Interim.works (“Interim.works”) is an online platform service which includes websites, mobile applications and other technology to facilitate Customer communication and engagement (together the “Website”). The Website is owned and operated by Interim Management Solutions Limited, a Hong Kong company and subsidiary of Gemini Personnel Limited.
The Service is provided conditional on your acceptance of the terms and conditions of use as set forth below (the "Terms"). By accessing, using, and/or downloading information, data or other materials from this Website (the "Content"), you agree and acknowledge on your own behalf and on behalf of any entity on whose behalf you may act to accept (the “Customer”) to abide by these Terms for each use and each visit to this Website.
If you do not accept these Terms, you should not use this Service or Content from it. These Terms apply exclusively to your access to and use of these Services and do not alter the terms or conditions of any other agreement you may have with Interim.works. In case of inconsistency between these Terms and any other agreement you may have with Interim.works, the other agreement shall prevail, but only to the extent of the inconsistency.
These terms may be subject to change from time to time and accordingly you are advised to refer back to these Terms from time to time and before making use of the Website and the Services.
Types of Users:
Interim.works has different roles with respect to different types of users and ‘you’ as used in this agreement will apply to visitors who browse the Service and the Interim.works website and individuals who access and use the Service on their own individual behalf and/or on behalf of a hiring organisation.
||– Users who are applying for an assignment.
||– Users who are employers or organisations seeking to hire people or users who provide recruiting and hiring support.
||– refers to all users of the Service.
- The Website and the Service
- The Website is owned and managed by Interim Management Solutions Limited, incorporated in Hong Kong, and whose registered office address is 8/F, On Hing Building, no. 1 On Hing Terrace, Central, Hong Kong.
- In consideration for Registration and/or the payment of the Fees, Interim.works shall provide the Customer with the services described on the Website, which allow Customers to search, browse, connect and find opportunities for collaboration (“Services”). The Services typically include the following:
- The facility to create “Assignments”, meaning descriptions of an assignment or employment or position that the Business is seeking to fill;
- The facility to upload Customer information, meaning information about the Business’s organisation or any Assignment;
- The ability to view the profile and information of an Interim Manager;
- The ability to use a search tool allowing Customers to connect with prospective Businesses or Interim Managers by skills and/or qualifications.
- Interim.works’ obligations shall be limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the Customer and Interim.works, appoint either party as an agent of the other or authorise the other to enter into any commitments on behalf of the other party.
- Interim.works may from time to time change, suspend or cease any component of the Services upon notice to the Customer. We reserve the right to remove any Content from the Services at any time, for any reason or without any reason and without notice.
- Access to and use of the Website may be interrupted from time to time as a result of updating, equipment malfunction, maintenance or repair of the Website (“Downtime”) or any other reason within or outside our control. Interim.works is under no obligation to notify the Customer in the event of an unplanned Downtime. Where any Downtime is planned, Interim.works shall use reasonable endeavours to notify the Customer.
- To use the Services, the Customer will be required to first register with Interim.works by completing the online registration form on the Website and confirming registration via confirmation e-mail.
- Interim.works reserves the right to conduct due diligence and verification on all information provided by the Customer. If Interim.works has any reason to believe that any of the information provided breaches, or is likely to breach any of these Terms, Interim.works shall be authorised to take any action it deems appropriate including, without limitation, terminating the Customer’s contract.
- The Customer shall ensure that its usernames and passwords (“Logins”) are secure and ensure that they are not used without the Customer’s permission. The Customer must immediately notify Interim.works if it has reason to believe that there has been unauthorised use or access to the Customer’s Logins and/or the Customer’s profile on the Website. The Customer shall be solely responsible and liable for any breach of these Terms arising out of or as a result of using the Customer’s Logins to access the Website and or Services, whether such is authorised by the Customer or not. We accept no liability for any unauthorised or improper use or disclosure of any password.
- Customer Obligations
- The Customer agrees to:
- Provide true, accurate, complete and up to date information;
- Maintain and update all information provided;
- Not use the Services and/or website with the purpose of impersonating another user or person at any time;
- Only use the information made available to the Customer through its use of Services and/or website in connection with the purpose of filling an Assignment or recruitment of interim managers;
- Comply with all relevant regulations in posting any information to the Website, including without limitation, any regulations relating to third party proprietary rights, trade secret rights, copyrights or trademarks;
- Use the Website and the Services in accordance with the applicable law and legislation at all times, in particular to data protection, employment and anti-discrimination legislation.
- The Business agrees to:
- Post Assignments that correspond to actual available employment positions;
- Post Assignments with the knowledge and consent of the Business if acting on behalf of a company and/or individual;
- Be responsible for confirming that each Interim Manager’s qualifications, skills, training and experience;
- Be responsible for confirming that the Interim Manager has the right to work in the relevant jurisdiction;
- Collect and process personal data relating to the Interim Managers only to the extent that the collection of data is necessary and relevant to the Assignment being applied for;
- Unless explicitly stated by Interim.works, Interim.works does not vet or verify the accuracy or correctness of any information, material or data used and/or published by the Customer on the Website. The Customer hereby warrants that the Customer has the right to use all such information and material.
