Terms of Use

By accessing, registering for, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. Where applicable, you will be required to provide explicit acceptance through an electronic confirmation mechanism. Such acceptance shall be recorded and shall constitute a legally binding agreement.

You confirm that:

• you have the legal capacity to enter into this agreement;
• where acting on behalf of an organisation, you have the authority to bind that organisation to these Terms.

Continued access to or use of the Platform following any updates to these Terms shall constitute acceptance of such updated Terms.

• ”Platform” means TurntoHuman Jobs, TurntoHuman HRM, and all related systems, websites, applications, features, functionalities, APIs and services operated by the Company, including any future enhancements or additions.
• “User” means any individual who accesses or uses the Platform, including candidates, job seekers and general users.
• “Client” means any employer, company, organisation or entity that uses the Platform for recruitment or related purposes, including its employees, agents and authorised representatives.
• “Services” means all products, services, tools, features, functionalities and offerings made available through the Platform, whether free or paid.
• “Account” means a registered account created by a User or Client to access and use the Platform.
• “Content” means any data, information, text, documents, images or materials submitted, uploaded or generated by Users or Clients through the Platform.
• “Fees” means any charges payable for access to or use of the Platform or services, including subscription fees, usage-based charges or service fees.
• “Personal Data” shall have the meaning assigned to it in the Data Collection Notice and applicable laws.

The Company grants you a limited, non-exclusive, non-transferable and revocable licence to access and use the Platform for its intended purposes. No ownership rights in the Platform are transferred to you.

The Company reserves the right, at its sole discretion, to:

• restrict, suspend or terminate access to the Platform;
• refuse registration or account creation;
• limit or modify access to any features or services.

Access may require account registration and verification. The Company may impose eligibility requirements for certain services and may modify, update or discontinue any part of the Platform at any time without prior notice. To the extent permitted by applicable law, the Company shall not be liable for any loss or disruption arising from such restrictions or modifications.

• Users shall provide accurate, complete and up-to-date information when creating and maintaining an account.
• You are responsible for maintaining the confidentiality and security of your login credentials and shall not disclose such credentials to any third party.
• You are fully responsible for all activities conducted through your account, whether authorised or unauthorised.
• You shall immediately notify the Company of any unauthorised access, suspected breach, or misuse of your account.
• You shall not share accounts or grant access to any unauthorised person.

The Company may suspend or terminate accounts where false or misleading information is provided, security risks are identified, or misuse or suspicious activity is detected. To the extent permitted by applicable law, the Company shall not be liable for losses arising from your failure to safeguard credentials, unauthorised access to your account, or misuse by any third party.

Users and Clients shall not:

• misuse, exploit or unlawfully process any Personal Data obtained through the Platform;
• engage in fraudulent, deceptive or misleading activities;
• access or attempt to access data, accounts or systems without authorisation;
• interfere with, disrupt or compromise the integrity or security of the Platform;
• use the Platform for any purpose that is unlawful or in breach of applicable regulations.

You shall not use any automated means — including bots, crawlers, scrapers or data mining tools — to access, monitor, copy or extract data from the Platform without prior written consent. You shall not copy, reproduce or commercially exploit any data obtained from the Platform, use it to build, train or support competing products or services, or engage in activity that competes with or undermines the Company’s business.

Clients shall not circumvent the Platform to avoid payment of applicable fees, including by:

• directly engaging candidates introduced through the Platform outside the Platform;
• delaying or structuring hiring arrangements to avoid payment obligations.

Any breach may result in immediate suspension or termination of access, restriction of services, and legal action including recovery of damages and enforcement of fees.

Clients shall be solely responsible for all recruitment, hiring and employment decisions made using the Platform. The Company does not:

• verify the accuracy, completeness or suitability of any candidate information;
• guarantee the performance, qualifications or conduct of any candidate;
• participate in or make hiring decisions on behalf of Clients.

Clients shall conduct their own independent due diligence, verification and assessment of candidates, and shall comply with all applicable employment, labour, immigration, work permit, anti-discrimination and equal opportunity laws.

Clients shall use Personal Data obtained through the Platform only for legitimate recruitment purposes and shall not misuse or disclose such data without lawful basis, retain data beyond necessary purposes, or use it for unrelated commercial activities. Where a candidate introduced through the Platform is engaged by a Client, applicable fees may be payable in accordance with Sections 7 and 22.

The Company charges fees for access to and use of the Platform and services, including subscription fees, usage-based charges, data access fees, recruitment service fees, or any other applicable charges as determined by the Company. All applicable fees shall be communicated through the Platform, quotation or agreement prior to use of the relevant services.

All fees are payable in advance unless otherwise agreed in writing. All payments are non-refundable, except where required by applicable law (including the Consumer Protection Act 1999). You agree to pay all applicable fees in full and on time and shall not withhold or delay payment for any reason.

The Company reserves the right to:

• charge fees using your selected payment method;
• suspend, restrict or terminate access for non-payment;
• impose late payment interest where applicable;
• recover outstanding fees through legal means.

