Terms of Use


Last updated: 1st June 2019

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any country in the world of applications, websites, content, products, and services (the “Services”) made available by FINDISH Inc. established in Republic of Korea("South Korea"), having its office at “20, Pangyo-ro 289beon-gil, Bundang-gu, Seongnam-si, Gyeonggi-do, Republic of Korea” (“FINDISH”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and FINDISH. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. FINDISH may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

FINDISH may amend the Terms related to the Services from time to time. Amendments will be effective upon FINDISH’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in FINDISH’s Privacy Policy located at http://findish.co/privacy.html. FINDISH may provide to a claims processor or an insurer any necessary information if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party provider and such information or data is necessary to resolve the complaint, dispute or conflict.


The Services

The Services constitute a technology platform that connects users who want to get professional opportunities with businesses seeking candidates for such opportunities through FINDISH’s mobile applications, website and related services (an “Application”).
This Contract applies to both Registered users of the Services (“Members”) and unregistered users (“Visitors”).

Unless otherwise agreed by FINDISH in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

1) License

FINDISH enables users to comment on a photo, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (“Content”). Any Content provided by you remains your property and you are only granting FINDISH and our affiliates the following non-exclusive license:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and Content that you provide through the Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

  1. You can end this license for specific Content by deleting such Content from the Services, or generally by closing your account, except (i) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (ii) for the reasonable time it takes to remove from backup and other systems.

  2. FINDISH will not include your Content in advertisements for the products and services of third parties to others without your separate consent (including sponsored Content). However, FINDISH has the right, without payment to you or others, to serve ads near your Content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy.

  3. FINDISH will get your consent if FINDISH wants to give others the right to publish your Content beyond the Services. However, if you choose to share your post as "public", FINDISH will enable a feature that allows other Members to embed that public post onto third-party services, and FINDISH enables search engines to make that public Content findable though their services.

  4. While FINDISH may edit and make format changes to your Content (such as translating it, modifying the size, layout or file type or removing metadata), FINDISH will not modify the meaning of your expression.

  5. Because you own your Content and information and FINDISH only has non-exclusive rights to it, you may choose to make it available to others.

You and FINDISH agree that FINDISH may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services to FINDISH, you agree that FINDISH can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide Content or information that does not violate the law nor anyone’s rights (including intellectual property rights). If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content. You also agree that your profile information will be truthful. FINDISH may be required by law to remove certain information or Content in certain countries.

2) Service Availability

FINDISH may change or discontinue any of the Services. FINDISH don’t promise to store or keep showing any information and Content that you’ve posted.

FINDISH is not a storage service. You agree that FINDISH have no obligation to store, maintain or provide you a copy of any Content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

By using the Services, you may encounter Content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. FINDISH generally does not review Content provided by our Members. You agree that FINDISH is not responsible for others’ (including other Members’) Content or information. FINDISH cannot always prevent this misuse of the Services, and you agree that FINDISH is not responsible for any such misuse.

3) Limits

FINDISH reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. FINDISH reserves the right to restrict, suspend, or terminate your account if FINDISH believes that you may be in breach of this Contract or law or are misusing the Services.

4) Intellectual Property Rights

FINDISH reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in the Services or the Content or information made available through the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. FINDISH trademarks, service marks, graphics, and logos used for the Services are trademarks or registered trademarks of FINDISH.

5) Automated Processing

FINDISH will use the information and data that you provide and that FINDISH has about Members to make recommendations for connections, Content and features that may be useful to you. For example, FINDISH use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.


Your Use of the Services

1) User Accounts

In order to use most aspects of the Services, you must register a personal user Service account(“Account”) through your Email address or your account with Facebook. You have the ability to disable the connection between your Account and your Facebook account at any time, by contacting FINDISH support through accessing the "Settings" section of the Application.

When you register an Account, you give FINDISH certain information voluntarily. This includes your name, email address, profile photo and any other information you give FINDISH. You can also choose to share with FINDISH location data or mobile number. If you applied to jobs on the Application, FINDISH collects details of your applications. For more information regarding the information FINDISH collects from you and how FINDISH uses it, please consult FINDISH’s Privacy Policy. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or FINDISH’s termination of these Terms with you. You are responsible for all activity that occurs under your Account. Unless otherwise permitted by FINDISH in writing, you may only possess one Account.

2) Service Eligibility

The Service is not available for use by persons under the age of 16. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to other users or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

3) Notice and Messages

You agree that we will provide notices and messages to you in the following ways: (i) within the Service, or (ii) sent to the contact information you provided us (e.g., email address, mobile number). You agree to keep your contact information up to date.

4) Promotional Codes

FINDISH may, in FINDISH’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that FINDISH establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by FINDISH; (iii) may be disabled by FINDISH at any time for any reason without liability to FINDISH; (iv) may only be used pursuant to the specific terms that FINDISH establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. FINDISH reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that FINDISH determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

5) Network Access and Devices

You are responsible for obtaining access to the services. Your mobile network's data and messaging rates may apply if you access the services of a wireless-enabled device and you will be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices to access and use the Services and Applications thereto. FINDISH does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays in the use of the Internet and electronic communications.


Disclaimers; Limitation of Liability; Indemnity.

1)DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FINDISH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FINDISH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FINDISH DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF JOB OFFERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

2) LIMITATION OF LIABILITY.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS FINDISH HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), FINDISH AND ITS AFFILIATES (AND THOSE THAT FINDISH WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

3) Indemnity

You agree to indemnify and hold FINDISH and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) FINDISH’s use of your Content; or (iv) your violation of the rights of any third party, including other Members and Businesses.


Governing Law and Venue

This Terms of Use is governed by the laws of South Korea as such laws are applied to agreements entered into and to be performed entirely within South Korea, and by the laws of South Korea. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Terms of Use. You agree that the Services shall be deemed solely based in South Korea, and that the Services do not give rise to personal jurisdiction over FINDISH, either specific or general, in jurisdictions other than South Korea. You further agree that the courts located in South Korea shall have exclusive jurisdiction and venue over all controversies and disputes in connection herewith, including but not limited to any controversies or disputes arising from or related to the Software, Services, Content or this Terms of Use. You agree not to commence or prosecute any action against any FINDISH Party other than in courts located in South Korea, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in such courts.


Other Provisions

1) Notice

FINDISH may give notice by means of a general notice on the Services, mail to your email address in your Account. You may give notice to FINDISH by contacting findish@findish.co.

2) General

You may not assign or transfer these Terms in whole or in part without FINDISH’s prior written approval. You give your approval to FINDISH for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of FINDISH’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, FINDISH or any Members as a result of the contract between you and FINDISH or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”