DEVCURATE
The next generation career platform dedicated to the global impact sectors
Terms of Service
Background
Effective Date: 1 July 2019
  1. Definitions

    In these Terms, the following terms have meaning as follows:

    “Career Coaching Service”

    refers to our service provided to help the Talents develop their professional skills to achieve their career goals;

    “Career Matching Service”

    refers to our service provided to match the Talents with our Devcurate Organization Partners based on the Talents’ professional skills and experiences;

    “Devcurate Organization Partners”

    refer to organizations who register to Our Site by their Recruiters to find candidates qualified for their job opening requirements;

    “Devcurate Coaching Partners”

    refer to independent career consultants selected by the Talents for their career coaching session;

    “Privacy Policy”

    refers to our privacy policy published on the Site; and

    “Talents” / “Members”

    refer to user who register on Our Site for curated job opportunities and career coaching service. “Dedicated” Members refer to fee-paying users who are entitled to dedicated services provided byDevcurate, whereas “Regular” Members and non-paying users.

  2. Devcurate Services
    1. Devcurate is a dedicated network for impact-driven people and organizations. Our intelligent solution provides valuable workforce insights and optimizes recruitment productivity while building the most career-ready talents. Devcurate provides the following services on or through the Site:
      • Career Matching Service: We help Our Devcurate Organization Partners to identify the right Talents and help the Talents optimize their chances of landing the right jobs by curating most promising matches.
      • Career Coaching Service: We work with our Talents to develop and nurture professional skills through our dedicated coaching programs.
      • (Career Matching Service and Career Coaching Service shall be hereinafter collectively referred to as the “Services”).
    2. The Services are provided by Devcurate on or through the Site.
    3. For the avoidance of doubt, Devcurate is not an owner or operator of any profiles, CVs, job applications, job openings or other information that is made available or provided on the Site by Devcurate Organization Partners or Talents. When providing the Services, Devcurate relies on the information provided by Devcurate Organization Partners or Talentsand we are not responsible if any information made available on the Site is not accurate, complete or current. Any reliance on the material on this Site is at your own risk.
    4. The information and materials contained on the Site is given for information purpose only and isnot to be construed as a solicitation to enter into any contractual relationship.
    5. Each User is solely responsible for their interactions with other Users. Devcurate may monitor User interaction in case of dispute or other events when Devcurate reasonably needs to accesssuch information. Devcurate may limit or prohibit your interaction with other Users.
  3. Eligibility
    • Our Services are available and may only be used by individuals who have reached the age of 20 or the legal age as defined by your country of residence.
    • If you are a company or a legal entity, you are permitted to use the Services only if you validly exist, have full legal capacity and are a company duly organized under applicable law of your jurisdiction.
    • By using and accessing the Site in any manner, you warrant and represent to us that you have reached the age of 20 or the legal age of your country of residence or have full legal capacity in case you are a legal entity.
  4. Accounts

    Certain features of the Site are accessible if you create an account with us. When creating an account with us, the User agrees to provide full, accurate and true personal data in its user profile. The User is required to make sure that all personal data required is accurate and correct, as we use this information to contact you in relation to any matter. The User shall update its personal data to keep it accurate and correct. The User shall be solely responsible for keeping its account password safe and confidential. In case of any unauthorized access, you should immediately contact our support team.

  5. Use of Services
    1. Subject to your compliance with these Terms, Devcurate hereby grants you a personal,non-exclusive, non-transferable and limited license to use the Services and the Site. Devcurate expects that the User complies with the terms and conditions of these Terms, Privacy Policy, other policies and applicable laws. You agree that you will not:
      • use the Site in any way or take any action that causes, or may cause, damage to Devcurate or impairment of the performance, availability or accessibility of the Site;
      • use the Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      • violate third party rights on the Site and/or cause harm in any way;
      • use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      • download, send, transmit or otherwise post and/or distribute unauthorized advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems and e-mail businesses, chain letters as well as use the Site for participation in any of the above;
      • collect and store personal data of other users without their proper authorization; and
      • attempt to gain unauthorized access to the Services or any third-party accounts by any means, including hacking and password mining.
    2. As a condition to make use of the Services, you agree not to use, store or transfer any content that:
      • constitutes a false, inaccurate, or misleading statement or omission;
      • impersonates any person or entity or otherwise misrepresents your affiliation with aperson or entity, or interfere with someone else’s use of the Services;
      • is obscene, defamatory, profane, discriminating, threatening, abusive, harmful, vulgar or indecent;
      • promotes racism, violence or hatred;
      • is erotic, pornographic or otherwise offensive; and
      • is protected by any patent, trademark, trade secret, copyright or other intellectual property right, unless you own such rights and have received all necessary consent.
  6. Violation of the Terms

    If Devcurate has any reason to believe that you violate these Terms, Privacy Policy, other policies and/or applicable laws, Devcurate reserves the right to suspend your access to all or certain parts of the Services, and/or terminate your access to the Site or deny the use of any Services.

