TERMS OF SERVICE

The following Terms of Service (the “Terms of Service”) govern your access to and use of 

(1) the Colla website located at https://colla.team/blog (the “Website”), 

(2) the Colla online platform facilitating the matching of talents (as defined below) and other users (such, company clients, as defined below) to fulfil and balance the current labour market, and 

(3) all other services provided by Colla, as described on the Website (collectively, the “Site”). These Terms of Service form an agreement between Colla by Big Domain Sdn. Bhd. (1255428-V) (“Colla”, “us”, “we”, “our”) and you.

We will provide the definitions below for the purpose of these terms of service: 

Talents: Talents who look for jobs, either permanent job, part-time, freelance, or even contract basis, which we classify some of them as the gig economy

Company clients: Businesses who look for prospective and qualified talents 

The term “you” refers to talents or entities (including, but not limited to company clients) visiting the Site, browsing, or otherwise using the Site for any purposes: for a lookout on job vacancies; or communicating with talents registered with Colla for the purpose of initiating connections and creating employer-employee relationships. 

By accessing and using (the term “use” when used herein in respect of the Site shall mean access or use, and using shall have a corresponding meaning) the Site, you accept and agree to be bound by and comply with these Terms of Service. If you do not accept and agree to be bound by these Terms of Service, please do not access or use the Site. If you are accessing or using the Site on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Service.

The Site is provided solely (the “Permitted Use”) to 

(1) assist you in gathering information about the various types of job vacancies, talents and talents portfolios available on the Site;

(2) enable you to post information regarding your profile (each, “talent’s profile or “company client”’s profile); 

(3) collaborate and team both “talents” and “company clients” up to reach a professional agreement on job markets

(4) facilitate the transmission of payments from you to the talents under a Campaign Agreement (“Platform Services”)

Changes to these Terms of Service and Platform

Except where prohibited by applicable law, Colla reserves the right to change these Terms of Service at any time without notice. Your continued access to or use of the Site after any changes to these Terms of Service indicates your acceptance of such changes. It is your responsibility to review these Terms of Service regularly.

Colla reserves the right to change any information, material, or content (including, but not limited to, talent’s profile and company client’s profile) contained on or provided through the Site (the “Content”) at any time, and from time to time, without notice.

Term And Termination

These Terms of Service shall commence on the day you first use the Site and will continue in force until terminated by either party (the “Term”). Either party may terminate these Terms of Service as follows: 

(1) Colla may terminate these Terms of Service at any time and with immediate effect by giving notice to you, at Colla’s discretion, by email (at your current email address on file with Colla) or through the Site; 

(2) you may terminate these Terms of Service at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Site) that your User Account be deleted, ceasing use of the Site, and uninstalling and removing all local software components thereof.

License Grants

Subject to these Terms of Service, Colla grants you a personal, revocable, non-exclusive, and non-transferable license during the Term to permit you to access and use the Site in accordance with these Terms of Service.

Subject to these Terms of Service, you grant to Colla a perpetual, transferable, irrevocable, royalty-free, fully paid-up, worldwide, and fully sublicensable license to access, collect, store and use any data, information, records, and files that 

(1) you load, transmit to or enter into the Site, or 

(2) we collect from your local computer system or from third parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof solely for the purpose of 

(A) providing the Site Services, 

(B) complying with applicable law, and 

(C) Colla’s reasonable audit and data retention policies.

Consent or Acceptance by Users

Users and Colla agree to comply with taxes and laws of Malaysia as applicable to them.

• For Talents 

• • • All rights, title, and interest in and to any deliverable items, together with any software, documentation, utilities, tools, methodologies, specifications, techniques, and other materials or know-how developed by or on behalf of Colla during and in the course of providing deliverable items, including any intellectual property rights therein, shall become the sole and exclusive property of Service requestor as a work made for seeking jobs (unless agreed otherwise).

• For Company Clients
• All rights, title, and interest in and to any deliverable items, together with any software, documentation, utilities, tools, methodologies, specifications, techniques, and other materials or know-how developed by or on behalf of Colla during and in the course of providing deliverable items, including any intellectual property rights therein, shall become the sole and exclusive property of Company Clients as a work made for hire (unless agreed otherwise).

