HiGate Jobs Terms of Service
Acceptance of the HiGate Terms
1. Our Services are constantly developing and getting better. We have the right to change, suspend, or discontinue the Services entirely, in whole or in part, and to add or remove features, products, or capabilities. We reserve the right to place restrictions on some features or restrict access in specific ways. Any of these measures may be taken by us at any moment without necessarily giving you a notification.
Account Information and Access
1. By opening an account with us, you certify that you are at least 18 years old and that the data you give us is accurate, complete, and up to date. Your account might be immediately terminated for providing inaccurate, inadequate, or out-of-date information.
2. You are in charge of protecting the privacy of your account and password, which may include, but is not limited to, limiting who has access to your computer and understanding. Nobody else is permitted to use your login or password. Whether your password is for one of our Services or a third-party service, you consent to take responsibility for any activities or acts carried out under your account and password. You must make sure that you log out of your account after each session and contact us immediately once you become aware of any security breaches or unauthorized use of your account. We shall not be liable for any loss or damage arising from your failure to comply with any of these Terms.
3. You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. Any vulgar, insulting, or indecent name may not be used as a username. All relevant laws, rules, and ordinances must be followed when using the Services or any content obtained through the Services.
4. By giving us your email address and other contact information, you allow us to send you service-related communications through email instead of postal mail, including any notices required by law. We may also use your phone number or email address to send you additional messages, such as updates on the Services' features or other information about our company.
Company Information on HiGate Jobs
Information provided by Companies is made available to You through HiGate Jobs, such as company profiles, reviews, photographs, job descriptions, and payment information, available to You ("Company Information"). You acknowledge and agree that since HiGate has no control over the company information, (a) HiGate is not accountable for any company information and does not endorse any company information; (b) HiGate makes no claims as to the suitability, accuracy, or quality of the company information; and (c) HiGate assumes no liability for any inaccurate, misleading, or illegal company information. Links to company websites may be found in HiGate and HiGate Jobs. All such links to Company websites are used at Your own risk. HiGate has no control over, does not monitor, and makes no guarantees about any company website's webhomepageweb homepage. A company website does not indicate our endorsement, adoption, sponsorship, or affiliation with that company website to the extent that HiGate supplies such links. Instead, they are offered just as a convenience. These Terms cease to apply when You leave HiGate and HiGate Jobs.
Your Use of HiGate Jobs
Your Use of HiGate Jobs
1. Browse Jobs. HiGate Jobs allows you to look through available software developer jobs listed by major companies in particular areas (each a "Company").
2. Challenge yourself. You can ask the company that offered the job for help in solving a software coding problem ("Challenge") when you find a position that appeals to you. You will get the Challenge through email after submitting your desire to participate in it. Although you are free to begin the Challenge whenever suits you, it is advised that you finish it quickly so that the Company receives your submission before the task is closed. The Challenge may only be attempted once, and it must be completed within the given amount of time.
3. Get Responses. When you finish a Challenge, the Company will get your code in answer to the Challenge and any profile details from your HiGate Account that you want to share with the Company.
4. Conduct rules. You agree that you may only use HiGate Jobs in a way that complies with these Terms, all relevant laws, rules, and other binding duties (including contractual obligations) that You may have. You acknowledge that you won't:
- In Your attempts to accomplish a Challenge, you may consult and/or copy code from any source, including a website, book, friend, or colleague;
- Using any information received from HiGate to contact, advertise to, solicit from, or sell to any person or organization (including companies) without that person's prior express consent;
- Use HiGate and/or HiGate Jobs to post content that is offensive, encourages racism, bigotry, hatred, or any form of physical harm against a group or an individual, is pornographic or sexually explicit in nature, bullies, harasses, or advocates stalking, bullying, or harassment of another person, or is abusive, threatening, obscene, defamatory, or libelous;
- Introduce software or automated agents to HiGate or HiGate Jobs, or access HiGate or HiGate Jobs in order to create numerous HiGate accounts, make automated messages, or extract or mine data from HiGate or HiGate Jobs;
- Interfere, disrupt, change, reverse-engineer, or decompile any information or functionality of HiGate and/or HiGate Jobs; interfere, disrupt, or impose an unreasonable strain on HiGate and/or HiGate Jobs, or the networks, systems, or services linked to HiGate and/or HiGate Jobs.
1. Users can contribute, upload, and exchange data, text, software, images, messages, and other types of content ("Content") using particular services that HiGate offers. Terms apply to any content that users upload, publish, or distribute. You own the content that you post on or via HiGate, and you are free to use it any way you see fit, unless certain laws or regulations specifically forbid it. You authorize Us to use the Content as outlined in these Terms by using HiGate.
