Revised: May 7, 2024
These Terms of Use (the “Terms”), which incorporate our Privacy Policy, govern your access to and use of our services regarding job hunting, including our various websites, such as www.cucas.cn and new company Beijing WitSpring InfoTech Co., Ltd which was registered by CUCAS and our partner university’s website, applications, ads, communications, events, and other covered products or services that link to these Terms (collectively “services”). By accessing and using the services, you agree to comply with these Terms. If you’re using the services on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use the services if you do not agree to the linked version of the Terms at the time you access the services.
For the purposes of these Terms, “CUCAS” means CUCAS and it’s branch companies including Beijing WitSpring InfoTech Co., Ltd and BEIJING WENCHENG JIAOYU KEJI YOUXIANGONGSI.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. SEE SECTION 12 FOR ADDITIONAL INFORMATION.
To access or use the services, you must be at least 18 years of age or the age of majority in your jurisdiction, if older, and not prohibited from doing so by applicable law. Except as set forth below, or as otherwise approved by us, the services are for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use the services if we’ve terminated your account(s) or banned you.
2.1 Accounts And Profiles
You must create an account and provide certain personal data to access most of our services. For CUCAS users that have already registered on CUCAS we will use your personal information on CUCAS such as your name, gender, nationality, email, phone number, the information of the university you applied like your application status, name, type, location of the university, the degree and program you are interested in or applied, status of your application on CUCAS, and starting date and graduation date of the program you got accepted, to provide you best job and internship opportunities.
2.2 Communications
By creating an account, you agree to accept and receive communications from CUCAS, CUCAS affiliates, and our third-party service providers.
For the purposes of these Terms, “affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control of or with CUCAS, now or in the future. “Control” for these purposes means having certain shares or the right and ability to management.
These communications may be via email, text message, calls, push notifications, or otherwise. You understand and agree that you may receive communications generated by automatic telephone dialing systems delivering pre-recorded messages sent by or on behalf of CUCAS, its affiliates, and/or our third-party service providers, including communications concerning your account(s), our services, and services offered by our affiliates. Message and data rates may apply.
Unless you choose to delete your account(s), you cannot unsubscribe from certain communications that are required as part of your use of our services (e.g., communications about changes to these Terms.)
“Content” means any work of authorship or information, including photos, logos, advertisements, comments, opinions, postings, resumes, salaries, messages, questions, text, files, images, works of authorship, e-mail, data, audio, video, or other materials.
3.1 Rights to Your Content
You are solely responsible for your use of the services and any Content you authorize for use on the services, or which is submitted via your account (“Your Content”).
We do not claim ownership in Your Content that you submit or authorize for use to the services, but you grant us the rights to use Your Content as set forth below. By submitting or authorizing us to display Your Content, you hereby grant to us a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, and royalty-free license (with the right to sublicense through unlimited levels of sublicenses) to use, reproduce, copy, process, modify, publish, translate, transmit, perform, display, create derivative works of, adapt, and distribute Your Content in any and all media (now known or later developed) throughout the world and display your name, images, likeness, voice, video, and any such other Content that you submit, link, or otherwise make available through the services, throughout the world in any manner or media, on or off the services including for purposes of promoting our services.
By submitting ideas, suggestions, documents, feedback, and/or proposals, (collectively, “Submissions”) to CUCAS or its employees or agents, you acknowledge and agree that CUCAS is entitled to use, disclose, reproduce, license and otherwise distribute, and exploit these Submissions as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
3.2 Your Limited Rights to Content
The services contain Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary and intellectual property rights in the Content we each provide and CUCAS owns and retains all rights in the services. If you’re an authorized user, we hereby grant you a limited, revocable, non-transferable, non-sublicensable license under the rights licensable by us to use the services and use Content from our services solely for your personal use in connection with the services. Except as provided in this section, you agree not to:
The trademarks, logos, and service marks (“Marks”) displayed on the services are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark. CUCAS reserves all rights not expressly granted in these Terms.
3.3 Content on the Services
Content from CUCAS, as well as users, advertisers, and other third parties is made available to you through the services. You understand and agree that:
4.1 Using CUCAS Services
CUCAS offers a variety of services that may change from time to time, at our sole discretion.
4.2 Anonymity And Identity On CUCAS
Depending on the services you use, we may offer you different options for controlling how your personal data and identity are represented to other users, employers, and the public.
4.3 House Rules
You represent and warrant that you will use the services solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and/or any third parties.
You agree that you will not:
4.4 Actions We May Take
Violations of our Terms and Community Guidelines will result in the removal of the associated Content or account.
