Terms and Conditions for Recruitment Services
GoWin Tech, its subsidiaries and/or its affiliates are hereinafter collectively referred to as “GoWin Tech”, “Company”, “we”, “our” or “us”.
We provide various services including but not limited to recruitment, job posting (e.g., any recruitment advertisement “Job Posting”), and candidate match service (“Services”) through different forms, means, media, and channels, including the Company's app and website (collectively, the “Website”).
Access to and use of the content and Services on this Website is subject to these terms and conditions. You agree that your use of the Service constitutes your ongoing acceptance of these terms and conditions, as may be amended from time to time.
The terms “you”, “user(s)”, and “Advertiser” (i.e., the person or entity identified in the Order (as defined in Clause 4 below) who wishes to obtain the Services provided by the Company) herein refer to all individuals and/or entities accessing and/or using the Service at any time for any reason or purpose.
1. General
1.1 By ordering the Services described in the Order, the Advertiser agrees to be bound by and accepts these terms and conditions.
1.2 These terms and conditions, together with the Order and the Privacy Policy Statement (which are hereby incorporated as if fully set forth herein), represent the complete agreement between the parties. All prior dealings, written or oral understandings, discussions, representations, correspondence, and communications between the parties relating to the matters covered by the Order and/or these terms and conditions are hereby superseded.
1.3 In the event of any conflict, inconsistency, or ambiguity between these terms and conditions and the terms of the Order, the terms of the Order shall prevail.
1.4 For the avoidance of doubt, if the Advertiser also places outdoor advertisements through GoWin Tech, the terms and conditions of the relevant Rate Card(s) shall also apply to such printed placements.
1.5 Unless the context otherwise requires, in these terms and conditions:
i. Words in the singular include the plural and vice versa;
ii. Any reference to a “person” or “entity” includes an individual, sole proprietor, partnership, unincorporated association, and company;
iii. Any reference to a “Clause” is to a clause of these terms and conditions;
iv. Headings are for convenience only and shall not affect interpretation; and
v. The words “include” or “including” shall not be construed as limiting.
2. Modification of Services
The Website is owned and operated solely by GoWin Tech. GoWin Tech reserves the right, at its sole discretion and without prior notice or consent, to change, modify, add to, vary, terminate, withdraw, or suspend any part or feature of the Website or to alter the pricing or specifications of any Service, including any information required from the Advertiser.
3. Recruitment Service Access
3.1 The Advertiser’s access to and use of GoWin Tech’s recruitment services through their online account (“Recruitment Service”) is governed by this Clause.
Authority to store and retain applications
3.2 The Advertiser expressly authorizes GoWin Tech to store and retain, on its behalf, all Job Postings, applications submitted in response to such Job Postings, and Candidate Match results within the Service, in accordance with these terms and conditions.
Access
3.3 Access to the Recruitment Service (and its functionality) is granted via a secure username and password issued by GoWin Tech (“Password”). The Advertiser is solely responsible for the security and use of the Password.
3.4 The Advertiser is responsible for:
i. Providing GoWin Tech with the identity and contact details of individuals authorized to access the Recruitment Service on its behalf (“Authorised Users”);
ii. Supervising Authorised Users’ use of the Recruitment Service and ensuring such use complies with these terms and the Order;
iii. Any act, omission, default, or negligence by any user (whether authorized or not) in connection with the use of the Password, Recruitment Service, or breach of these terms or the Order;
iv. Compliance with all applicable laws, regulations, guidelines, or policies, including but not limited to the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong), all codes of practice and guidance issued by the Privacy Commissioner, and all other applicable rules regarding personal data handling.
Licence to use data
3.5 The Advertiser grants GoWin Tech a perpetual, non-exclusive, irrevocable license to use any non-personal data stored in the Service to analyze user behavior and improve the user experience.
Deletion of data
3.6 Personal and other data stored by GoWin Tech on behalf of Advertisers will be permanently deleted from the Recruitment Service as follows:
i. Job Postings – 2 years after the Post Date (the date the Job Posting is first published on the Website, as specified in the Order);
ii. Candidate applications received in response to a Job Posting – 1 year after the application date.
3.7 Unless otherwise specified, all personal data obtained from the Website may only be used and retained by the Advertiser for no more than 6 months from the date of receipt and must be deleted thereafter.
4. Orders
4.1 The Advertiser shall select the desired Service and Service Package at the price and currency specified by GoWin Tech on the designated online order form (“Order”) and provide all required information. The Advertiser warrants that all information provided is complete, true, accurate, and up to date.
4.2 Each submitted Order constitutes an offer by the Advertiser to purchase the selected Service(s) under these terms and conditions.
