Terms of Service
“CakeResume” (hereinafter referred
to as “CakeResume” or “Services”)
is a service provided by Trantor Tech, Inc. (hereinafter referred to as “the
company” or “we” or “us”). To protect
your rights and interests, all of the users (including
“Visitor” and “Member”, hereinafter referred to as “you” or “users”) of our
Services, please read this Terms of Service (hereinafter referred to as “Terms
of Service”) carefully when you access our Services. By clicking “Build My
Resume Now”, “Search Job”, “Sign Up” or similar, registering, accessing, or
using our Services (described below), you are agreeing to enter a legally
binding contract with us (even if you are using our Services on behalf of a
company). Your use of our Services is also subject to our Privacy Policy and
updates, which cover how we collect, use, share, and store your personal
information.
We may modify this Terms of Service (hereinafter
referred to as “Agreement”) and our Privacy Policy in relation to changes in the law, best
practice or changes in our Service via announcement on our website. The
revised Agreement will be effective after being published on our website. Your continued use of our Services
after we publish our changes to these terms means that you are consenting to
the updated terms as of its effective date (the date of the publishment
date of the updated Agreement on our website). If you object to any changes, you may stop using our
Services and we may also stop providing Services without indemnification or any
liability to you.
1.1. Services We Provide
We will provide our Services via
CakeResume website and CakeResume App to users including:
I.
Visitor:
Visitors can browse information on our website
for free, e.g., articles, resume templates, community posts, and job vacancies.
II.
CakeResume Member (hereinafter referred to as “Member”): Registered users of our
Services (according to clause 2. Member Registration).
A.
Members can control their personal
information, e.g., adding, uploading, modifying, and deleting.
B.
Member can use “Job Postings
Services”
●
Post job vacancy information.
●
Manage the application information
submitted by Member, e.g., cover letter, profile, resume, portfolio.
C.
Member can use “Talent Search
Services”
●
Search for the following information
of Member and use it:
personal files, resumes, portfolios;
and contact details (e.g., email, phone number).
D.
Member can subscribe to our pricing
plan of advanced services.
1.2. Changes to Services Content
Users
understand and agree that we may, in our discretion and at any time, change the
content of Services (e.g., user interface, algorithm, scope, or functions of
Services) and may also update Services from time to time, but we have no
obligation to do so. We also have no obligation to provide continuous technical
support and maintenance for any Services content. We will announce the material
changes by publishing the announcement on our website.
2.1. Qualification
To use the
Services, the individual user must be the “Minimum Age” * (described below) or
older. “*.
If you are
individual user, using the Services means that you are “Minimum Age” or older
and you only have one CakeResume account, which is in your real name.
Creating
an account with false information is a violation of the Agreement, including but not limited to
accounts registered on behalf of others or persons under the age of 16.
* Minimum
Age” means 16 years old. However, if law requires that you must be older for us
to lawfully provide the Services to you without parental consent, including
using your personal data, then the Minimum Age is such older age. Minimum age
for conducting without parental consent in the following countries are:
Taiwan: 18
years old
United
States: 16 years old
(The
minimum age stated above may be changed in accordance with the updated laws of
these countries.)
2.2. Certification of Member
When users
register for Member, they need to choose to fill in the Member information
according to our request, or choose to log in with a Facebook account, Google
account, Twitter account, Apple account, or other methods provided by us and
provide the required relevant documents or information in the registration
process. Those who want to use all functions of the Services should complete
the registration and certification process.
If you
register the Member account for your company, you should ensure that you have
been authorized by your company, and provide the company certificate, copy of
the ID card of the representative of your company and other certification
documents upon our request to avoid theft of your account. We reserve the right
to verify whether the user of the account is a company Member or not.
2.3. Reminder
To protect
the rights and interests of Member, please remember that if you access the
Services through your Member account on the devices not owned by you, you must
log out your account after you use of the Services. If you share your computer
or any devices with others, you must log out and close the browser to prevent
others from getting your personal information.
Please
remember that when you post or make any comment on the Services, you should
ensure that you do not violate any contractual obligations such as
non-disclosure agreements. You should be solely liable for the violation of the
contractual obligations if any.
2.4. Circumstances that We may Refuse your Registration
We may
limit the number of Member accounts that the same person or entity can apply
for registration. We reserve the right to agree the registration of Member
account. We may not agree the registration, if:
I.
non-human behavior or same account
used by multiple users;
II.
false Member information;
III.
under “Minimum Age” ruled in clause
2.1. Qualification;
IV.
unclear email address;
V.
application from those who have been
suspended for violating the
Agreement, or our related usage specifications, regulations; and
VI.
other conditions that do not meet
our requirements to Member registration.