2. You give HiGate a non-exclusive, worldwide, royalty-free, fully paid up, sub-licensable, irrevocable, and transferable right and license to use, host, store, reproduce, create derivative works from, distribute, edit, display, and transmit Your Content by utilizing HiGate. You represent and warrant that you have the right to publish Content on or via HiGate and to grant the above rights to Us if you do so. Even if you delete your HiGate account and/or cease using HiGate, this agreement remains in effect.
3. By uploading Your Content, You agree to be responsible for Your Content as well as any other Content you create, send, or display while using HiGate. You also acknowledge that under no circumstances will We be held responsible for any inaccuracies or omissions in Your Content. You affirm and agree with each of the following, and you acknowledge that We expressly depend on them in relation to Your Content and the use of Content made accessible on HiGate:
- The Content represents Your own original work and/or You have all necessary rights to disclose the Content. In doing so, You are not violating the rights of any third party.
- You agree to use HiGate only for purposes that are legal, proper and in accordance with these Terms. Your disclosure of Your Content does not violate a confidential relationship with any third party or establish a confidential relationship with Us.
- You understand that You are responsible for Your Content that You upload, post, e-mail, transmit, or otherwise make available through HiGate. Except as permitted in these Terms, You do not have the rights to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to You, other than the viewing of Content or the associated Challenges on or through the HiGate.
4. We reserve the right, at any time and for any reason, without prior notice, to (a) edit, redact, or otherwise modify any User Content; (b) reclassify any User Content to put it in more relevant areas of the Services; and (c) pre-screen or remove any User Content.
5. We disclaim all liability and responsibility for any User Content, including any intellectual property rights therein, that you or any other user or third party post, submit, or otherwise make available. through the Service. This includes the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of User Content. You acknowledge that we are acting only as an intermediary in the online distribution and publication of your User Content and that you are solely responsible for your User Content and any consequences. of uploading, publishing, distributing or making available such content through the Service. You understand that you may encounter User Content that is deceptive, offensive, inappropriate for minors, or otherwise not appropriate for your needs, and you agree that we are not responsible for any harm you claim to have suffered as a result of or related to any User Content.
6. You are merely in charge of Your Content and the consequences of posting or publishing it. Regarding Your Content, You affirm, represent, and warrant that:
(i) You own, or have the necessary licenses, rights, consents, and permissions to use and authorize Us to use all patent, trademark, copyright, or other proprietary rights in and to Your Content to enable inclusion and use of Your Content in the manner contemplated by these Terms, and to grant the rights and license set forth above;
(ii) Your Content, Our use of Your Content pursuant to these Terms, and exercise of the license rights set forth above do not and will not:
- violate, misappropriate, or infringe upon any intellectual property or proprietary right of a third party, such as a copyright, trademark, patent, trade secret, moral right, privacy right, or right of publicity;
- slander, defame, libel, or otherwise violate the right of another individual to privacy, publicity, or other kinds of property;
- violate any applicable law or regulation, or;
- require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
7. If You Give Us Any Comments, Bug Reports, Feedback, or Modifications Proposed or Suggestions ("Feedback"), We Reserve The Right To Use Such Feedback At Our Discretion, Including, But Not Limited To, Incorporating Such Suggestions and Changes Into HiGate And/Or Our Other Products And Services. By providing Us with the rights necessary to integrate and utilize Your Feedback for any purpose, you thus give Us a permanent, irrevocable, nonexclusive license.
By (a) providing your Third-Party Provider Account login information through the Services or (b) giving us access to your Third-Party Provider Account, you might be able to link your account with other accounts you have with third-party service providers (each a "Third-Party Provider Account") as part of the Services. You affirm and warrant that you have the right to give us access to your third-party provider account and to disclose your login information without violating any of the rules governing your use of the relevant third-party provider account, without charging us any fees, and without subjecting us to any usage restrictions imposed by the third-party service provider of the third-party provider account. You acknowledge and agree that by giving us access to any Third-Party Provider Accounts, we may access, make available, and store (as appropriate) any content you have provided to and stored in your Third-Party Provider Account (the "Social Media Content") so that it is accessible on and through the Services via your account, including without limitation any friend or connections lists, and we may submit to and receive from your Third-Party Provider Account. Personal information that you upload to your Third-Party Provider Accounts may be accessible on and through your account on the Services, depending on the Third-Party Provider Accounts that you select and subject to the privacy settings that you have established in such Third-Party Provider Accounts. Please be aware that Social Media Content could no longer be accessible on and through the Services if a Third-Party Provider Account or related service is made unavailable or if our access to such a Third Party Provider Account is revoked by the third-party service provider. You will always have the option to cut off the connection between your third-party provider accounts and your account on the Services. We make no effort to review any Social Media Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Media Content. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY PROVIDER ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. You understand and agree that we may access your contacts list on your mobile device or tablet computer, as well as your email address book linked to a Third-Party Provider Account, only for the purpose of identifying and alerting you of contacts who have registered to use the Services. By contacting us using the details provided below or through your account settings, you can disable the connection between the Services and your Third-Party Provider Account (if applicable).
