General Terms and Conditions of GECO Asia for the Use of the Consultant Portal
Version: September 2018
GECO Asia Pte Ltd operates its resourcing and candidate placement business under a Comprehensive Employment Agency Licence from Ministry of Manpower (License Number: 07C4453) and conforms to the requirements under the Employment Agency Framework.
1. Validity of these Terms and Conditions
1.1 These General Terms and Conditions (hereinafter referred to as "GTCs") govern the use of the GECO Asia Pte Ltd (hereinafter referred to as "GECO") web portal for IT consultants. Acceptance of these GTCs is a prerequisite for the use of additional GECO Internet services, such as, in particular, uploading a profile, opportunities to apply for jobs and the online certification service.
1.2 Only the present General Terms and Conditions apply to the use of these online services. If you use your own General Terms and Conditions, these will not be an integral part of the contract. This also applies even if GECO does not explicitly oppose the use of your General Terms and Conditions.
1.3 GECO services are geared exclusively towards freelancers and contractors, (i.e. Independent Professionals) who use these services within the context of their commercial activity.
1.4 You can find more information about GECO at www.geco.asia.
1.5 GECO reserves the right to amend these terms and conditions of participation and use at any time. GECO will inform you of any amendments of this kind at least 30 calendar days before they are scheduled to come into effect. If you are not in agreement with the amendments, you have the right to terminate your contract.
2. Service content
2.1 On the portal, GECO will provide you with various information services and other services for your time-limited use. Such services may include, for example, the provision of data, contributions, image and sound documents, information and other content (hereinafter referred to collectively as "content"), or the opportunity to upload your profile, apply for jobs and obtain individual certificates.
2.2 The content and scope of the services is defined pursuant to the respective contractual provisions and depending on the features currently available on the portal in each case.
2.3 For the duration of your contract, GECO will grant you the right to use the portal content free of charge and pursuant to the terms and conditions set down herein.
3.1 The contract will come into effect as follows:
You enter your details on the website at the address https://www.geco.asia/users/register/new/registration. By completing your entry and clicking on the "Register" button, you submit your interest to GECO.
Once you have entered your details, you will receive a confirmation email to the effect that your registration application has been received by GECO. However, this email does not mean that your application has been accepted. It will not be accepted until GECO has checked that you meet the prerequisites for registration.
A contract subject to these terms and conditions of use will come into effect as soon as GECO has accepted your contract offer by email and/or by activating your account. GECO is under no obligation to activate an account for you.
3.2 Only you specifically are entitled to use your membership account ("account"). You are not permitted to transfer your account and/or to pass on the password issued to you upon registration.
4. Contract term, notice of termination and termination
4.1 The contract will come into effect immediately upon activation and remain in effect for an indefinite period. It can be terminated by either Party through ordinary or extraordinary termination.
4.2 If the contract is terminated by GECO, it must be terminated in writing.
4.3 You are entitled to terminate the contractual relationship at any time without notice by deleting your account. After your contract has been terminated, GECO will delete your data, insofar and inasmuch as it is not legally obliged or entitled to retain your data.
4.4 GECO is entitled to terminate this contract for the use of the portal without notice at any time, at its own discretion and for whatever reason and to end the contractual relationship. The contractual relationship will end once the account has been deleted in its entirety.
5. Guarantee, liability for compensation
5.1 You have the right to use the services available on the portal only within the framework of what is technically and operationally possible for GECO. GECO will endeavour to ensure, as far as possible, that its services are continuously available. Nevertheless, technical difficulties (e.g. power cuts, hardware or software errors, technical problems in the data lines) may result in temporary restrictions or interruptions. GECO assumes no responsibility for the omnipresent and ubiquitous availability of its services and/or for the correct transmission of data from your location to that of the data centre where the certification software is hosted and back again.
5.2 Furthermore, GECO is only liable for intentional, malicious and/or grossly negligent conduct.
6. Protection of content, responsibility for third-party content
6.1 The content available on the portal is mainly protected by copyright or other protective rights and is the property of GECO. The compilation of the content as such is, if applicable, protected as a database within the meaning of §§ 4 para. 2, 87a para. 1 UrhG (German Copyright Act). You are permitted to use this content only pursuant to these terms and conditions of participation and use and within the portal's predetermined framework.
6.2 Some of the content available on the portal originates from GECO, whilst other content originates from other participants or other third parties. Content originating from participants and content originating from other third parties are hereinafter referred to collectively as "third-party content". GECO does not check third-party content for completeness, accuracy and legality and therefore assumes no responsibility for, and provides no guarantee of, the completeness, accuracy, legality or up-to-dateness of third-party content. The same applies to the quality of third-party content and its suitability for a specific purpose, and also to third-party content on external websites to which links are provided.
7. Rights to use the content available on the portal
Unless other kinds of use are expressly permitted in these terms and conditions of participation and use or on the portal itself, or a corresponding feature (e.g. a download button) is provided on the portal:
– You are permitted to call up online and display the content available on the portal exclusively for your own purposes. This right of use is limited to the duration of your participation in the portal pursuant to your contract.
– It is prohibited for you to process, alter, translate, show or present, publish, issue, reproduce or distribute the content available on the portal, either in whole or in part. Likewise, it is prohibited for you to remove or alter copyright notices, logos or any other identifiers or proprietary notices.
8. Data protection
8.1 The personal data provided through your registration on the portal and your use of the available services will be collected, stored and processed by GECO only insofar as this is necessary for the provision of services pursuant to the contract and is permitted by the relevant legal provisions, or if it is required by law. GECO will treat your personal data as confidential, will handle it in accordance with the provisions of the data protection law in force, and will not forward it to third parties.
8.2 Furthermore, GECO will not use your personal data unless you have expressly consented to this use. Once you have given your consent, you can revoke it at any time.
9. Concluding provisions
9.1 In order to be legally valid, amendments and additions to these terms and conditions must be made in writing. This formal requirement can only be waived through a separate agreement, and this must also be made in writing.
9.2 If one of the present clauses is or becomes invalid, this does not affect the validity of the remaining clauses or of the contract as a whole.
9.3 Singapore law applies. The competent court of jurisdiction is Singapore.
GECO Asia Pte Ltd
2 Venture Drive,
#10-18, Vision Exchange
Mainline: +65 6560 3224
Fax: +65 6515 4818
Managing Director: Rahul Kaul
VAT Identification number: 200613609M
Singapore Employment Agency No. 07C4453