3.1. Provide Correct Information
You shall
guarantee that all information provided is correct. You shall provide us with
accurate, complete registration information and inform us of any changes to
such information. If not, we reserve the right to suspend or terminate your Member account without prior notice, and to refuse your
access to all or part of the Services.
3.2. Confidentiality
You are
solely responsible for the confidentiality and use of the user ID and password
of your account. Each account is for the personal use of the registered Member
only. You may not share your log-in details or password with others. The
account cannot be transferred, gifted, or inherited. You should keep the
password of your account safe to prevent from being theft and misappropriated
by others. Any comments and activities done by the account will be regarded as
the behavior of the registered Member and shall be liable for them.
If you
decide not to use your account anymore, you may apply for permanent deletion of
your account to us, but we may still retain some data and transaction records
of the account within the statutory period according to the relevant law or
regulation.
If you
become aware of the loss, theft or unauthorized use of any password or user ID
by others, you should immediately notify us to take appropriate actions.
However, such actions shall not be interpreted that we expressly or implicitly
have any form of liability to you. We shall not be liable for any damages
caused by improper use of your account or password by others due to your custodial
negligence or failure to comply with this clause of the Agreement.
You
understand and agree that we provide different pricing plans of different
advanced services, and you can decide whether and which pricing plan to
subscribe. Member can still use other Services provided without charge.
You
understand and agree that the pricing plan and its price may be changed
according to our business plans, and some free Services may be charged under
pricing plan in the future. You can find the latest pricing plan on our
website. Further details can be found in Subscriptions
Terms of Service.
Pricing
plan introduction:
I.
The subscription period is divided
into monthly, quarterly, and annually, all of which will be automatically
renewed. To stop auto-renewal, you need to cancel the subscription, and then
the subscription will be stop upon the expiration date of then-current
subscription period.
II.
Only Member who subscribes for the
first time is entitled to our refund policy for 7-day guarantee period. To
request such refund, you need to cancel the subscription within 7 days after
payment and contact us at [email protected]. The details of this refund policy can be found in Subscriptions
Terms of Service.
III.
We will not store your credit card
information. The payment, which include credit card payments, is entirely
processed by the online payment system operated by a third party.
IV.
When using credit cards issued in
different countries, there may be a handling fee, which should be paid by the
Member who subscribes the pricing plan.
V.
If the price of the plan you
subscribed is modified after your subscription, such modification will not
affect your then-current subscription price. After then-current subscription
expires, the plan will automatically be stopped without renew. The new price
will only be applied to your new subscription to the updated pricing plan.
3.4. Notices and Messages
You agree
that we may provide notices and messages about the Services to you via the
Services, or send to the contact information you provided, e.g., email, mobile
number, physical address.
You
understand and agree that any information you share on CakeResume may be
viewed, copied, and used by anyone on the Internet. You may change the settings
of your account to restrict who may review your CakeResume profile or personal
information.
In
addition, if you don't want your resume to be appeared in the search results of
Google search engine, you can also find the method to change the settings in
the FAQs
to make it visible only to those with the link of your resume or any employer
users on CakeResume
4.1. Your License to CakeResume
You own all of the content and personal information you provide
through CakeResume. You agree to authorize us, to the extent permitted by law,
to use the information you provide through CakeResume, including but not
limited to Member information, the content you post in the community, and the
algorithm to your preferred recommendations or adds. We do not need further
consent from you or any payment to you for such use. You may find the details
regarding how we use your personal information on our Privacy
Policy.
CakeResume
is not a storage service provider. We don’t promise to keep or maintain any
information and content that you’ve posted. You agree that we have no
obligation to store, maintain or provide you a copy of any content or
information provided by you or others unless otherwise required by law and
stated in our Privacy
Policy.
CakeResume
is a platform for creating and sharing personalized resumes. We are not
responsible to identify or judge the accuracy of the information and comments
posted by users. You may encounter content or information that might be
inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise
harmful. We may not be able to prevent the misuse of our Services by users. You
agree that we are not responsible for others content or information or any
misuse of our Services by users, including but not limited to any errors or
omissions, and any loss arising from transmission through the Services. If any
user violates the law,
Agreement, or our Privacy Policy, the user should be liable for the
resulted civil or criminal liability or any damage to third party.
We reserve
the right to limit or suspend your use of the Services and to restrict, suspend
or terminate your account if you breach the Agreement, or the law or are
misusing the Services or any other reason, determined at our own discretion,
including but not limited to account inactivity, violation of court or
government orders, inappropriate content, illegal behavior or content, damage
to the CakeResume brand and business, unpredictable technical or security
factors or problems and unauthorized data extraction using web crawlers or other tools. We can restrict the user's right to use the Services
without prior notice and can also terminate the provision of the Services. If
the user has a Member account, we can also suspend,
close, or delete all relevant information, files, and rights in the account.
