Thank you for visiting the HCM Solutions Website (this “website”). By accessing and using this website, you agree and accept to the terms in the Terms of Use (this “agreement”). This website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions and notices.

If you do not agree or accept to this agreement, please do not access or use this website.

Ownership

This website is owned and operated by HCM Solutions Co. Ltd (“HCM Solutions”) incorporated in Myanmar (Registration and Permit No: 792 FC / 2016-2017).

The material on this website is copyright © 2017 HCM Solutions. This website contains intellectual property, including without limitation software, belonging to HCM Solutions, which provides Human Resources related products and services. All content, information and software provided on and through this website including, but not limited to, the forms, documents, agreements or other materials, products or services arising from HCM Solutions may only be used in accordance with the following terms and conditions.

Modification

HCM Solutions reserves the right to make changes, either in whole or in part, to the terms, conditions and notices in this Terms of Use from time to time without prior notice.

Changes will be posted on this page and your use of this website after such changes have posted will constitute your agreement to the modified Terms of Use and all of the changes.

Link to 3rd Party Sites

This website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of HCM Solutions and HCM Solutions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HCM Solutions is not responsible for webcasting or any other form of transmission received from any Linked Site. HCM Solutions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HCM Solutions of the site or any association with its operator.

Use of this Website and its Content

HCM Solutions will issue a unique username and password (the “Login”) to you once you have:

  • paid membership to HCM Solutions in full; and
  • your membership registration has been approved by HCM Solutions.

The Login is exclusive and non-transferable. You agree not to disclose the Login to any other person.

Except for the limited use set out in next clause below, or with the express written consent of HCM Solutions, you may not use this website, or the content, for any of the following purposes:

  • the reproduction of the content in any material form;
  • the distribution of the content in any material form;
  • re-transmission of the content by any medium of communication;
  • uploading and/or reposting the content to any other site or location on the world-wide web (“www”), on-line service or bulletin board; and
  • “framing” the material on this Website with other material on any other www site or location, on-line service or bulletin board.

Notwithstanding the restrictions on use of the content, you may download and print content from this website for use within your business, but only with respect to the relationship between your business and its employees, or the relationship between your business and persons who provide personal services to your business, provided you do not remove any copyright and trade mark notices contained on the material. If you wish to use the content for any other purpose, including but not limited to assisting another business to prepare documents pertaining to a relationship between that other business and its employees, you must first purchase a license from HCM Solutions that permits that form of use.

You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this website or the content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any software, device, or manual process to monitor or copy this Website or the content without HCM Solution’s prior written permission. Any unauthorised use of this website or its content is prohibited.

You may not modify or copy:

  • the layout of this website; or
  • any computer software or code contained in this website.

As a condition of your use of this website, you warrant to HCM Solutions that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.

Materials Provided to or Posted on this Website

HCM Solutions does not claim ownership of the materials you provide to HCM Solutions (including feedback and suggestions) or post, upload, input or submit to this website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HCM Solutions and its partners permission to use your Submission in connection with the operation of their Internet businesses including without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. HCM Solutions is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HCM Solution’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 Intellectual Property Rights

HCM Solutions own and reserve all intellectual property rights, including, but not limited to, copyright in the materials, the content and/or services provided by this website. Except as expressly provided in this Terms of Use, nothing set out in this Terms of Use shall be construed as conferring any transfer, license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all materials, content and website are protected by copyrights, trademarks, patents or other proprietary rights and laws owned by HCM Solutions and its partners.

In consideration of you paying, in full, the fees and charges to HCM Solutions and your membership being accepted by HCM Solutions, HCM Solutions grants you a non-exclusive and non- transferable licence to:

  • use the materials in accordance with this Terms of Use and all other terms and conditions agreements of HCM Solutions; and
  • reproduce the materials for your own personal use in accordance with this Terms of Use and all other agreements of HCM Solutions in this website.

Warranty

This website is provided on an “as is, as available” basis. To the full extent permitted by law HCM Solutions disclaims any and all express or implied warranties, guarantees or representations regarding:

  • the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this website, the content, the materials and/or on any external websites; and
  • the merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on this website, the content, the materials and/or on any external websites.

HCM Solutions does not warrant, guarantee or make any representation that:

  • this website, the content, the materials, or the server that makes this website available on the www are free of software viruses;
  • the functions contained in any software contained on this website or the content will operate uninterrupted or are error-free; or that
  • errors and defects in this website or the content will be corrected.

Liability Disclaimer

The information, software, products, and services included in or available through this website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. HCM Solutions and/or its partners advice received via this website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

HCM Solutions and/or its partners make no representations about the suitability reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the HCM Solutions website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided as is without warranty or condition of any kind. HCM Solutions and/or its partners hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall HCM Solutions and/or its partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the HCM Solutions website, with the delay or inability to use this website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, negligence, strict liability or otherwise, even if HCM Solutions or any of its partners has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this website.

Termination of Access or Access Restriction

HCM Solutions reserves the right, in its sole discretion, to terminate or restrict your access to this website and the related services or any portion thereof at any time, without notice.

HCM Solutions shall have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access or restricting access to this website.

Refund of Fee

All fees payable to HCM Solutions is non-refundable.

However, if for any reason you want HCM Solutions to refund any fees or charges, or part thereof, you have paid to HCM Solutions you must provide HCM Solutions with a written request, with reasons, for the refund.

HCM Solutions will consider and, at its sole discretion, determine whether or not, and on what terms, a refund may be payable.

Governing Law

This agreement is governed by the laws in force in the Republic of the Union of Myanmar. You agree to submit to the personal and exclusive jurisdiction of the courts of the Republic of the Union of Myanmar.