4.3 Upon GoWin Tech’s approval of the Order and receipt of all required information, a binding contract (“Contract”) is formed between the Advertiser and GoWin Tech, subject to these terms, the Order, and any additional conditions imposed by GoWin Tech.
5. Price & Payment
5.1 Unless otherwise agreed in writing by GoWin Tech, full payment is due in advance upon subscription confirmation. Advertisers providing a valid Hong Kong Business Registration Certificate are granted 7-day credit terms. The Advertiser remains liable for full payment even if the Service is cancelled or terminated before the Expiry Date (as defined in the Order).
5.2 GoWin Tech is not liable for pricing or specification errors on the Website.
5.3 The Advertiser bears all applicable duties, tariffs, and taxes.
5.4 No refunds or partial payments for unused Services or credits.
5.5 GoWin Tech reserves the right to revise fees and introduce new charges.
5.6 All designated online payment methods (e.g., credit card, bank transfer) are subject to processing by GoWin Tech’s payment service provider and approval by relevant institutions. GoWin Tech is not liable for payment rejections.
5.7 The Advertiser agrees to provide payment information as reasonably requested. Card data is processed directly by the payment provider; GoWin Tech does not retain it. GoWin Tech is not liable for unauthorized disclosure by third-party payment processors.
5.8 GoWin Tech may, at its discretion:
i. Reject the Order;
ii. Suspend or terminate Services; and/or
iii. Pursue the full amount as a debt,
if payment is disputed, rejected, or not received.
5.9 GoWin Tech may set off any amounts owed by the Advertiser against any credits or amounts due to the Advertiser, without prior notice or consent.
6. Service Packages & Credits
6.1 Credits must be used within the Validity Period specified in the Order. Unused, deleted, or deactivated Job Postings are not eligible for extension or refund.
6.2 Confirmed Orders are non-refundable and non-changeable.
6.3 For multiple Service Packages, credits expire on a first-to-expire basis with no extensions.
6.4 Credits are for the Advertiser’s exclusive use and may not be shared, resold, or transferred to any other entity—including subsidiaries or affiliates—without GoWin Tech’s prior written consent. Breach of this clause entitles GoWin Tech to suspend or terminate Services immediately without liability or refund.
7. Job Postings
7.1 Job Postings must be for the Advertiser’s own company only. Each Job Posting may include only one job title and one company logo. Multiple titles or companies in a single posting are prohibited. The Advertiser authorizes GoWin Tech to display its logo on the Website.
7.2 Job Postings are published from the Post Date until the Expiry Date unless removed by GoWin Tech per these terms. GoWin Tech is not responsible for Job Postings appearing on third-party sites via search engines after expiration.
7.3 Job Postings must comply with all applicable laws, including the Employment Ordinance (Cap. 57), Sex Discrimination Ordinance (Cap. 480), Disability Discrimination Ordinance (Cap. 487), Family Status Discrimination Ordinance (Cap. 527), Race Discrimination Ordinance (Cap. 602), and Personal Data (Privacy) Ordinance (Cap. 486).
7.4 The Advertiser represents and warrants that:
i. All Job Posting content is true, complete, accurate, and non-misleading;
ii. Selection criteria are non-discriminatory and based solely on qualifications, skills, knowledge, and experience—not age, race, gender, marital status, etc.;
iii. Content does not infringe third-party rights or violate laws;
iv. Links direct only to the Advertiser’s corporate website; and
v. Personal data is not used for non-recruitment purposes (e.g., direct marketing).
7.5 If a potentially discriminatory attribute is included, the Advertiser must provide documented proof that it constitutes a genuine occupational qualification, clearly stated in the Job Posting.
7.6 By submitting a Job Posting, the Advertiser warrants that:
i. It has full authority and necessary consents to publish the content;
ii. All submitted materials comply with applicable laws;
iii. Materials are free from viruses or malicious code;
iv. The Service will not be used for illegal, immoral, or offensive purposes;
v. It will not compromise the Website’s security or stability; and
vi. It will comply with all terms herein.
7.7 GoWin Tech may, at its sole discretion and without notice or liability, remove, suspend, or amend any non-compliant Job Posting and may require the Advertiser to revise it before re-publication.
7.8 GoWin Tech bears no liability for any suspension, removal, or amendment of Job Postings and is not obligated to extend their publication period.
8. Candidate Match
8.1 The Website enables Advertisers to search for candidates and invite them to apply via the Manual Candidate Match Service.
8.2 “System Candidate Match Service” refers to automated profile searches based on GoWin Tech’s preset criteria (e.g., industry, job function). “Manual Candidate Match Service” refers to candidate lists generated based on Advertiser-entered criteria. Both apply only to candidates who have consented to partial profile disclosure.
8.3 During the Validity Period, Advertisers may use Service Package credits to send Resume Requests to candidates listed in Manual Match results. Credit amounts vary by package.