You are responsible for all taxes, duties or charges imposed by applicable authorities or payment providers. The Company may modify pricing, fee structures or billing models at any time. Continued use of the Platform constitutes acceptance of such changes. Where services are provided on a usage or success basis, fees become payable upon occurrence of the relevant event, including candidate engagement, hiring or data access.

The Platform and services are provided on an “as is” and “as available” basis without any guarantees of uninterrupted or error-free operation. The Company does not warrant that the Platform will be continuously available, free from errors, bugs or defects, or that any defects will be corrected immediately.

The Platform may be subject to scheduled maintenance, system upgrades or enhancements, and technical disruptions, failures or outages. The Company reserves the right to suspend, restrict or modify access at any time without prior notice. To the extent permitted by applicable law, the Company shall not be liable for any loss, damage or disruption arising from temporary unavailability, system errors, data loss or failures of third-party systems, services or infrastructure.

The collection, use, processing and disclosure of Personal Data is governed by the Data Collection Notice issued by the Company. By using the Platform you acknowledge that you have read and understood the Data Collection Notice and agree to the processing of Personal Data in accordance with its terms.

Clients are solely responsible for all Personal Data accessed or processed through the Platform and shall:

• use such data only for legitimate recruitment purposes;
• comply with all applicable data protection laws;
• implement appropriate safeguards to protect such data.

Clients shall not use Personal Data for unrelated commercial purposes, disclose it without lawful basis, or retain it beyond necessary purposes. The Company shall not be responsible for misuse of Personal Data by Clients or Users.

All rights, title and interest in and to the Platform — including all systems, software, designs, databases, content, features, functionalities and underlying technology — are owned by or licensed to the Company. The Platform is protected by intellectual property laws and may not be used except as expressly permitted under these Terms.

You shall not:

• copy, reproduce, modify or create derivative works of the Platform;
• reverse engineer, decompile or attempt to extract source code or system logic;
• access or use the Platform to build or support competing products or services;
• copy, extract or reuse any data, database structure or content from the Platform for commercial purposes.

All data, analytics, system outputs and aggregated information generated through the Platform shall remain the property of the Company, except for Personal Data owned or controlled by Users or Clients. Unauthorised use may result in suspension or termination of access, and legal action including damages and injunctive relief.

You retain ownership of any Content you submit, upload or provide through the Platform. By submitting Content, you grant the Company a worldwide, non-exclusive, royalty-free licence to use, reproduce, store, process, modify and display such Content for the purposes of operating, improving and providing the Platform and services. The licence continues for as long as the Content remains within the Platform or as required for operational, legal or compliance purposes.

You represent and warrant that:

• you have the right to submit such Content;
• the Content is accurate and not misleading;
• the Content does not infringe any intellectual property or legal rights of any third party.

The Company is not responsible for verifying the accuracy, legality or ownership of User Content, and reserves the right to remove, restrict or modify any Content that violates these Terms, poses legal or security risks, or is deemed inappropriate or harmful.

The Platform may use automated systems, algorithms and analytical tools to support functions including job matching, candidate recommendations, ranking and system optimisation. These automated processes are intended to assist Users and Clients and do not constitute final, binding or definitive decisions.

Outcomes generated by the Platform may be influenced by Personal Data provided by Users, system configurations and logic, and criteria defined by Clients. The Company does not guarantee the accuracy, completeness, reliability or suitability of any automated output. Such results are indicative only and should not be solely relied upon for decision-making. The Company does not participate in or make hiring decisions and shall not be responsible for any decisions made based on automated outputs.

The Platform may integrate with or rely on third-party services, systems or providers (payment gateways, hosting and cloud infrastructure, analytics and tracking, communication and notification services, external APIs and integrations). These services operate independently and are subject to their own terms, conditions and policies.

The Company does not control and is not responsible for the availability, performance or reliability of third-party services, the accuracy of their outputs, or any acts, omissions or failures of such third parties. Your use of third-party services may be subject to separate agreements that you are responsible for reviewing.

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential or punitive losses, including:

• loss of profits, revenue or business opportunities;
• loss of data or corruption of data;
• business interruption or operational disruption;
• reputational damage;
• reliance on information or outputs provided through the Platform.

The total aggregate liability of the Company arising out of or in connection with the Platform or these Terms shall not exceed the higher of (a) the total fees paid by you in the preceding six (6) months; or (b) RM 5,000.

Nothing in these Terms shall exclude or limit liability where such exclusion or limitation is not permitted under applicable law (including the Consumer Protection Act 1999). You acknowledge that the allocation of risk under this section forms an essential basis of the agreement between the parties.

You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees and affiliates from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including legal fees) arising out of or in connection with:

• use or misuse of the Platform;
• breach of these Terms;
• violation of any applicable laws or regulations;
• infringement of any intellectual property or other rights of any third party;
• submission or use of Content that is inaccurate, unlawful or misleading;
• misuse or unauthorised processing of Personal Data.

The Company reserves the right, at its own discretion, to assume control of the defence and settlement of any matter subject to indemnification, and you shall cooperate fully with the Company. This indemnity shall survive termination or expiration of these Terms.