  7. Career Matching
    1. Devcurate curates matches for the Talents registered as its Members. Basic matching for the Talents, either being “Regular” or fee-paying “Dedicated” Members, is a free service.
    2. Curation for Devcurate Organization Partners (matching talents and their personalized profiles with individual job openings) is a paid service.
    3. Devcurate is entitled to aggregate job openings from external sources, such as, withoutlimitation, open source job portals and other external job pools. Devcurate will curate such jobs to Talents.
    4. Devcurate will use AI-powered matching algorithm and video tools to select and curate best matches between the Talents and Devcurate Organization Partners using information submitted by the Talents and Devcurate Organization Partners.
  8. Career Coaching
    1. Career coaching is paid service that connects the Talents with Devcurate Coaching Partners who offer consulting services on career development for the Talents.
    2. Career coaching services are solely provided by Devcurate Coaching Partners and Devcurate shall not be responsible for such independent career consultants.
    3. The Talents may book Career Coaching Services on the Site and communicate with Devcurate Coaching Partners during the booked coaching session. If Devcurate Coaching Partner is unavailable at the scheduled session, please contact our support. We will send you an access code to be used for rebooking a coaching session.
    4. No refund is provided in the event that you fail to show up for your scheduled session or you fail to re-schedule your session in the event that Devcurate issues a rebooking code on grounds it deems reasonable. Subject to sole discretion of Devcurate, refund may be provided in the event that the Talent is prevented from participating in the scheduled sessions due to sickness, accident, death, war, riot, flooding, or any other reason beyond reasonable control of the Talent.
  9. Prices
    1. Devcurate will charge fees for the provision of paid Services. The detailed information about our fees is given on the Site. If you purchase our paid Services, you agree to pay us the relevant fees and you authorise Devcurate or our authorized payment processor to collect such fees on your behalf.
    2. All payments made on the Site are exclusive of taxes, duties, fees and other charges (“taxes”). The User shall be responsible for payment of all taxes and any related interest and/or penalties resulting from any payments made hereunder.
    3. Devcurate is entitled to revise its fees at any time without notice and/or consent of the User.
    4. Curation services for regular members are provided on a free basis. Career Coaching Service is provided at the rate indicated on the Site.
    5. Services for Dedicated Members are offered on an annual subscription basis. Dedicated Members enjoy a range of professional benefits, including dedicated personal coaching session and coaching services at a reduced rate. The subscription is automatically renewed for the next one-year term unless you cancel your subscription. The User may cancel the renewal of the subscription at any time, but no less than 30 days before the next billing cycle. Our annual subscription may change at any time. New pricing takes effect upon renewal of your subscription.
    6. Devcurate provides no refund, except for the case indicated in clause 8.4 above.
    7. Devcurate reserves the right to refuse to complete any transaction in the following cases, without limitation:
      • if we have reasons to believe that your transaction is fraudulent and/or illegal;
      • if you fail to comply with or violate these Terms, Privacy Policy, Other Policies or any applicable laws;
      • if your payment method is declined; and
      • if we are required to defend our rights or rights of other users.
  10. Proprietary Rights
    1. Devcurate is the sole owner or lawful licensee of all the rights and interests in the Site and the Services. You acknowledge and agree that the Site and the Services contain proprietary and confidential information that is protected by applicable intellectual property and other worldwide laws. All title, ownership and intellectual property rights in the Site and its content shall remain with Devcurate, our affiliates or licensors of the Site content, as the case may be. All rights not otherwise claimed under the Terms or by Devcurate are hereby reserved.
    2. You further acknowledge and agree that content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks (whether registered or being under registration), service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Devcurate or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such content or the Site, in whole or in part.
    3. Devcurate may use services of third parties involved in the provision of the Services (e.g., the payment processors). You may not violate proprietary rights and use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
  11. User Content
    1. By posting or displaying any information, content or material except for personal data which is governed by our Privacy Policy (“User Content”) on the Site, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Devcurate to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and forany purpose which may be beneficial to the operation of the Site and the provision of any Services. You confirm and warrant to Devcurate that you have all the rights, power and authority necessary to grant the above license.
    2. Subject to our Privacy Policy, you hereby grant Devcurate the right to share your User Content with our Devcurate Organization Partners and Devcurate Coaching Partners for the purpose of provision the Services to fulfil our contractual obligations.
    3. User Content that violates these Terms will be removed and may result in termination and/or removal of your User account without prior notice. If you become aware of User Content that you believe violates these Terms, you may report to us.
    4. Each User represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distributeor export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
    5. Devcurate reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Devcurate or other Users to liability, violates these Terms or is otherwise found inappropriate in Devcurate’s opinion. Devcurate reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
  12. Privacy Policy

    We will collect, store and use personal data in accordance with our Privacy Policy. Please read it carefully.