5. Disclaimer
and Limit of Liability
WE MAKE NO
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED CONCERNING THE SERVICES,
INCLUDING BUT NOT LIMITED TO THAT SERVICES WILL NOT BE INTERRUPTED, OR THE
ACCURACY OF INFORMATION POSTED BY USERS. THE SERVICE IS ONLY PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS, AND USERS SHALL BEAR THE RELEVANT RISKS WHEN
USING SERVICES.
TO THE
EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OF RIGHTS, INFORMATION CORRECTNESS,
NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO
EVENT WILL WE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFIT, BUSINESS
OPPORTUNITIES, REPUTATION, OR DATA THAT MAY ARISE DIRECTLY OR INDIRECTLY FROM
THE USE OF (OR FAILURE TO USE) OR RELIANCE ON THE SERVICES.
The
information on the Services (e.g., resumes, remarks) is posted by Members to
express their past work experience, works and other remarks. Any relationship
of rights and obligations (if any) shall only exists
between users. We provide a platform to create and share for users and the
relationship of rights and obligations between users should be coordinated and
resolved on their own.
We are not
liable for any express or implied promises or guarantees. We do not undertake
any obligation to remove or modify the resumes and remarks on the Services
unless it is determined by the court of the Republic of China that it infringes
right or reputation of others. However, we may, at our own discretion, remove,
modify, or refuse to remove any content provided through the Services.
6.
Prohibited Use on the Services
6.1. Users
agree not to use the Services for any illegal purpose or in any illegal way and
agree to comply with all applicable laws of the Republic of China and all international custom for
using the internet. If the user is located outside of the Republic of China,
the user agrees to follow the laws of the country or region applicable to the
user.
6.2. Users
shall not use the Services to infringe on the rights and interests of us and
others or to violate the Agreement,
including but not limited to:
A.
Publishing articles of commercial ads;
B.
Publishing a resume with the
hyperlink to illegal or inappropriate situations such as:
i.
Links that violate morality,
ii.
Links to inappropriate websites such
as gambling, fraud, viruses; or
iii.
URLs used for advertisements or
events, etc.
C.
Uploading, post, publish or transmit
anything defamatory, insulting, threatening, offensive, indecent, obscene,
false, rumor, speculation, unproven, criminal-inducing, contrary to public
order or morality or other illegal text, pictures, or any form of file on the Service;
D.
Violating the intellectual property
rights of others, including copyrights, patents, trademarks, trade secrets or
other proprietary rights;
E.
Breaching of confidentiality
obligations under the law or contract;
F.
Creating a false identity on
CakeResume, misrepresent your identity, create a Member
profile for anyone other than yourself, or use or attempt to use another’s
account;
G.
Illegal trading on the Services or
providing information related to gambling;
H.
Creating false message source or
interfering with the identification of transmission source.;
I.
Interfering with the operation of,
or placing an unreasonable load on, the Services (e.g., spam, denial of service
attack, viruses, gaming algorithms);
J.
Posting anything that contains
software viruses, worms, or any other harmful code that may infringe on the
system and data of the Services;
K.
Tracking with or interfering with
others or collecting other users’ personal information for illegal purposes.;
and/or
L.
Other inappropriate acts.
If any of
the circumstances above happens, to protect the rights and interests of us and
third parties, or to avoid damage or expansion of disputes, we may directly
remove the relevant information without prior notice, restrict violator’ use of
Services. If the violator has a Member account, we may
suspend, terminate the Member account, or delete all relevant information,
files, and account rights in the Member account. You agree that we may publish
a list of suspended account/ user on the website at any time. The violator
shall be responsible for all relevant liabilities and the resulted damages to
us, our employees (e.g., attorney fees, legal fees and
investigation expense) and third parties.
7.
Termination of Services or Agreement
7.1. Services Terminated out of System Maintenance or Service
Interruption
We are
entitled to suspend or terminate all or a portion of the Services in the
circumstances as stated below, which may cause inconvenience, data loss,
errors, tampering or economic loss. You should take your own protective
measures when using CakeResume. And you agree that we shall not be liable or
deemed to be in default for any delay or failure in performance or interruption
of the Services that may result directly or indirectly from any cause or
circumstance beyond our reasonable control. Such circumstances are included but
not limited to the following situations:
I.
Necessary maintenance, construction
and sudden failure of software, hardware, and electronic communication equipment;
II.
Relocating, replacing, upgrading,
maintaining, or repairing the software and hardware equipment related to the Services;
III.
The violation of laws or the
Agreement by user;
IV.
The Services are suspended,
interrupted, or cannot operate normally due to the actions of third parties,
matters beyond the control of us, or other reasons not attributable to us;
V.
