Terms and Conditions
1. DEFINITIONS
1.1 “Anemone” means Anemone Global Pte Ltd, employees of Anemone and Anemone's platform.
1.2 “Recruiter” means any registered individual headhunter or recruitment organization that registers to use Anemone’s recruitment platform.
1.3 “Client” means the Company who has a need to recruit candidates through the use of Anemone’s recruitment platform.
1.4 “Candidate” means the person referred to the Client by Recruiter through Anemone’s recruitment platform .
1.5 “Services” means the services provided on Anemone’s recruiting platform
1.6 “Platform Usage Fee” is the fee that Anemone receives from Client.
1.7 Force Majeure Event means a Force Majeure event in accordance with substantive law .
2. OVERVIEW
2.1. Important - please read these terms carefully. By using the Services, Recruiter agree that Recruiter have read, understood, accepted and agreed to the terms. These Terms of Use and Anemone’s policies constitute a legally binding agreement ("Agreement ") between Recruiter and Anemone. The Agreement applies to Recruiter's use of the Service (as defined below) provided by Anemone. If Recruiter does not agree to the Terms of Use, please do not use or continue using the Application or the Service. Recruiter also agrees to the commitments made below and are fully responsible to any party for violating Recruiter's commitments under this Agreement.
2.2. Anemone reserves the right to amend, change or modify the terms and conditions of this Agreement or Anemone's policies related to the Service at any time deemed to be suitable by Anemone. Whenever Anemone changes these Terms, the changes will take effect immediately after Anemone posts the revised Terms (specified by amending the date at the beginning of these Terms) or when Recruiter accept if we ask Recruiter to confirm by email the revised Terms (such as the confirmation or agreement button). Recruiter are responsible for regularly checking the Terms of Use, continued use of the Service after any changes, whether Recruiter have reviewed them or not, will mean Recruiter have accepted and been legally binding on changes under this Agreement.
2.3. Anemone Global (UEN 202436345E) ("Anemone") provides information and methods for Recruiter to introduce Candidates for Client, but neither and nor intention to provide recruiting Services in any form as an operator of recruiting individuals or organizations.
2.4. Anemone is a technology company that neither provides nor participates in recruitment services and Anemone is not a recruiting service provider. Anemone platform is provided to enable Recruiter (as a headhunter) to introduce and connect candidates with Client. The role of Anemone is to connect Client with Recruiter. Anemone will not be responsible for any of Recruiter's actions and/ or omissions, the liabilities related to the service must be borne by Recruiter for Recruiter's acts. Recruiter are not the recruiter's agent, employee or worker and the information provided by Recruiter is not considered to be provided by Anemone.
3. CONDITIONS FOR RECEIVING REWARDS
3.1. When Recruiter introduce successful candidates (that means, candidates who accept to work for Client), Recruiter will receive a placement bonus in 2 periods:
i. 50% of the placement reward after Client has signed an official employment Agreement with the Candidate.
ii. 50% of the placement reward will be paid after the Candidate has finished the first 30 days.
3.2. There is no limit to the number of positions to which Recruiter can refer Recruiter's Candidates.
3.3. To maintain the quality standards of Anemone, Anemone has the right to view profiles and reject unqualified referrals. When rejecting, Anemone will inform the reason, Recruiter can edit and update the information to continue referring candidates.
3.4. Recruiter agree and acknowledge that, in any case, if Client has not paid the Platform Usage Fee for Anemone, Anemone will not pay placement rewards to Recruiter. This situation often happens to enterprises or employers recruiting through Anemone for the first time, and payment is delayed due to paperwork.
4. PAYMENT TERM
4.1. In the context of a Request, the Placement Commission Percentage is defined by the Employer via the Platform before the launch of the mission.
4.2. Payment term: Anemone will aggregate Recruiter's income statement and pay on the 5th and 20th of every month. The payment amount will be the sum of Recruiter's successful transactions from the reporting date back to the previous "summary date".
4.5. Payment methods: Transfer to Account information provided by Recruiter. Recruiter are responsible for the Bank Payment Fee (if any).
5. WARRANTY
5.1. Anemone applies a warranty package of 90 (ninety) days from the first day Candidates start working for Client.
5.2. In the event of the departure of a Candidate hired during the Guarantee Period and subject to the validity of these conditions of application of the Guarantee, Recruiter undertakes to relaunch free of charge a Replacement Request identical to the initial Request. In the absence of a new Placement from the Recruiter within four (4) months from the publication of the Replacement Request, this will be transformed into a repayment obligation by the Recruiter.
