Terms of Service
1.1. Services We Provide
We will provide our Services via CakeResume website and CakeResume App to users including:
Visitors can browse information on our website for free, e.g., articles, resume templates, community posts, and job vacancies.
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.
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.
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:
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.
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:
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
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. 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.
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.
6.1. 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:
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:
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:
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:
Taiwan Employment Service Act
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.