Third Party Websites and Services
HiGate may include links to third-party websites or services (“Linked Sites”) for your convenience. We do not support any of these Linked Sites or the information, material, products, or services contained on other Linked Sites or accessible through other Linked Sites. Further, We disclaim any warranties, explicit or implied, with respect to the data, materials, goods, or services found on or accessible through Linked Sites. You exclusively assume all risks associated with accessing and using Linked Sites, as well as any data, materials, goods, or services made accessible through Linked Sites. We firmly encourage that before using any third-party websites or services, you read their terms of service and privacy policies.
1. HiGate is hosted in Vietnam. If You use HiGate from outside Vietnam, You accept that You are voluntarily conveying information, including personal information and Content to Vietnam and that You agree that Our collection, use, storage, and sharing of Your information and Content is exclusively subject to the laws of Vietnam and not of the jurisdiction where You are located.
2. You agree that You will comply with all Vietnam Laws, rules, and regulations applicable to the export of products, services, software, and technical data regardless of the jurisdiction in which You are located.
In our sole discretion, we reserve the right to instantly suspend or terminate your account and block access to the Services for any reason, including but not limited to a violation of the Terms, without providing you with prior warning or liability. We have the right to permanently remove any User Content from our Services if your account is suspended or canceled.
You can simply stop using the Service if you want to close your account.
The Terms ownership provisions, warranty disclaimers, indemnification, and liability restrictions are just a few of the clauses that will always apply even after they are terminated.
Vietnam Copyright Law gives copyright owners who think that actions taken by third parties online have violated their rights under Vietnam copyright law a method to defend their rights. You can notify us indicated below of your claim if you feel that your copyrighted work has been copied without your permission and is made available in the Services in a way that would be considered a copyright violation. Your notification must have the following details in order to be valid: ( b) a physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the notification, a representative list of such works on the Services; (c) Identification of the allegedly infringing material, or the location of the material, reasonably adequate information to allow us to find the material, and instructions for its removal or blocking of access;a declaration by you that that you believe that the disputed use is not permitted by the copyright owner, its agent, or the law; (d) information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party can be contacted; (e) a statement by you that the information in the notification is accurate; (f) a declaration by you that that you believe that the disputed use is not permitted by the copyright owner, its agent, or the law.
Intellectual Property You agree not to at any time (including after the license granted herein terminates) in any way contest, challenge, or take any action directly or indirectly that would be inconsistent with our ownership of any and all Intellectual Property Rights existing in or used in connection with the Services and their original content, features,, and functionality. This includes after the license granted herein terminates. The copyright, trademark, and other laws of the United States and other nations protect the Services. Without the previous written approval of AHT Tech JSC, you are not permitted to use our trademarks or trade dress in connection with any goods or services.
Suppose you give us ideas, proposals, suggestions, or other materials (collectively, "Feedback"), whether they have anything to do with the Services or not, you hereby acknowledge and agree that they are not confidential and that you are giving them to us free of charge, without our asking, without any conditions, and without any duty of contractual or another kind. We can use your feedback without paying or owing you any obligations.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold AHT Tech JSC, its licensees, and licensors, as well as each of their officers, directors, employees, contractors, and other representatives, harmless from and against any and all claims, actions, settlements, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of or relating to (a) your use and access of the Service, by you or any person using your account and password, (b) your User Content, (c) your violation of the rights of a third party, including but not limited to intellectual property rights; (d) doing overtly damaging conduct against another user of the Services with whom you have established contact with the Services, or (e) violating these Terms. Despite the above, we retain the right to take sole responsibility for the defense and management of any issue for which you are obligated to indemnify us, and you agree to assist us in the defense of such claims at your expense. As soon as we become aware of any such claim, action, or process that is covered by this indemnity, we shall make a reasonable effort to let you know about it.