Privacy Policy

We may collect and use information about you in accordance with our privacy policy. You can view a copy of this policy on our website at www.colla.team. 

You hereby represent and warrant to Colla that you have familiarized yourself and agree with those privacy policies or statements imposed with whom you elect to deal through the Site.

Disclaimer And Limitation Of Liability

The Site and the Content are provided, “as is”, without warranty or condition of any kind. The use of the Site or the Content is at your own risk. Colla does not make any representations, warranties, or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the Site or the Content. The Site and the Content may include errors, omissions, and inaccuracies, including, without limitation, salary errors. Colla does not assume any responsibility for any errors, omissions, or inaccuracies in the site or the content. in addition, Colla expressly reserves the right to correct any errors on the site.

The Content displayed on the site is intended as only general guidelines, and Colla does not guarantee the accuracy of the Content. Colla makes no guarantees about the availability of job vacancies, the number of talents, or the information about the users’ profiles. To the fullest extent permitted by law, Colla disclaims all warranties, representations, and conditions of any kind with respect to the site and the Content whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the Site or the Content are or will be error-free or will operate without interruption. 

In no event will Colla be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not Colla is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the Site or the Content.

Users (as in “talents” and “company clients”) who market their services through the site are independent individuals and organizations, and not contractors, agents, or employees of Colla. Colla is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any party or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom and takes no responsibility whatsoever for the Content created by talents and company clients.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

General Terms Of Service

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Service.

Colla retains the right, at its sole discretion, to deny access to anyone to the Site or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms of Service. You shall cease and desist from any such access or use immediately upon request by Colla.

Ownership

All Content, including and not limited to designs, illustrations, software, video, sound, ids, words, phrases, logos, images, tracks, titles, descriptions, and marks displayed on the Site, are owned or licensed by Colla and are protected by copyright, trademark, and other intellectual property laws.

Colla reserves all rights in the Site and all materials provided by Colla in connection with these Terms of Service that are not specifically granted to you. You acknowledge that all right, title and interest in the Site, all materials provided by Colla in connection with these Terms of Service (including the Content), and any update, adaptation, translation, customization, or derivative work thereof, and all intellectual property rights therein will remain with Colla (or third party suppliers, if applicable) and that the Site and all materials provided by Colla hereunder are licensed and not “sold” to you.

All contents of the Colla website are © 2021 Colla by Big Domain Sdn. Bhd. (1255428-V).

Intellectual Property

The intellectual property rights in the Site and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code, and other content made available on it are owned by us and our licensors. You may not and shall not permit anyone else to print or otherwise make copies of any such content without our express prior permission.

You agree to indemnify and (to the maximum extent permitted by law) hold Colla and any of our affiliates harmless against any damages or liability you may suffer.

Third-Party Websites

The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third-party websites and resources is at your own risk.

Communications Not Confidential

Colla does not guarantee the confidentiality of any communications made by you through the Site. Although Colla generally adheres to the accepted industry practices in securing the transmission of data, you understand, agree, and acknowledge that Colla does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Site.

Indemnification

You shall defend, indemnify and hold harmless of Colla and all of its officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of: 

1. your breach of any of your warranties, representations, or obligations under these Terms of Service or any documents referenced herein; 
2. your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); 
3. your use of the Site; 
4. breach of or failure to perform under any agreement by you or by any third party acting on your behalf or with your permission

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service including all Content such as photographs, advertisements, information, listings, and articles, whether posted by others or by yourself.

Governing Law

These Terms of Service will be governed by and construed in accordance with the laws of Malaysia, and the courts of Malaysia will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Service.

Entire Agreement, Waiver, and Severability

These Terms of Service constitute the entire agreement between Colla and you pertaining to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Colla with respect to the Site. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Colla’s failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.

If any of the provisions contained in these Terms of Service are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.

If any of the provisions contained in these Terms of Service conflicts with the terms of another agreement between the parties, then these Terms of Service shall prevail.

These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.

It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.