These Terms of Service were last updated on February 26, 2018.
These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you (“EMPLOYER” or “JOBSEEKER” or “You” or “Your” as applicable) and Philippine Star (“PHILSTAR”, “We”, “Us”, or “Our” as applicable”) governing your access or use of the PHILSTAR’s Career Guide Website (“collectively, “Services”) as more fully defined below in Section 2.
BY CLICKING ON THE CHECKBOX “I HAVE READ AND I ACCEPT THESE TERMS OF SERVICE”, YOU THEREBY AGREE TO ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). Furthermore, Your assent, given electronically, will give rise to the same legal effect as if it had been personally signed by You. To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Service for future reference.
Section 1. Definitions
The following terms will have the following meanings in this Agreement:
Section 2. Philstar and Our Services
Incorporated under Philippine laws, PHILSTAR is a Philippine news and entertainment portal for the Filipino global community. It also carries content from the STAR Group of Publications, a leading print publisher of newspapers and magazines in the Philippines. In furtherance of PHILSTAR’s vocation to enrich Filipino lives, the PHILSTAR Career Guide Website was launched to serve as an online platform for EMPLOYERS who are looking to hire and JOBSEEKERS who are seeking employment within the Philippines.
Our Services enables an EMPLOYER to submit a job post advertisement and a JOBSEEKER to respond to said advertisement by submitting their resume or curriculum vitae via the Website.
Section 3. Eligibility for Use of Our Services
Section 4. Usage of Our Services
Section 5. Use or Access
You are solely responsible for all the fees and costs incurred, including but not limited to service, data charges and/or other that may be associated with Your use and access to the Services, as well as for obtaining and maintaining all services, software, computer hardware, and other equipment required for such use and access.
Section 6. Registration Procedure
Section 7. Employer Administration Panel Features
Section 8. Payment for Purchase of Job Post Privileges
Section 9. Job Posting Features
Section 10. Job Posting Conditions
Section 11. Effectivity, Accessibility Period and Termination
Section 12. Account Termination
PHILSTAR reserves the right to terminate the use of its Website and other services to any EMPLOYER that violates any provision of this Contract, or for any reason, makes a misrepresentation of facts or otherwise, misleads PHILSTAR in the nature of their business activities, regardless of any payment made by the EMPLOYER to PHILSTAR. In case of such termination, said payment shall be considered forfeited in favor of PHILSTAR.
Furthermore, in the event of account termination for whatever reason, PHILSTAR reserves the right, at any time, to delete all account information, including but not limited to saved EMPLOYER Profile Information, Job Seeker resumes or curriculum vitae, network contacts, and email mailing lists.
Section 13. Cancellation/Deletion of Job Post Advertisement
Section 14. Force Majeure
PHILSTAR shall not, under any circumstances, be liable to the EMPLOYER for failure to perform or a delay in the performance of its obligations under this Contract, if the performance of such obligation is prevented, restricted or interfered with by an event of Force Majeure, including but not limited to earthquake, typhoon, flood, fire, war, civil disturbance or other unforeseen event of which the happening and consequences cannot be prevented or avoided. Upon knowledge of the occurrence of any event of Force Majeure, PHILSTAR shall give prompt notice and the necessary particulars thereof to EMPLOYER as soon as practicable.
Upon the occurrence of any force majeure, PHILSTAR may, at its option, fully or partially suspend performance of its obligations hereunder while such event or circumstance continues. If the force majeure shall continue for a period fifteen (15) days, PHILSTAR may forthwith terminate this Contract upon giving notice to the EMPLOYER.
Section 15. Representation
The EMPLOYER hereby warrants the truthfulness of the information in the Job Post Details page. If any information is found to be incorrect based on fraud or misrepresentation of the EMPLOYER, PHILSTAR reserves the right to revoke this Contract and hold the EMPLOYER liable for damages as a result of the fraud or misrepresentation.
Section 16. Expenses
Except as otherwise expressly provided herein, each Party shall be responsible for its own costs and expenses, including counsel fees, incurred in connection with the transactions contemplated by this Contract.