1. While You use HiGate, these Terms will continue to be in full force and effect. The provisions that may continue to be in effect after You stop using HiGate, such as Your Content license to Us and the general provisions in this Section, shall continue to apply after You stop using HiGate.
2. You acknowledge and agree that no matter what statute of limitations may otherwise apply, any claim or cause of action arising out of or connected with the use of HiGate or these Terms must be filed within one (1) year of the claim or cause of action arising or it will be eternally barred.
3. You agree that We may send You notifications using HiGate's notification feature, including notifications of changes to these Terms.
4. Any right or term of these Terms that we fail to execute or enforce shall not be deemed to have been waived by us. The parties agree that, even if a court of competent jurisdiction finds any provision of these Terms to be unenforceable, it should still make an effort to give effect to the party's intentions as expressed in the provision and that the other provisions of these Terms will still be fully enforceable.
5. Any attempted transfer by You of Your HiGate Account or of any rights or licenses granted hereunder would be invalid and unenforceable.
6. The termination or cancellation of these Terms shall not affect those provisions of these Terms that, by their nature, should survive such termination or cancellation. You acknowledge that a violation of these clauses would result in irreparable injury and that as a result, in addition to any other legal remedies available to Us under these Terms at law or in equity, We may also seek an injunction.
7. You acknowledge that these Terms shall not confer any rights upon any other party, except otherwise specifically provided for in these Terms.
8. The whole agreement between HiGate and You is included in these Terms (together with any other terms, conditions, policies, and agreements that are incorporated herein). Without respect to considerations of conflict of law, any controversy resulting from or connected to these Terms shall be governed by the laws of the State of California. You consent to submit to the personal and exclusive jurisdiction of Vietnamese courts.
Disclaimer of Warranties
THE SERVICES ARE USED SOLELY AT YOUR OWN RISK. THE SERVICES ARE SOLD AND DISTRIBUTED "AS IS" AND "AS AVAILABLE." EITHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE, ARE DISCLAIMED FROM THE PROVISION OF THE SERVICES.
THE FOLLOWING STATEMENTS ARE MADE WITHOUT WARRANTY BY AHT TECH JSC, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSEES: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, and (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
Limitation of Liability
1. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL AHT TECH JSC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY OTHER USERS OR THIRD PARTY ON OR THROUGH THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. OUR MAXIMUM LIABILITY TO YOU RELATING TO THE SERVICES OR ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OUR LIABILITY WILL NOT BE INCREASED BY THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU.
These Terms shall be governed and constructed based on Vietnam Laws, without regard to its conflict of law provisions. In any legal action arising out of or associated with these Terms, you hereby irrevocably relinquish all rights to a jury trial.
No right or provision of these Terms will be deemed to have been waived by us if we fail to enforce it. The remainder of these Terms will still apply if a court rules any term of these Terms to be invalid or unenforceable. These Terms supersede and replace any earlier agreements we may have had between us regarding the Service and are the complete agreement between us regarding the Service.
These Terms replace all former or other agreements, understandings, negotiations, and conversations, whether oral or written, with respect to the subject matter hereof. These Terms represent the full understanding between You and Us. You are not permitted to change these terms; only we have the authority to do so in the ways described above.
Without our explicit prior written agreement, you may not assign or sublicense any of your rights or responsibilities under these Terms. Any assignment made in violation of this clause is invalid.
We and our licensors retain all rights that are not expressly granted by us in these Terms.
The failure or neglect of us to enforce any of the terms of this agreement at any time shall not be interpreted as a waiver of our rights under this agreement, and it shall not in any way impair the validity of the whole or any particular provision of this agreement or limit our ability to take further action. The headers in this document are simply included for your convenience and are not meant to change how you should understand any of the terms and conditions of these Terms.
You and We are not entering into a joint venture, partnership, employment, or agency relationship as a consequence of these Terms or your use of the Services.
You accept the fact that we wrote these Terms which should not be used against us.
You hereby waive any and all objections you might have to the electronic form of these Terms and the parties' failure to sign these Terms in order to execute them.
If any of these terms, conditions, or provisions are found to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, that term, condition, or provision will be severed in that respect from the remaining terms, conditions; and provisions, which will continue to be valid to the fullest extent permitted by law.
To the same extent and subject to the same restrictions as other business documents and records originally generated and maintained in printed form, a printed version of these Terms and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms.
Contact Us If you have any questions about these Terms, please contact us.