The Company reserves the right, at its sole discretion, to suspend, restrict or terminate access to the Platform, in whole or in part, at any time and without prior notice where:

• you breach these Terms;
• misuse, fraud or suspicious activity is detected;
• there is non-payment of applicable fees;
• legal or regulatory risks arise;
• system security or integrity is threatened.

Upon suspension or termination, access shall cease immediately, the Company may retain or manage data in accordance with the Data Collection Notice, and shall not be liable for any resulting loss. Termination shall not affect any accrued rights or liabilities, outstanding payment obligations, or provisions intended to survive termination (including liability, indemnity and intellectual property).

The Company shall not be liable for any failure or delay in performance under these Terms where such failure or delay is caused by events beyond its reasonable control, including natural disasters, acts of government or regulatory authorities, war, civil unrest or public emergencies, cyber incidents, hacking or system attacks, failure of telecommunications networks, internet services or infrastructure, and failures of third-party service providers.

During the occurrence of such events, the Company’s obligations shall be suspended for the duration of the event and a reasonable recovery period thereafter. The Company shall take reasonable steps, where practicable, to mitigate the impact and restore services.

The Company reserves the right to update, modify or revise these Terms at any time at its sole discretion. Updates take effect upon publication on the Platform or on the specified effective date. The Company may provide notice of material changes through the Platform, email or other communication channels, or account notifications. Continued access to or use of the Platform after such updates shall constitute acceptance of the revised Terms.

Where required, the Company may require Users or Clients to provide explicit acceptance of updated Terms before continued use. Any actions or transactions carried out prior to the effective date of revised Terms shall remain governed by the version in force at the relevant time.

These Terms shall be governed by and construed in accordance with the laws of Malaysia. The parties agree that any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia. Notwithstanding the foregoing, the Company reserves the right to seek injunctive or equitable relief in any jurisdiction where necessary to protect its rights or interests.

Any dispute arising out of or in connection with these Terms shall first be resolved through good faith negotiations between the parties. If such dispute cannot be resolved within a reasonable period, it shall be referred to and resolved by the courts of Malaysia in accordance with Section 19.

Nothing in this section shall prevent the Company from seeking immediate injunctive or equitable relief where necessary to protect its intellectual property, prevent misuse of the Platform, or safeguard Personal Data or system integrity.

• If any provision of these Terms is held invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
• Failure or delay by the Company to exercise any right or enforce any provision shall not constitute a waiver. Any waiver must be in writing and applies only to the specific instance.
• The Company may assign, transfer or novate its rights and obligations without prior notice. Users and Clients may not do so without the Company’s prior written consent.
• Nothing in these Terms creates any partnership, joint venture or agency relationship between the Company and any User or Client.
• These Terms, together with the Data Collection Notice, constitute the entire agreement between the parties and supersede any prior agreements or understandings.
• In the event of any inconsistency between translated versions of these Terms, the English version shall prevail.

Where a candidate is introduced to a Client through the Platform, whether directly or indirectly, the Client shall be liable to pay applicable recruitment, placement or success fees as determined by the Company. Such fees apply regardless of whether the engagement, hiring or placement occurs through the Platform, outside the Platform, or directly or indirectly through any related party (affiliate, subsidiary, parent company, partner or associated entity).

The Client shall not circumvent the Platform to avoid payment of applicable fees, including by:

• engaging candidates outside the Platform after initial introduction;
• delaying hiring or engagement to avoid fee obligations;
• using third parties or intermediaries to engage candidates.

The obligation to pay fees applies for a period determined by the Company from the date of candidate introduction. The Company reserves the right to determine and enforce applicable fees, including issuing invoices and taking legal action for recovery of unpaid amounts. The Client acknowledges that this section is a fundamental commercial term and forms the basis of the Company’s business model.

You may request access to your Personal Data in a structured and commonly used format, where such provision is technically feasible and permitted by applicable law. The Company may require verification of identity before processing any such request.

The Company may limit or refuse such requests where:

• the request affects the rights or Personal Data of other individuals;
• the data includes confidential or proprietary information;
• technical limitations prevent practical implementation.

The Company shall not be required to:

• re-engineer its systems solely to support data portability;
• provide data in formats incompatible with its systems;
• disclose data that would compromise security or legal obligations.

The Company may determine reasonable timelines and methods for fulfilling such requests, and shall not be liable for any use, transfer, or processing of such data by you after it has been provided. Nothing in this section grants a right to full data portability beyond what is required by law.

The Platform may be accessed and used from jurisdictions outside Malaysia. Users and Clients accessing the Platform from outside Malaysia do so at their own initiative and are solely responsible for compliance with all applicable local laws and regulations.

The Company does not represent or warrant that the Platform or services are appropriate, compliant or available for use in any jurisdiction outside Malaysia and does not actively target or direct its services to any specific foreign jurisdiction. Personal Data may be processed, stored or transferred across systems and jurisdictions in accordance with the Data Collection Notice and applicable laws.