Section 17. Indemnity
The EMPLOYER agrees to defend, indemnify, and hold PHILSTAR, its stockholders, directors, officers, agents and/or its employees, harmless from any and all losses, liabilities, damages, injuries, claims, demands, costs, actions, suits, settlements, judgments, and all other expenses (including without limitation attorneys’ fees and costs) incurred in any manner from this rental transaction, including claims of, or liabilities to third parties.
Section 18. Governing Law; Dispute Resolution
This Contract and any disputes hereunder shall be governed by and construed in accordance with the laws of the PHILIPPINES. The Parties shall first discuss and attempt to resolve amicably any dispute arising out of or in relation to this Contract. Any such dispute not resolved amicably shall be subject to the exclusive jurisdiction of the courts of Manila, to the exclusion of all other courts.
Section 19. Confidentiality
During the effectivity of this Contract and within a period of two (2) years from the cancellation hereof, the EMPLOYER shall not, at any time or in any manner, directly or indirectly, divulge, disclose, or communicate to any person, firm, corporation, or other entity in any manner whatsoever, any information concerning the business of the PHILSTAR, its manner of operation, its financial condition, its system and procedures, other data relevant thereto, whether or not such information is specifically regarded by the COMPANY to be confidential. Should the EMPLOYER breach the provisions of this section, the EMPLOYER shall be liable to the PHILSTAR for liquidated damages, among others, for each breach, without prejudice to any other right or remedy it may have under law or equity.
Section 19. Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed through PHILSTAR Services are PHILSTAR registered or unregistered Trademarks, or of PHILSTAR suppliers, or third parties, and are protected pursuant to applicable trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall continue despite the expiration or earlier termination of these Terms of Service.
Section 21. Right to Amend
Except for any provisions determining the primary contractual obligations between You and PHILSTAR, PHILSTAR has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, market conditions, technology, payment methods, relevant laws and regulatory requirements and in system capabilities. Changes are effective immediately upon posting and Your continued use of any of Our Services following the posting of revised Terms of Service means that You accept and agree to the changes, to the extent permitted by applicable laws.
Section 22. Injunction
EMPLOYER acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause PHILSTAR irreparable damage, for which the award of damages would not be adequate compensation. Consequently, PHILSTAR may seek an injunction to prevent EMPLOYER from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and PHILSTAR may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief that PHILSTAR may be entitled by law or in equity.
Section 23. Governing Law and Venue
These Terms of Service shall be construed and governed by the laws of the Philippines, without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the courts of the Philippines and You expressly waive any objection to personal jurisdiction, venue or forum non-conveniens. Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Service (including, but not limited to, any claims of breach of contract, tort, infringement), You agree that all such disputes/claims shall be resolved by means of a court trial conducted in the Philippine courts, and You expressly waive any right it may otherwise have to any trial outside Philippine jurisdiction.
Section 24. Notices
Legal notices may only be sent to the office address of PHILSTAR at 202 Roberto Oca corner Railroad St, Port Area, Manila. However, notices to You may be sent either to the email address or home address You supplied in Your account information. In addition, PHILSTAR may broadcast notices or messages through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to You to the extent permitted by applicable law.
Any notice or communication under these Terms of Service shall be deemed delivered to the party receiving such communication (a) if by personal delivery, on the delivery date; (b) if by registered mail or private courier, on the date of receipt by party after verification from the private courier or post office; (c) if by email, on the delivery date; or (d) within three (3) days after PHILSTAR posts a notice on the Website.
Section 25. Force Majeure
PHILSTAR shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure”). Force Majeure includes any act, event, non-happening, omission or accident beyond PHILSTAR’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fiber optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
Section 27. Severability
If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.
Section 28. Waiver and Amendment
Any failure on the part of PHILSTAR to insist upon strict performance of Your obligations under any of these terms and conditions or any failure on the part of PHILSTAR to exercise any of the rights or remedies to which it is entitled under these Terms of Service shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. No waiver by PHILSTAR of any default will constitute a waiver of any subsequent default, and no waiver by PHILSTAR of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
Section 29. Geographic Restrictions
Software, functionality, and/or features (collectively, “Service Functionality”), that may be available on or through Website from time-to-time, is subject to applicable laws. Although the Website may be accessible worldwide, PHILSTAR makes no representation that materials on the Website are appropriate or available for use in locations outside the Philippines, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.