8.4 Subject to Clause 9.8.i, Advertisers may use credits at their discretion for candidates in their Match results.
8.5 Unused credits expire immediately after the Validity Period.
8.6 Credits are non-transferable and non-assignable.
8.7 Upon candidate acceptance of a Resume Request, the Advertiser may view the candidate’s selected resume.
8.8 By using Candidate Match, Advertisers acknowledge and agree that:
i. Not all profiles are searchable due to candidate privacy settings, and candidates may decline requests;
ii. Resume Requests default to a 7-day expiry (extendable up to 30 days);
iii. Requests must be for genuine, current job opportunities listed on the Website; and
iv. One credit is deducted per request; one credit is refunded if the candidate does not accept before expiry.
8.9 Advertisers warrant that Candidate Match will be used:
i. Exclusively for genuine hiring related to active Job Postings; and
ii. Not for solicitation, direct marketing, or promoting non-recruitment services.
9. Indemnity
The Advertiser agrees to defend, indemnify, and hold harmless GoWin Tech, its affiliates, and all related personnel from any claims, damages, liabilities, losses, costs, or expenses (including full legal fees) arising from the Advertiser’s or Authorised Users’ use or misuse of the Service, Website content (including resumes or personal data), or breach of these terms or the Order.
10. No Warranties
10.1 The Website and Services are provided “as is.” GoWin Tech disclaims all warranties—express, implied, or statutory—including merchantability, fitness for purpose, non-infringement, and uninterrupted or error-free operation, to the fullest extent permitted by law.
10.2 Without limitation, GoWin Tech does not warrant:
i. The accuracy, reliability, or completeness of user-submitted content (e.g., resumes), which is used at the Advertiser’s own risk; or
ii. That any Job Posting will be viewed by a specific number of candidates or result in successful hires.
11. Exclusion & Limitation of Liability
11.1 GoWin Tech acts solely as an online platform. It does not endorse, control, or assume responsibility for candidates, employers, or third parties, and the Advertiser agrees to exercise independent judgment in all dealings.
11.2 GoWin Tech shall not be liable for:
i. Acts or omissions of third parties (e.g., unauthorized use of Job Postings);
ii. Decisions made based on Website content;
iii. Third-party links, tools, or information;
iv. Scheduled or unscheduled system outages or maintenance;
v. Server slowdowns or bandwidth loss;
vi. Security breaches or data loss;
vii. Viruses; or
viii. Failures of third-party service providers.
11.3 To the maximum extent permitted by law, GoWin Tech shall not be liable for any indirect, incidental, consequential, punitive, or exemplary damages, regardless of foreseeability or legal theory.
11.4 GoWin Tech’s total liability for any claim arising from these terms, the Order, or the Contract shall not exceed the fees actually received from the Advertiser for the relevant Service.
12. Suspension and Termination of Services
12.1 GoWin Tech may, at its sole discretion and without notice, restrict, suspend, or terminate the Advertiser’s access to the Services or deactivate the account for any reason.
12.2 The Advertiser waives any claim for loss or damage arising from such actions.
12.3 GoWin Tech may immediately deactivate accounts, remove Job Postings, or report to authorities upon suspicion or discovery of a breach of these terms or the Order.
13. Force Majeure
13.1 GoWin Tech is not liable for delays or failures due to events beyond its reasonable control (e.g., natural disasters, strikes, system failures, government actions, or pandemics) (“Force Majeure Event”).
13.2 GoWin Tech will notify affected Advertisers of such delays and use reasonable efforts to resume Services. The Advertiser may not terminate the Contract due to Force Majeure.
14. Amendment
14.1 GoWin Tech may amend these terms at any time by posting updated versions on the Website. Amendments are effective immediately upon posting.
14.2 Any modification attempted by the Advertiser is void unless expressly agreed to in writing by GoWin Tech.
15. Assignment
15.1 The Advertiser may not assign the Contract or any rights/obligations without GoWin Tech’s prior written consent. Unauthorized assignments are void.
15.2 GoWin Tech may assign the Contract or its rights/obligations to any third party.
16. No Waiver
GoWin Tech’s failure or delay in enforcing any right or remedy does not constitute a waiver, nor does partial exercise preclude further enforcement.
17. Illegality
If any provision is held invalid or unenforceable, it shall be deemed amended to comply with applicable law or, if not possible, severed. The remainder of the terms remains in full force.
18. Rights of Third Parties
No third party has rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce these terms.
19. Governing Law and Jurisdiction
These terms, the Order, and the Contract are governed by the laws of the Hong Kong Special Administrative Region. Both parties submit to the exclusive jurisdiction of the Hong Kong courts.
Last Updated: 03/10/2025
© GoWin Tech. All rights reserved.