The Terms of Use constitute the entire agreement between the User and www.pitchyourtalent.com (herein forward referred to as PYT) regarding the use of any PYT's services and products including but not limited to the website, any information and database provided, talents, pitches, search and matching functions, customer sales and support services, superseding any prior agreements between the User and PYT relating to the use of such services and products.

By using any part of the services and products thereof, the User is bound by these Terms of Use.

The failure of PYT to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use is an Agreement. This agreement is governed by the laws of Singapore and the User hereby submit to the jurisdiction of the courts of Singapore.

1. Definitions

1.1. PYT or www.pitchyourtalent.com: Shall refer to the website; www.pitchyourtalent.com and/or its operators (includes its officers, employees and agents) and/or owners of www.pitchyourtalent.com.

1.2. User: Shall refer to a person, individual, company or organization who uses any services or products of PYT, including:

• A person or jobseeker that publishes his/her online resume for advertising in PYT;
• A recruiter or employer who uses PYT to find jobseekers for the purpose of recruitment;
• Any individual, person or organization who accesses or uses the Service of PYT and any other ancillary services provided by PYT.

1.3. Services: Shall include any services and products provided by PYT in the course of (but not limited to):

• the provision of online resume or talent advertising;
• the provision of online resume search access;
• providing the Users with any other ancillary advertising, recruitment or networking services in accordance with the terms and conditions hereunder.

2. PYT shall

2.1. Comply with all applicable laws and regulations with respect to the provision of the Services.

2.2. Make every effort to publish advertisements on the website within the reasonable business timeframe. For advertisements posted directly by the User, this will generally occur within one business day. PYT is not liable for any loss or damage incurred by the User as a result of any failure or delay in publishing an advertisement.

2.3. Make every effort to avoid errors in advertisements. However, PYT accepts no responsibility or liability for any errors and requires that the User check their advertisements for errors as soon as they are placed. Any errors may be edited by the User and if it cannot be done, the errors may be edited within one business day from notice by the User.

2.4. Undertake its best efforts to make the Services available for access throughout the day. PYT shall not be liable for any interruption of Services although it may undertake remedial efforts to re-publish an advertisement when appropriate.

2.5. Undertake its best efforts to retain the advertisement of the User and online resume and/or job matching, search or communication in the User's account for a period of no less than three months from the date of the last login by the User. Subsequent to the three months, PYT reserves the rights and discretions to remove all such information and data at any time without notification and reasons.

3. The User shall

3.1. At all times, it is the responsibility of the User to ensure they comply with all applicable laws and regulations.

3.2. Comply with all notices, instructions and communication given or sent by PYT with regards to the use of the Services.

3.3. Warrant that all advertisements, communications or online resume in PYT are legitimate, accurate, genuine and belongs to the User.

3.4. Shall not disclose confidential information obtained through the use of the Services to any third party.

3.5. Shall not use the information obtained as a result of the use of the Services for any purpose whatsoever other than for the purpose of employment.

3.6. Warrant that information obtained as a result of the use of the Services will not be used for compilation of database information for any unauthorized use or sale, for any purpose that is illegal, illegitimate or harmful in any manner to any other User or for any other purpose which is not consistent with PYT's privacy policy and these terms of use.

3.7. Shall not use the Services to redirect user traffic and/or user resumes to the User's own website or any other third party website.

3.8. Provide and maintain accurate, complete and current data required to register the User and to continue to use any such Service as provided by PYT.

3.9. Not infringe on the intellectual property rights of any person or company including PYT or download and copy information obtained through use of the Services with the intention to do so.

3.10. Not allow or transfer to any third party the right to access the Services under their account without the prior written approval of PYT.

3.11. Be solely responsible for maintaining the security of any user ID's and / or passwords provided to access the Services.

3.12. Not use the system for any unlawful purpose including, but not limited to, the introduction or transmission of any data or program containing computer virus, computer worm, Trojan horse or other harmful or malicious codes.

3.13. Not send email, messages, information or communication of any type through the system that may contain malicious, immoral, derogatory or otherwise illegal materials.

3.14. Agree to defend, indemnify and hold harmless PYT from and against any claims, actions or demand, alleging or resulting from the use of the Services or the breach of the terms of use.

4. Payment of Fees

4.1. All amounts owed to PYT must be paid within the specified payment terms from the date of the invoice. PYT may charge interest on any late payment.

4.2. Prices/Rates for Services may vary at any time without notice. Users shall not be entitled for any rebate or discount on previously agreed contracts / sales orders as a result of changes to the pricing.

4.3. User shall be liable for full payment of Services from the commencement of the contract / sales order. Payment must be made notwithstanding any errors or omissions in the advertisement.

