you have with respect to any User Content submitted to public areas on Devcurate. You have the right to withdraw your license at any time by deleting said User Content from Devcurate or closing your user account. However, your withdrawal of license shall not apply to copies made by other users or those they have shared with other services. As with User Content, we do not represent that we screen, review, or monitor User Content for violations of these Terms of Service before they appear on Devcurate. User Content does not represent our endorsement; therefore, to the fullest extent permissible by law, we shall not be liable to you for any losses, damages, costs, liabilities, or expenses incurred from any User Content on Devcurate. Nevertheless, we want Devcurate to be safe for all users; therefore, we will do our best to monitor, screen, or review User Content for violations of these Terms of Service or any ethical standard before or after they are posted on Devcurate. We also require your help to help us report User Content you believe violate these Terms of Service or any ethical standards. Notwithstanding, by submitting User Content on Devcurate, you warrant that your User Content will NOT: Infringe on any user or third-party copyright, privacy right, or other intellectual property rights. Go against any provision of these Terms of Service or any ethical standards. Encourage, aid, or constitute any criminal acts or support the violent takeover or rebel against any government of any location. Contain links to materials that go against these Terms of Service or any applicable law, statute, regulation, or provision. Contain any misrepresented, untrue information or promote any unwanted or unsolicited service. Contain any lascivious, filthy, indecent, intimidating, ridiculous, mocking, or insulting content or materials to other users or third parties. Contain any pornographic content, including content that portrays children pornography and sex trafficking. Contain any abusive, physical, or wrongful comment or information about a group, sex, race, community, organization, national origin, gender, or religion.

  10. Prohibited activities

    We want Devcurate to be safe for all users to access. You agree that when using Devcurate and the Services, you will NOT: Access or use Devcurate and the Services in any manner that is deceptive, unlawful, or that violates the provisions of these Terms of Service or any applicable law, regulation, statute, or provision. Share, license, sell, or transfer your account to a third party without our written approval. Access or attempt to access or override any portion or security of Devcurate or use the Services to which you do not have proper access (for example, where you attempt to access a certain Service which you have not paid the relevant subscription fee for). Transmit any bugs, viruses, trojan horses, worms, malware, or spam, or send unsolicited marketing messages to users via comments or their inboxes. Interfere with the smooth running of the networks and servers that make up Devcurate, including by transmitting User Content that place unreasonable loads or burden on Devcurate. Attempt to decipher, decompile, disassemble, reverse-engineer, or find out the source code that makes up Devcurate. Use Devcurate with the mission to study the Services to compete with us. Represent that you are endorsed or affiliated with us to other users or third parties without our written agreement to that effect. Attempt to obtain or scrape information or files from Devcurate using any bots, software, scripts, or other means, including web crawlers, plugins, and add-ons. Violate the copyright, patent right, privacy right, or other intellectual property rights of Devcurate Co., Ltd, other users, or third parties without written consent.

  11. Term, termination, and survival

    These Terms of Service shall commence the minute you create a user account on Devcurate, and it shall remain in effect for as long as your user account is active. For any subscription, the term shall commence on the date of your payment and shall end on the last day of your subscription plan – unless earlier terminated by us for any breach. You may terminate your account and these Terms of Service by requesting to close your account at support@devcurate.co. Notwithstanding, we reserve the right to terminate, suspend, limit, or restrict your use of Devcurate and the Services at any time for any reason, including for breach of any provision in these Terms of Service. Upon terminating your account, you will be immediately prevented from accessing the Services. If these Terms of Service are terminated, some provisions shall remain effective. They include (i) your license to use any feedback or suggestion provided to us, and (ii) our disclaimers, governing law, general terms, and prohibited activities.

  12. Disclaimer of warranties

    Although we want and strive to provide the Services and Devcurate in a great way, we cannot always promise you will get the best experience. To the maximum extent permitted by applicable law, Devcurate and the Services are provided to you “AS IS” and “AS AVAILABLE” without warranties of any kind – whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a specific purpose, title, or non-infringement. We make no warranties that (i) Devcurate or any content or information available through it – including from Recruiters, Talents, or third parties – is safe, reliable, accurate, or complete; (ii) Devcurate or the Services will operate uninterrupted, error-free, or secure; (iii) Devcurate is free from bugs, worms, trojan horses, viruses, or other harmful software introduced by third parties; (iv) the data you provide on Devcurate is secure, safe, or free from unauthorized access, misuse, or theft; or (v) we endorse any post, skills, information, or data from any Recruiter or Talent.

  13. Limitation of liability

    To the fullest extent the applicable law permits, in no circumstances shall Devcurate Co., Ltd (or any of our licensors, affiliates, agents, employees, or subsidiaries) be liable to you or any third party – whether based on contract, tort, negligence, or otherwise – for any indirect, consequential, incidental, exemplary, special, or punitive damages, including damages or loss of data, profit, goodwill, revenue, or other intangible damages that may occur as a result of your use of Devcurate, any content, or the Services – even if we may have had prior knowledge of the occurrence of such damages. Notwithstanding the above limitation, in the event Devcurate Co., Ltd is found liable for any losses or damages (no matter the course of action), our total liability shall not exceed the greater of (i) the total fees you paid to use the Services in the past 3 months before your claims; or (ii) the sum of $500. The limitations above shall not apply to any liabilities caused by fraud, negligence, misrepresentation, or any non-excludable liabilities provided under applicable laws. Some jurisdictions do not allow the exclusion of some of the limitations above. If this applies to you, then some of the exclusions and limitations above may not affect you, and you may have additional rights.