6. POLICY OF PROTECTION PERSONAL DATA
6.1. For the purposes of this Agreement, "Personal Data " means information about Recruiter from which Recruiter are identifiable, including, but not limited to Recruiter's name, phone number, credit or debit card details, gender, email address, any information about Recruiter which Recruiter have provided to Anemone in the registration forms, applications or any similar forms and / or any information about Recruiter that has been or may be collected, stored, used and processed by Anemone from time to time.
6.2. The provision of Recruiter's Personal data is completely voluntary. However, if Recruiter do not provide Anemone with Recruiter's Personal data, Recruiter's request to use the Services may be incomplete and Anemone will not be able to process Recruiter's Personal data for the Purposes outlined below and may cause Anemone to be unable to allow Recruiter to use the Service.
6.3. Anemone may use and process Recruiter's Personal data for business and activities of Anemone which shall include, without limitation the following (the “Purposes”):
i. To perform the Anemone’s obligations in respect of any Agreement entered with Recruiter;
ii. To provide Recruiter with any services pursuant to the Terms of Use herein;
iii. To process, manage or verify Recruiter's application for the Service pursuant to the Terms of Use herein;
iv. To validate and/or process payments pursuant to the Terms of Use herein;
v. To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
vi. To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
vii. To respond to questions, comments and feedback from Recruiter;
viii. To exchange to Recruiter about any of the purposes listed herein;
ix. For internal administrative purposes, such as auditing, data analysis, database records;
x. For Anemone to comply with its obligations any applicable laws, regulations;
xi. To send Recruiter notification, newsletters, updates, mails, promotional materials, special privileges, festive greetings from Anemone, its partners, advertisers and or sponsors;
xii. To notify and invite Recruiter to events or activities organized by the Anemone , its partners, advertisers, and/or sponsors;
If Recruiter do not agree to Anemone using Recruiter's Personal Information for any of the above Purposes, please notify Anemone of that via email julian@anemonehr.com
6.4. If any of the Personal Data that Recruiter have provided to Anemone, for example, if Recruiter change Recruiter's e-mail address, telephone number, payment details or if Recruiter wish to cancel Recruiter's account or withdraw Recruiter's permission to receive communications, please update Recruiter's information on the system. Any changes of personal data without updating to the system will lead to problems arising during the use of the Service, including but not limited to the payment of bonuses to Recruiter, Anemone will not be responsible.
7. GUARANTEE, WARRANT, AND COMMITMENT
By using Anemone Services, Recruiter expressly gurantee, warrant and commit that:
7.1. Recruiter guarantee, warrant and commit that Recruiter have full rights and authority to enter into this Agreement and Recruiter's acceptance of these Terms of Use and fulfill Recruiter's obligations under the Agreement, no and will not breach any other agreements Recruiter enter into.
7.2. Recruiter own the content which Recruiter post to or through the Services or in other words, Recruiter are granted the rights and licenses set forth in these Terms of Use; (ii) posting and using the Content on or through the Service does not infringe, illegally possession or infringe on the rights of any third party, including but not limited to privacy rights, publicity rights, copyright, trademark and / or other intellectual property rights.
i) Profile Name Policy
The name used on a Anemone profile must be Recruiter's real, legal name - the name Recruiter are commonly known by in real life. Nicknames, pseudonyms, or impersonations of other people are against Anemone's real name policy. The purpose of this policy is to ensure members are authentically representing themselves.
ii) Profile Photo Policy
The profile photo must be a photo of Recruiter's face clearly showing Recruiter's facial features. It cannot include inappropriate content or violate Anemone's content policy. The photo must be representative of Recruiter's current appearance. Photos are meant to unambiguously identify the member and prevent misrepresentation.
iii) Enforcement Policy
Anemone reviews profile names and photos to ensure members are authentically representing themselves and not attempting to mislead others through inaccurate identity details. Profiles found to be purposefully misleading in the name or photo presentation may be suspended or removed from Anemone. Overall, Anemone aims to promote transparency regarding members' real world identities through the enforcement of these policies.
7.3. Recruiter warrant and guarantee that Recruiter will not approach Anemone's Clients to introduce or recommend any similar service to the service that Anemone offers to businesses. The Recruiter will not solicit, hire or assist others in soliciting, hiring or assisting others in so doing employees of the Employer and Anemone.
7.4. Anemone has the right to remove any Content from the Service for any reason which, in its sole discretion, violates these Terms, violates laws, rules or regulations, is abusive in nature, disrupt, offend or illegal, or violate the rights, or harm or threaten the safety of Users of any Anemone.co website. Anemone has the right to deport users and prevent their subsequent access to the Anemone.co website and / or use the Anemone Services when violating these Terms or violating laws, rules or regulations.
