4. Conditions of Use – General The Candidate acknowledges and agrees that in agreeing to use, or in using the Recruitment Services, the Provider makes no representation or warranty as to merchantability or fitness for a particular purpose, including any representation or warranty that the Recruitment Services:(a) will be uninterrupted or error free;(b) will meet the Candidate’s requirements, including, without limitation: (i) any requirements relating to access, use and/or operation of the Recruitment Services supplied to the Candidate;(ii) any requirements relating to the uploading and listing of the Candidate’s resume on the Resume Database;(iii) any requirements relating to results, or lack of results thereof, in respect of job opportunities offered through or in connection with Job Advertisements displayed on the Website; and(iv) any requirements relating to the use, or lack of use, of the Employment Agency Services supplied by the Provider; and(c) will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the Candidateship Services or the Website. 4.2 The Candidate further acknowledges and agrees that in agreeing to use, or in using the Recruitment Services:(a) scheduled and/or unscheduled Website maintenance may be required to be performed by the Provider or a third party supplier from time to time and such maintenance may necessitate the Website to be placed offline for a certain duration and the Website or any Recruitment Services thereof may accordingly be inaccessible by the Candidate and any other persons, including prospective employers;(b) the Provider may, in its absolute discretion, upgrade, revise or change any or all parts of the Website, including any Recruitment Services thereof, or may migrate the Website from one host system to another, at any time and from time to time. The Provider shall not be liable whatsoever for any loss or damage resulting from such upgrade, revision, change or migration and the Provider shall not take any responsibility for any Website or Recruitment Services failure resulting from the same;(c) the Provider may, but shall not be obliged to, archive resumes uploaded on Resume Database using backup mechanisms on a regular basis for the purposes of disaster recovery and in the event of equipment failure or data corruption, the Provider may restore the content of all resumes from its last known working archive. Notwithstanding the aforesaid, the Candidate acknowledges and agrees that:(i) it is the sole responsibility of the Candidate to maintain current copies of all resumes prepared and uploaded by the Candidate;(ii) in the event of corruption of data maintained by the Provider or in the event of the Provider uploading an old archive, the Candidate has the sole responsibility of uploading its current copies on to the Resume Database;(iii) the Provider shall not be liable whatsoever for any incomplete, out-of-date, corrupt or otherwise deficient resumes recovered from the Provider’s backups;(d) all Job Advertisements displayed on the Website are posted by prospective employers or by the Provider for prospective employers based on information supplied by the same. The Candidate acknowledges and agrees that such Job Advertisements are shown on an “as-is” basis only and may be subject to change without notice or may be incomplete or out-of-date. To the maximum extent permitted by law, under no circumstances will the Provider be liable in any way for any Job Advertisements, including, but not limited to, any errors or omissions in any such Job Advertisements, or for any loss or damage of any kind incurred as a result of job opportunities, or non opportunities, created by the Job Advertisements. The Candidate is not entitled to rely and/or act upon any JobAdvertisements and/or use them as a basis for any cause of action in law or otherwise;4.3 In creating, uploading, posting, transmitting or making available in any other way any resumes, including any photographs, images or videos thereof, on the Resume Database or any other parts of the Website, the Candidate agrees and warrants that:(a) it must conduct such tests and computer virus scanning as may be necessary to ensure that any and all resumes uploaded do not contain any computer virus and will not in any way, corrupt the data or systems of the Provider or any other persons; (b) it shall not create, upload, post, transmit or otherwise make available:(i) any resumes that contains inaccurate, misleading or otherwise deceptive statements or claims, particularly in respect of experiences, qualifications and/or skills; (ii) any resumes that is unlawful, harmful, threatening, abusive, harassing, tortuous, discriminatory, defamatory, pornographic, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;(iii) any information in resumes that the Candidate does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);(iv) any information, text, illustration or image in resumes that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any other persons;(v) any resumes comprising illegal advertising or promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unlawful solicitation;(vi) any resumes containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;(vii) any resumes that belongs to another individual and not that of the Candidate, or any resumes that appears to be from separate individuals holding separate Accounts on the Website;(c) all resumes of the Candidate on the Resume Database may be made available to, and viewed by, prospective employers who are subscription members of the Website; and(d) unless consent is otherwise withdrawn by the Candidate in accordance with the opt-out provision of the Privacy Policy, the Provider may retain all information supplied by the Candidate in a resume and/or any other information supplied in the Candidate’s Registration Form or otherwise made available to the Provider for disclosure and relevant use by such subscription members. The Provider shall not be liable to the Candidate in any way whatsoever in respect of any loss or damage arising directly or indirectly from the Candidate’s failure to inform the Provider of its particular preferences where disclosure or non-disclosure of information to, and use or non-use of information by, a subscription member, are concerned.4.4 Without limiting the generality of the prohibition on copying or commercially exploiting proprietary Works set out in Clause 8, the Candidate must not access or use the Resume Database for any purposes other than to upload and update its own resumes to the Resume Database.4.5 The Candidate bears the sole responsibility to immediately rectify any resumes uploaded, posted, transmitted or in any other way used in error or in breach of any provisions herein.4.6 Without incurring any liability to the Provider and at the Candidate’s sole cost and expense:(a) the Provider shall have the right (but not the obligation) in its sole discretion to remove or modify any resumes uploaded, posted, transmitted or otherwise made available on the Resume Database or any other parts of the Website which may, in the Provider’s sole opinion, be in breach or any provisions herein; and(b) the Provider may access, preserve, and disclose all resumes uploaded, posted, transmitted or otherwise made available on the Resume Database or any other parts of the Website by the Candidate if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:(i) comply with legal process; (ii) enforce this Agreement;(iii) respond to the Candidate’s requests for Employment Agency Services; and(iv) protect the rights, property, or personal safety of the Website, other Candidates, other persons accessing or visiting the Website and/or the public.4.7 The Candidate hereby grants the Provider a non-exclusive, royalty-free, worldwide license for the duration of the Service Term, to do any or all of the following to the extent necessary to perform the Recruitment Services:(a) digitise, convert, install, upload, select, order, arrange, compile, combine, synchronise, use, reproduce, store, cache, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any resumes, including any photographs, images and videos thereof; and(b) make archival or back-up copies of such resumes.