  13. No Warranties and Disclaimer
    1. The User agrees that all access and use of the Site is at his own risk. We cannot guarantee and do not warrant that such content and/or information is error-free, free of viruses, worms, free of harmful, illegal or other inappropriate language.
    2. We do not warrant that the Site will always be accessible and useable. We shall not be liable to the User if the Site is inaccessible or unusable in whole or in part, for any reason. Without prejudice to the generality of the foregoing, we will not be liable to you if the Site is inaccessible or unavailable in whole or in part for any reason beyond our reasonable control or because we are carrying out maintenance, upgrades, developments or the like. Please install and keep up to date virus-checking software for your hardware and software systems. You must ensure that your information technology is compatible with ours and that any hardware, software or communication link you may use is sufficient and appropriate.
    3. The Services contained in the Site are provided “as is”. We cannot ensure that information and materials provided on the Site is accurate, correct, reliable, exhaustive or complete on every subject. The User is solely responsible for use of any reliance on this information.
    4. Devcurate, its subsidiaries, affiliates, directors, officers, agents, employees, partners and licensors are not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the platform, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. Devcurate reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with Devcurate in asserting any available defenses.
    5. Under no circumstances shall Devcurate nor any of its subsidiaries, affiliates, directors,officers, agents, employees, partners and licensors be held liable for any delay or failure or disruption of the Services delivered through the platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation,Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, disease, pandemia, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
  14. Indemnity

    You agree to indemnify and hold Devcurate and its subsidiaries, affiliates, directors, officers, agents, employees, partners, licensors or others involved in creating, sponsoring, promoting or otherwise making available the Site, the Services and data, harmless from any and all claims, damages, losses or liabilities, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of any action, inaction or omission by you made on the Site or through the use of our Services, content you submit, post, transmit, modify or otherwise make available through the Site and Services, your use of theSite and the Services, your connection to the Site and the Services, your violation of the Terms, or your violation of any rights of another .

  15. Applicable Law and Dispute Resolution
    1. These Terms shall be construed and governed by the laws of Thailand without prejudice to its conflict of laws.
    2. In the event of any dispute arising out of or in connection with these Terms, the parties shall seek to negotiate a resolution within 7 days of such dispute arising. The parties shall act in good faith in order to resolve such dispute by way of negotiations.
    3. If any dispute is not resolved by negotiations within 7 days after the relevant written request has been sent, then such dispute shall be submitted and finally resolved by courts in Bangkok.
  16. Linked Sites

    This Site may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of Devcurate and we are not responsible for the contents, services or practices of any Linked Site in any manner. Devcurate makes no representations regardingthe contents or appropriateness of contents on such Linked Sites. When you access the Linked Sites from this Site, you leave this Site and you do so at your own risk. You are responsible for viewing and complying with the terms and conditions posted on the Linked Site.

  17. Miscellaneous Terms
    1. Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee or any other relations not directly stated in these Terms.
    2. If any provision of the Terms is held to be invalid or unenforceable, such provision shallbe deleted and the remaining provisions shall remain valid and be enforced.
    3. These Terms constitute the entire agreement between you and Devcurate with respect to your use of the Site and supersede and extinguish all previous agreements (made in oralor in writing) between the User and Devcurate relating to the subject matter hereof.
    4. Devcurate’s failure or delay to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Devcurate’s right to act with respect to subsequent or similar breaches.
    5. Devcurate shall have the right to assign its obligations and duties in these Terms to anyperson or entity without notice or consent of the User. User cannot assign its obligations and duties in these Terms to any person or entity.
  18. CONTACT INFORMATION

    If you have any question regarding this Policy, please contact us at
    support@devcurate.co or at:

    Devcurate Co., Ltd.
    50 Soi Ari 2, Phaholyothin Rd.
    Phaya Thai, Bangkok
    Thailand 10400
© 2020 DEVCURATE. ALL RIGHTS RESERVED.