4.4. All prices quoted are exclusive of any applicable taxes unless specifically noted otherwise.

5. Suspension

5.1. Without prejudice to any other rights, PYT reserves the right to suspend access to any and all aspects of its Services in the event of non-payment of fees in full in compliance with the stipulated payment terms.

5.2. Without prejudice to any other rights, PYT reserves the right to suspend access to any and all aspects of its Services without refund in the event of non-compliance by the User with these Terms of Use.

6. Disclaimers

6.1. PYT is not liable for any loss of money, goodwill or reputation, or any special, direct, indirect or consequential damages arising out of the use of the Services or in respect of any error, act, failure, delay or omission on the part of PYT.

6.2. PYT is not liable for any loss of information howsoever caused whether as a result of any interruption, suspension, unavailability or termination of the Services or for the contents, accuracy or quality of information available or transmitted through the Services.

6.3. PYT makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained through the Services. To the fullest extent permitted by law, PYT disclaims any representation or warranty, whether express or implied, as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of the Services and/or any database content (whether maintained by PYT or otherwise), and no warranty whatsoever is given that the Services will be uninterrupted or error free, or in relation to the database content obtained or to be obtained from or through use of PYT and/or the Services unless otherwise specifically mentioned in this agreement.

6.4. PYT is not liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed nor does it endorse any opinion expressed by any other User.

6.5. PYT does not warrant that its operation, process or any of its web sites will be free of any operational errors nor that it will be free of any computer virus, computer worm, Trojan horse or other harmful or malicious contents.

6.6. PYT does not exercise editorial control over and is not responsible to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to/from a third party in or through the Services.

7. Aggregate Liability

7.1. In any circumstances or events where it is held that PYT is responsible for any lost profits, lost savings, damage, cost or expense of any kind whatsoever and howsoever caused whether arising under contract or tort, including negligence, or otherwise including without limitation loss of or corruption to data, loss of production, loss of contracts, loss of operation time, and loss of goodwill or anticipated savings or other special, direct or indirect, punitive, consequential or incidental damages arising out of or relating to this agreement or any product or service furnished or to be furnished under this agreement or the use thereof, PYT's total cumulative liability to the User or any other person or third party shall be limited to the amount of the price actually paid by the User.

8. Use of Data

The User hereby agrees and irrevocably authorises PYT to:

8.1. use any data and information supplied by the User for PYT's own internal and marketing purposes, to its supplying such data and information to any other associated companies or selected third parties to use for such purposes, and to its supplying such data and information to such third parties as may be necessary for the operation of PYT.

8.2. allow all data and information supplied by the User in using the Services to be retained at PYT for the use of PYT, notwithstanding the termination or suspension of the Services to the User herein.

9. Indemnity

9.1. The User shall indemnify and hold PYT harmless at all times against all actions, proceedings, costs, claims, expenses, demands, liabilities, losses and damages whatsoever including without limitation for defamation, infringement of intellectual property rights, death, bodily injury, property damage or pecuniary losses howsoever arising which PYT may sustain, incur, suffer or pay arising out of or in connection with the use of the Services by the User. The Indemnity shall includes any loss (including legal costs and expenses), liability or expenses arising from any claims for invasion of privacy, infringement of copyright, patent, breach of confidence reasonably incurred or suffered, arising from information or data transmitted, received or stored in website or Services.

10. Termination

10.1. This Agreement and any other agreement of a similar nature may be terminated, at any time, by PYT by prior written notice to the User if it is found that the User uses the Services in any way or manner that may affect, limit or compromise the interest or business of PYT.

10.2. No refund, compensation or consideration will be awarded to the User in the occurrence of such event.

11. Privacy

11.1. PYT has a principal concern in the responsible use of information that Users share and disclose. PYT's commitment towards guaranteed confidentiality and privacy at all times is clearly articulated in the Privacy Policy. Users who use PYT's Service must comply to the same standard of protection of all information, as stated in the Privacy Policy.

12. Variation

12.1. PYT reserves the right to alter or amend the terms and conditions contained herein at any time without prior consent by or notice to the User.

12.2. For the avoidance of doubt, the User's continued use of the Services following the amendments constitutes an affirmation and acknowledgement of the amended terms and conditions and also constitute an agreement by the User to abide and continue to be bound by the terms and conditions herein as amended or varied.

13. PYT's Advertisement Policy (Last Revised: 12 October 2009)

PYT's operations are managed according to best practices and procedures to ensure that Users are fully aware of all material information available on PYT. This is to enable Users to make an informed choice. In line with these best practices, PYT has implemented the Advertisement Policy:

13.1. PYT does not allow advertisements or communications that discriminate against race, religious belief, age, gender and marital status. There may be specific requirements base on legal compliances and guidelines on advertising in each country. Users should ensure that they follow such requirements when using PYT in the relevant country.