The Services are suspended,
interrupted or unable to operate normally due to natural disasters or force majeure;
VI.
Prolonged inactivity of the Member
account; and/or
VII.
Business considerations such as
business mergers, closing business, etc.
7.2. Termination of Agreement
You may
terminate the Agreement at any time by closing your account. We may, in our discretion, terminate or
suspend your access to or use of all or part with or without cause by
delivering notice to you.
You
acknowledge and agree that if your account is closed, you will lose the right
to access all or a part of our Services. However, we may still retain some
electronic data and transaction records of the account within the statutory
period according to the requirement of the related laws. In addition, you agree
that we have no liability to you or any third party if the use of the Services
is suspended or terminated.
The
followings shall survive any termination of the Agreement or your Account:
I.
Rights of other users to further
re-share and information you shared through the Services;
II.
Clauses 5, 6, 9, 11 and 12 of the Agreement;
III.
Any amount owed by either party
prior to termination and remain owed after
termination.
Users must
not violate the laws of the Republic of China or public order and morality. If
the resume content, videos, photos, and recruitment information uploaded to the
Services have violated the laws or public order and morality, we may refuse to
continue to provide the Services. You agree to defend, indemnify
and hold harmless us from any claims and expenses, including reasonable legal
fees, related to any breach of the Agreement, laws of the Republic of China or public order and
morality by you.
User who
violates the laws (e.g., Employment Service Act of Republic of China) or
conducts illegal activity such as posting false job vacancies to scam, shall be
liable for resulted damages thus caused to us and third parties.
9. Intellectual Property Rights
The
Services are owned and operated by us. The visual interfaces, graphics, design,
compilation, information, data, computer code, products, services, trademarks,
and all other elements of the Services (“Materials”) provided by us are
protected by intellectual property and other laws. All Materials included in
the Services are the property of us. You acknowledge and agree that you shall
not acquire any ownership rights by using Materials or subscribing our pricing
plan. We reserve all rights not granted expressly in the Agreement. It is your
obligation to respect intellectual property rights. If you violate, you shall
be liable for damages to us, including but not limited to legal costs and
attorney fees, etc.
You
warrant that you have the right to or authorize others to use, modify,
reproduce, publicly broadcast, adapt, distribute, publish, and publicly publish
the information you provided and that will not infringe on the intellectual
property rights of any third party, otherwise you shall be liable for damages
thus caused, including but not limited to legal costs and attorney fees, etc.
Once you upload, transmit, input, or provide any information to the platform of
the Services, you are deemed to have allowed the Services and users of the
Services to unconditionally use, modify, reproduce, publicly broadcast, adapt,
distribute, publicly publish such materials for the purpose of public welfare
or the use of the Services, and you have no objection to the aforesaid rights
to be delegated to others.
If any
content or information on CakeResume is claimed to infringe on any third party,
we have the right to remove the information immediately.
We respect
the intellectual property rights of others. We require that information posted
by Members be accurate and not in violation of the intellectual property rights
or other rights of third parties. To promote the objectives, we have an
internal intellectual property rights complaint policy concerning content
posted by our Members. If you are aware of any
infringement on your intellectual property rights in CakeResume, please contact
us via email as specified in clause 14. We will investigate according to the
policy and take corresponding action.
10. Legal Permission of Each Countries
We are a
private employment service institute approved and established under relevant
laws of different country as details in the following form:
|
Country |
Relevant Law |
Permission |
Business Location |
Permitted Range |
|
Taiwan |
Taiwan Employment Service Act |
No. 3274 |
12F., No. 287, Sec. 3, Nanjing E. Rd., Songshan Dist., Taipei City, Taiwan (R.O.C.) |
Job introduction, human agency, and accepting entrustment to recruit employees, except for those between Mainland China and Taiwan |
11. General Terms
The titles
of the clauses in the Agreement are for reference only and do not affect the
interpretation, directions and understanding of the relevant clauses. The
Agreement is the only agreement between us regarding the Services and
supersedes all prior agreements for the Services. If we don't act to enforce a
breach of the Agreement, it does not mean that we have waived its right to
enforce the Agreement. You agree that the only way to provide us legal notice
is at the email addresses provided in clause 12 of the Agreement.
12. Governing Law and Jurisdiction
The
provisions in this Section regarding Governing Law and Jurisdiction apply only
to users outside of Taiwan. The Agreement and related rules of Services shall
be governed by and construed in accordance with the laws of the
Taiwan. All parties irrevocably agree that Taiwan Taipei District Court
shall be the court of competent jurisdiction for the first instance over any
disputes between users and us due to the Agreement and related rules of
Services.
For
general inquiries, you may contact us online.
For legal notices or service of process, you may contact us by email to
[email protected].