- The Services shall be personal to the Customer and the Customer has no right whatsoever to resell the Services to any third party for any reason without the express consent of Interim.works.
- Interim.works reserves the right to decline to publish, edit or remove any information in whole or in part, if Interim.works has reason to believe that the Customer’s use of the Website or Services breaches these Terms.
- If any information provided by you is in violation of these Terms, Interim.works has the right to terminate your account without notice and refuse all current and future access to the Website and/or Services.
- The Customer acknowledges that Interim.works does not have any control of the behaviour, response or actions of other Customers and therefore will not accept any liability in respect thereof. Interim.works does not warrant, represent or guarantee that Customers will be able to fill the Assignment using the Services.
- The terms of employment and any contractual arrangements shall be negotiated and agreed between the Business and Interim Manager directly. Interim.works shall not be liable for any disagreement or dispute between the Customers, whether relating to the interview or selection process, contractual arrangements or otherwise (collectively “Dispute”). The Customer agrees that Interim.works shall not be liable for any loss or damaged suffered by a Customer resulting from any such Dispute and the Customer hereby releases and hols harmless Interim.works from any such loss or damage or any liability in relation to any Dispute.
- The Customer hereby indemnifies Interim.works against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Interim.works which arise directly or indirectly from any breach by the Customer of Clause 3.
- Interim.works may charge fees for use of the Services, job marketing or use of various third party products or services and optionally managing the recruiting process.
- The fees to access the Website and Services are set out on the Website (“Fees”).
- The Fees shall be payable by the Customer at the beginning of each subscription term, in the manner as set out on the Website unless otherwise agreed in advance and in writing with Interim.works.
- Interim.works may store the Customer’s payment method (e.g. credit card) to avoid interruptions in Service and allow for ease of payment.
- The Fees may be subject to foreign exchange fees or difference in prices based on location.
- If a subscription is purchased, the subscription shall automatically renew at the start of each subscription period and the Customer’s payment method will be automatically charged for the Fees and taxes applicable to that period, unless the Customer notifies Interim.works in writing at least 30 days prior to the renewal date of its intention to not renew the Services.
- In the event that Content is removed and Customer access is terminated from the Website for violating these Terms, all fees paid shall be non-refundable unless agreed in advance and in writing.
- All Fees are exclusive of tax and all other duties.
- The Customer may terminate provision of the Service at any time by cancelling their subscription to the Website.
- Customer use of or access to the Website and the Services may be terminated by Interim.works if the Customer fails to comply, after notice, with any material term or condition of the Terms. Interim.works will notify the Customer of any such failure to comply and provide a reasonable time to rectify any failure.
Intellectual Property Rights
- The Website and all rights, title and interest in and to the Website is the sole property of Interim.works.
- The Customer grants to Interim.works a non-exclusive, worldwide, royalty-free, perpetual and transferable license to use, copy, modify, distribute and publish Assignments and any information or materials provided by the Customer in connection with the performance of the Services, for the purpose of providing Services to the Customer which includes for marketing and promotional purposes.
- The Customer warrants that the Customer owns or has the right or licence to use the intellectual property rights in the Assignments and in all the information and materials provided by the Customer to Interim.works.
- The Customer hereby indemnifies Interim.works against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right.
The Customer and Interim.works shall comply with all applicable data protection and privacy laws and regulations in the performance of its obligations as set out under these Terms, including Hong Kong’s Personal Data (Privacy) Ordinance and all other successor legislation and regulation thereto.
Limit of Liability
- Interim.works does not make any representations or warranties concerning any Customer or Content contained in or accessed through the Services and is not responsible or liable for the accuracy, copyright compliance or legality of any material contained in or accessed through the Services.
- Interim.works’ responsibility is solely to facilitate the connection of the Business and the Interim Manager and shall not be liable for any loss, liability, damage or expense suffered by the Customer in connection with the use of its website or Services.
- Interim.works, including its affiliates, will not be liable in connection with the Services on these Terms for lost profits or lost business opportunities, reputation including offensive or defamatory statements, loss of data including downtime or loss, use of or changes to Customer information or content or any indirect, incidental, consequential, special or punitive damages.
- Interim.works and its affiliates will not be liable to the Customer in connection with the Services and/or these Terms for any amount that exceeds the total fees paid by the Customer to Interim.works for the Services.
These Terms shall be governed by and construed in accordance with the laws of Hong Kong and shall be subject to the exclusive jurisdiction of the courts of Hong Kong.
- All notification and communication to Interim.works should be sent to the contact details made available to the Customer on the website.
- If Interim.works fails at any time to insist upon performance under these Terms or if it fails to exercise any of the rights or remedies to which it is entitled, this will not constitute a waiver of any such rights or remedies and shall not relieve the Customer from compliance with such obligations. No waiver by Interim.works of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing.
- If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by the law.
- The Customer acknowledges that in subscribing for Interim Work’s services and entering into these Terms, the Customer has not relied on any representations, undertaking or other assurances made or implied by anything said or written on this website, the internet or in any negotiations between the parties except as expressly set out in these Terms.
- Interim.works reserves the right to modify these Terms at any time.