  14. Indemnity

    You agree to defend, indemnify, and hold harmless Devcurate Co. Ltd (including our licensors, affiliates, agents, employees, subsidiaries, or partners) from and against any losses, liabilities, damages, demands, claims, and expenses (including reasonable attorneys’ fees) made by any third party because of your access and use of Devcurate or the Services; your User Content; or your breach of these Terms of Service, any applicable laws, or your representations and warranties.

  15. Copyright infringement claims

    Devcurate permits users to submit User Content that – by right – belong to them only. We take the case of copyright and other intellectual property infringement cases strictly. If you are a user or a third party who believes any User Content on Devcurate infringes on your copyright and you did not license the User Content to the alleged infringer, you may reach out to us at support@devcurate.co or contact us to report it to us. The information to be sent and the procedure for reporting are laid down in our Copyright Infringement Claims document.

  16. Governing law and jurisdiction

    These Terms of Service, the entire Services, and any disputes arising therefrom shall be governed by and settled by the laws of Thailand without regard to conflict of law and its provisions. All disputes regarding Devcurate shall be brought to the courts located in Thailand. You hereby agree to the governing law and jurisdiction.

  17. Third-party links

    Devcurate may contain links to third-party services, adverts, websites, apps, offers, and events (“Third-Party Links”) that are not controlled, endorsed, or checked by us for accuracy, safety, or reliability. If you access any Third-Party Links via Devcurate, be aware that they have their terms and policies that control how they operate. Therefore, your access and use of any Third-Party Link is at your sole risk. We will not be responsible for any liability arising from your access or use of any Third-Party Links on Devcurate. We advise that you review their terms and policies before committing to them.

  18. Changes

    We reserve the right – for any reason or no reason at all – to discontinue, suspend, change, or modify a portion of the Services or any feature on Devcurate. You understand that by so doing, we will not be liable for any loss or damage that may accrue to such actions. Likewise, we reserve the right to review, modify, or change any portion of these Terms of Services at any time for any reason, including changes to the Services or any applicable law, regulation, statute, or provision. If these Terms of Service undergo any changes, they will immediately become effective, and the date they changed will be posted along with the changes. We reserve the right to notify you – via any related notification channel – about any changes to these Terms of Service. By your continued use of the Services after any changes to these Terms of Service, you represent your consent to be bound by such changes. Your only option, if you do not consent to any changes, will be to discontinue your access and use of Devcurate and the Services.

  19. Export controls; sanctions

    You agree that by using Devcurate, you are not (i) located in any location that is subject to any US or any foreign export controls, laws, and regulations; (ii) in any country that is a target of the US trade sanctions; (iii) identified in a list of persons prohibited, such as the US Treasury Department’s list of Specially Designated Nationals and Blocked Persons; or (iv) a target of any US sanctions. You are responsible for complying with any and all applicable export control laws and regulations.

  20. General terms

    You agree that these Terms of Service and the referenced terms and policies that apply to your account type constitute the entire agreement and understanding between you and Devcurate Co., Ltd with respect to Devcurate and the Services. You further agree that these Terms of Service prevail over any prior agreements and understandings – whether oral or written – in relation to the subject matter hereof. You agree that Devcurate Co., Ltd may assign its rights and obligations under these Terms of Service to third parties. And that you, on the other hand, are not permitted to assign, transfer, license, or lease your rights – including your user account – to a third party without our written approval. You agree that any provision under these Terms of Service, which may be found to be invalid or unenforceable, shall be severable or removed from these Terms of Service, and it shall not affect the validity or enforceability of the remaining provisions. Any notice you give to us under these Terms of Service shall only apply when given via our email address or contact form. Any notice we give to you shall be valid via your account dashboard or account-associated email address. You agree that any rights that we do not enforce under these Terms of Service at any point shall not limit our rights to enforce the same right at a later date or on similar violations. No waiver under these Terms of Service shall be valid unless we give it in writing. You agree that Devcurate may not always run 24 hours every day – even though we will do everything commercially that it does. You agree that Devcurate may go offline for reasons, such as maintenances, system failures, and downtimes. However, in the event that Devcurate becomes unavailable due to the aforementioned reasons, we will not be liable for your inability to use the Services. You further agree that we will not be liable for any loss or damages incurred from any delay or failure to provide the Services due to causes beyond our reasonable control, including, without limitation, wars, government actions, riots, server or internet breakdowns, or acts of God.

  21. Contact information

    You may contact us or use the contact information below if you have any requests, questions, queries, complaints, complaints, ideas, ideas, suggestions, feedback, or opinions about features, issues, or services on Devcurate.

    support@devcurate.co
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