13.2. PYT does not encourage advertisements or communications that request Users to pay deposits, placement fees, processing fees or any other fees similar in nature, directly or indirectly, and/or require Users to make purchases for additional information. Any Users who do so must indicate the deposits, fees or payment requirement clearly in the advertisements or communications. Users who are making a payment are advised to ensure that the requests are genuine and legal. PYT is not responsible for any loss of money due to such payment.

13.3. PYT does not allow advertisements or communications that purportedly promote pyramid selling or similar schemes.

13.4. PYT does not allow advertisements or communications where applicants are asked to make deposit or advance payment or provide bank account numbers and/or other personal identification numbers in order to receive payments (e.g. Work At Home jobs, Freelance Typists or job/business offers with similar operating mechanisms).

13.5. PYT does not allow advertisements or communications with dubious ethical credentials (e.g. social escorts, etc).

13.6. PYT does not allow advertisements or communications that are untrue or otherwise misleading (e.g. inappropriate use of resume title or misleading qualification details)

The above-mentioned policy not withstanding, PYT hereby disclaims any liability for any prejudice that may have caused the Users.

14. Additional Terms on Subscribed Services

The following terms, including all terms referenced in them, form part of this Terms of Use and provide additional terms and conditions related to subscribed Services offered on our websites:

14.1. PitchUp:

Features

- Subscribing to PitchUP gives you 3 exclusive features:

- You become our Featured User and your profile is made more prominent on the top when search is done.

- You can upload your resume in word file/pdf, photo, even youtube videos etc.

- You will get to own your personal URL - http://www.pitchyourtalent.com/YourName

- All information pertaining to PitchUp's subscription are freely and widely available on the PYT website, and subscribers are fully advised to make their own informed decision before they subscribe to any of these services.

Subscriptions and Rates

- In order to subscribe to PitchUP, you must be of legal age to enter into an agreement.

- PitchUp is a prepaid service, valid for a period as determined during your subscription. Payment may be made online via Master or Visa credit card, or via cheques, money orders, postal orders and bank drafts. Your subscription shall be activated after your payment has been processed.

- Your PitchUp subscription will be terminated at the end of the validity period and the exclusive features will be removed. You may renew the PitchUp subscription to continue using its services.

- You may select to automatically renew your subscription for PitchUp. This can be done by selecting the option to auto charge your credit card.

- PYT has the absolute discretion to change the rates of PitchUp subscription without prior notice and to charge the new rates upon the renewal of the subscription.

- PYT has agreed to pay the taxes, duties and levies applicable to PitchUp. However, PYT reserves the right to charge any such taxes, duties and levies on this Service for any future Subscription without prior notice.

- The prepaid value of PitchUp is not redeemable for cash.

- Your subscription and order details will be displayed in your PitchYourTalent account Info.

Services

- PitchUP is provided to you on an as is and as available basis.

PYT does not make any declaration, representation or warranty in respect to PitchUP regarding:

- Its timeliness, accessibility and availability; or

- Accuracy and completeness of the data transmitted from you to PYT and vice-versa.

- PYT has the unconditional right and absolute discretion to change, vary or modify PitchUp in whatsoever way it feels necessary, without prior notification.

PYT may suspend or terminate PitchUp without prior notice or compensation to you:

- If in PYT's opinion, PitchUp is or will be used for a fraudulent purpose;

- If you do anything which may lead to loss or damage to PYT or injury to its employees, contractors or agents;

- If you breach any of the terms and conditions herein;

- If any technical failure or fault occurs on PitchUp and/or PYT website.

- If there is any suspected fraud in your payment. PYT reserves the right to suspend or terminate your account and to release your details where relevant to any party/parties to further pursue the matter.

- PYT may novate or assign this Agreement to any third party without prior notice or reference to you.

15. PYT Refund Policy

15.1. All information pertaining to PYT's paid Services for employers are freely available on the website. Users may contact PYT before making a purchase for all required information. All Users are fully advised to make their own informed decision before they purchase any of the Services. Refunds will be considered at the sole discretion of PYT, should an User decide later to withdraw their purchase.

16. Rights and Discretion

16.1. PYT reserves the right and discretion to remove any or all advertisements without any reason, any prior notice and with no refund.

16.2. PYT has the right to make relevant enquiries of Users to satisfy any issue raised by management or users of PYT to ensure that the advertisements posted on the website are made in good faith and in compliance with the above policy, and remove such advertisements and/or deregister Users who do not comply.

16.3. Determination of compliance with the Terms of Use is the sole right of PYT.

Sincerely,
The Management Team
PYT