7.5. Anemone is permitted to take any action related to Recruiter's Content when it is deemed necessary or appropriate if Anemone believes that Recruiter's Content may create liability for Anemone, causing damage to the Anemone’s brand.
7.6. All information which Recruiter provide shall be true and accurate and Recruiter will only use the Services for lawful purposes.
7.7. Recruiter will not take any behavior with purpose trying to interrupt or harm the Service in any way whatsoever;
7.8. Recruiter shall not authorize others to use Recruiter's identity or Recruiter's account and Recruiter may not assign or transfer Recruiter's User account to any other person or organization.
7.9. Recruiter will provide accurate, current and complete information as required of Services and undertake the responsibility to maintain and update Recruiter's information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. Recruiter agree that Anemone may rely on Recruiter's information as accurate, current and complete. Recruiter acknowledge that if Recruiter's information is untrue, inaccurate, not current or incomplete in any respect, Anemone has the right but not the obligation to terminate this Agreement and Recruiter's use of the Services at any time with notice send via platform or signed email;
7.10. When using the Services, Recruiter agree to comply with all terms applicable to Recruiter in the process of using the Services.
7.11. Recruiter agree to accept full responsibility and liability for all loss or damage caused by Recruiter's breach of this Agreement but not the fault of Anemone and when Anemone is a bona fide third party who do not know that or compel to know that, prior to using the Services, Recruiter were bound by any agreement with any third party.
7.12. Completely comply with Anemone's policy during the use of the Service
7.13. Be subject to sanctions upon breach of the Agreement in accordance with this Agreement.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Only Anemone has the right to own all rights, ownership rights and interest, including all intellectual property rights relate to the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Recruiter or any other party relating to the Service. These Terms of Use do not constitute a sale agreement and do not convey to Recruiter any rights of ownership in or related to the Service, Company’s name, logo, Service, Software and/or the Application which is Anemone’s brand and have no rights or licenses are granted to use them.
8.2. Recruiter must keep confidential in all information and data related to Anemone, services, products, businesses, marketing, and promotion plans or other Anemone's activities disclosed to Recruiter either gathered indirectly or directly by Recruiter, from Anemone or any other affiliated companies, or created during this Agreement signing process. Recruiter further warrant that Recruiter will only use such confidential information to use the Services and may not disclose that information to any third party or for any other purpose without written consent of Anemone.
8.3. Recruiter are not allowed to post the display of Client's logo and name on media without the permission of Anemone .
8.4. The above confidentiality obligations do not apply in the case that Recruiter indicate that relevant information falls into one of the following categories:
i. The information was owned by Recruiter at the time of receiving the information;
ii. Is, or becomes in the future, universal information that is not Recruiter's fault or mistake;
iii. Has been received by a third party with the right to disclose them; or
iv. Must disclose in accordance with the law.
9. ROLE OF ANEMONE IN THE PROCESS OF PROVIDING THE SERVICE
9.1. Anemone, in its jurisdiction, will follow and provide reasonable support during the Recruitment process of the Candidates and absolute confidentiality for the parties
9.2. Anemone will not participate in the selection process nor will not be biased for any recruiter or Client. Anemone will also not participate in the platform to compete with Recruiter.
9.3. Anemone is only the provider of the platform for Recruiter and Client to connect with each other, for each case that Client successfully recruits Candidates through the platform, Anemone will collect Platform Usage Fee in accordance with this Agreement and other related Agreements
10. DISPUTE SETTLEMENT MECHANISM
10.1. All disputes and complaints related to the transactions on the Platform between Client and Recruiter will be settled personally by the two parties.
10.2. All dispute arising between Recruiter and Anemone will be settled on the basis of negotiation. In case no agreement is reached as expected, either party has the right to bring the case to the competent People's Court for settlement.
10.3. Anemone will not be responsible for any case related to the case that Recruiter have not deleted the contact information of the Candidate in the profile posted to the Anemone system.
10.4. Profile Candidates submitted by Recruiter through Anemone will be notified to the Candidate and need their permission before being transferred to the company. If Anemone receives notice from the Candidate that they have never allowed Recruiter to represent them, Anemone will have the right to stop all Recruiter's activities on the system to ensure privacy for all individuals.
11. LIMITATION OF LIABILITY
11.1. Recruiter agree and confirm that, by agreeing to the Terms of Use under this Agreement, Recruiter waive Anemone from any obligations including but not limited to (responsibility for reimbursing the fees that Anemone has received from the Candidate information Recruiter post on the Platform, compensation for damages to any parties ..) for Recruiter's breach of the Terms of this Agreement. As such, for any request from any third party for Recruiter's violation, Recruiter will be the main responsible, Anemone is not responsible for any of Recruiter's violations.
11.2. Anemone does not and will not approach or supervise the suitability, legality, ability, or performance of any party with Recruiter and Recruiter expressly waive and release Anemone from all legal liabilities, claims or damages arising from or by other ways relating to third parties and Recruiter .
11.3. Anemone will not be a party to the dispute or negotiate disputes between Recruiter and any other third parties. Recruiter are solely responsible for Recruiter's own behaviors in connection with the Service. Recruiter expressly waive and release Anemone from all legal liability, claims, legal proceedings or damages arising from the use of the Service in connection with any relationship between Recruiter and any third party.
12. COMPLIANCE AND HANDLING OF BREACH
12.1. Anemone reserves the right to decide whether the Account violates the Account Regulations, Operational Regulations, Candidate Referral Regulations, or has any behavior affecting Anemone's business operation when there are sufficient grounds to believe that That account is in violation. In case of violation:
i. Anemone reserves the right to permanently or temporarily terminate the operation of an Account if Recruiter are determined to have breached the Account Rules, Operational Regulations, Candidate Referral Rules and, To the business of Anemone or adversely affect the relationship between Anemone and the customer.
ii. Anemone reserves the right to charge Recruiter a violation penalty equal to 03 (three) times the amount of damage Recruiter have inflicted and freeze the bonuses. In addition, Recruiter may be subject to additional fines according to Vietnamese law if any.
12.2 In case Recruiter breach any of the terms of this Agreement without due to Force Majeure Event and Anemone's fault, Anemone reserves the right to take the following actions:
i. Deleting Recruiter's Account on Anemone Platform
ii. Remove any candidate information Recruiter have referred on Anemone platform
iii. Requesting Recruiter to reimburse all fees received from Anemone that Recruiter obtained through Recruiter's breach.
iv. Request Recruiter a fine equivalent to three (three) times the amount specified in Section 12.2.iii
13. TERMINATION CLAUSE
Without prejudice to any provision of this Agreement, the Agreement will terminate when Recruiter's relationship with Anemone as a merchant on Anemone’s system is terminated. This termination does not release either party from the liabilities incurred by that party at the time of termination or arising in the period prior to the termination and does not prevent either party from pursuing any rights and remedies under law or fair law for violations of this Agreement.
14. SEPARATELY
If any provision of this Agreement is deemed to be invalid or unenforceable, it will not affect any remaining provisions of the Agreement.
15. ENTIRELY
This Agreement includes the entire agreement between Recruiter and Anemone and supersedes any previous negotiations or discussions or agreements.
RULES OF REFERRAL & BEHAVIOR FOR REFERRER
ON THE ANEMONE SYSTEM
To ensure the quality of the Services provided to Clients in the most professional way, Anemone recommends a number of criteria for introducing Candidates through our system.
REFERRAL CANDIDATES
1. Information about Referrer.
Create a referral account (Recruiter ID) on the system of Anemone. Provide complete and accurate personal information.
2. Referral Candidates
To ensure the interests of the referrer, all information exchanged between the referrer and the Clients must be made through Anemone's system. In case have a dispute, Anemone will rely on the information recorded on the system to protect the interests of referrals.
Provide full and accurate information about the position for the candidate. Only recommend the candidate is looking for a job. Provide the candidate's information completely and accurately. Provide specific and objective introduction about Candidates, stating at least 3 reasons why the Candidate is suitable for the position. Make sure the Candidate confirms the introduction within 48 hours of the introduction. Proactively support if the Client has questions about the Candidate's experience and skills. Proactively support if the Candidate has a position vacancy. Update and promptly notify Anemone of changes from Update and promptly notify the Candidate of changes in vacancies.
3. Successful referral
Confirm with the Candidate the official time to work and sign the Agreement. Update and promptly notify Anemone of changes from the Candidate.
BEHAVIOR RULES
When joining the Anemone system, we are committed to ensuring absolute benefits for referrer. However, there will be cases of misunderstanding or force majeure leading to controversies that do not benefit referrer and Anemone. When there is a problem of dissatisfaction, participants in the system please keep calm, do not use offensive words, threaten candidates, clients, or representatives of Anemone, and do not distribute untrue and unproven information, images.
These are general mandatory terms, failure to comply with referral and behavior rules at any time will result in a temporary or permanent deactivation of the referrer's account (Recruiter ID).
Anemone wishes to receive the support and trust of its members, so if Recruiter are not satisfied, members please comment and respond directly to client care department or management members of Anemone.
Best regards!