4.5 Additional Special Provisions Applicable to Users in the European Economic Area (“EEA”)
CollegeNET respects the intellectual property of others, and we ask our users to do the same. CollegeNET may, in appropriate circumstances and at its own discretion, limit access to the Sites and/or terminate the accounts of any users who infringe the intellectual property rights of others.
5.1 Posting Jobs to the Services
You may not post any job ad, as determined solely by CUCAS, that:
You agree that CUCAS may, at its sole discretion, remove or prevent the posting of any job ad for any or no reason.
5.2 Content on CUCAS Services
You may not offer incentives in exchange for Content related to any company. You may not trade Content submissions with other employers. We will remove Content where we believe that users were compensated to submit Content.
You may not coerce employees to submit Content. Coercion includes asking employees to provide proof to an employer that they submitted Content whether or not that proof includes the contents of the Content itself.
5.3 Communications With Users.
We may inform a user when you have taken an action with respect to information we or our affiliates have shared with you on behalf of that user, such as when you open the user’s application, view their resume or profile on the services (or an affiliate’s services), and/or make a decision about their application. When you view, store, or receive materials through your use of the services or an affiliate’s services, we may use such materials for data analysis, quality control, or to refine our services and services. We may also share with our users our observations based on such data analysis. For example, we may tell our users which employers are more likely to open applications submitted via the services, which employers are active on the services, and how long on average certain aspects of the candidate process take for a given employer. We may send out reminder emails to users you wish to interview. We may also send emails to users on your behalf indicating that your job ad is potentially a match for the user’s resume or job preferences. You understand and agree that CUCAS may take such actions.
5.4. Special Provisions Applicable to Advertisers
This provision applies to all advertisers, including employers who purchase or post job ads or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads (“Ad Data”) for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers’ campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain applicable consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
6.1 Removal of Content
While we have no obligation to do so, we reserve the right to review and remove any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies linked on the services (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on the services that you believe violates our policies, you may report that Content by clicking on an applicable report link adjacent to that Content or by contacting us. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: our interpretation of our policies and the decision whether or not to remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
6.2 Other Enforcement Actions
While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from the services; suspending some or all of your rights to use the services; terminating your account(s); reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
6.3 Disclosing User Personal Data & Defending our Users
You understand and agree that in certain circumstances we may disclose users’ personal data to third parties, such as when we are required to by law or valid legal process. You can read more about the specific circumstances in the “Other Instances When We May Disclose Your Data” section of our Privacy Policy. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user’s identifying information or personal data. We make no guarantee or representation that we will seek to protect user anonymity or, if we elect to do so, that we will be successful.
You agree to defend, indemnify, and hold us and our affiliates and subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the “CUCAS Group”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from your use of the services, including due to or arising from your breach of any provision of these Terms, or related to you providing false information regarding your identity or employment history or status.
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
Any communications, including emails, texts, or notifications or messages corresponding with any activity on the services or any other communications service, product, or feature provided on or through the services, are provided solely as a courtesy. CUCAS disclaims all warranties with regard to the transmission or storage of these courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent or received. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
CUCAS assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any information, including job posting/ad, salary estimate, template, career page, screener question, answer to screener question, resume information, message, or Content you submit, send, view, or receive through the services.
You are solely responsible for your interactions with advertisers, employers, and other users and we are not responsible for their activities, omissions, or other conduct, whether online or offline. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in Profiles) submitted to the services, whether caused by users or by any of the equipment or programming associated with or utilized in the services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers, employers, or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on the services or combination thereof, including any injury or damage to users or to any person’s device related to or resulting from participation or downloading materials in connection with the services. Under no circumstances shall we be responsible for any loss or damage resulting from the use of the services or from any Content submitted to the services or transmitted to users, or any interactions between users of the services, whether online or offline.
THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
YOU HEREBY RELEASE THE CUCAS GROUP FROM ANY AND ALL CLAIMS, DEMANDS, AND LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND THAT ARE EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM: (1) THE ACTIONS, CONTENT, OR DATA OF THIRD PARTIES (INCLUDING, ADVERTISERS, EMPLOYERS, AND OTHER USERS) (2) YOUR PARTICIPATION IN ANY OFFLINE EVENTS.
CUCAS reserves the right in its sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the services and/or any features, information, services, materials, Content, or information on the services with or without notice to you. You agree that CUCAS will not be liable to you or any third party for any modification or discontinuance of the service or any portion thereof.
IN NO EVENT SHALL THE CUCAS GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE CUCAS GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS (RMB 100).
These Terms remain in effect while you use the services and, for registered users, as long as your account(s) remains open. You may delete your account(s) at any time by contacting complaints@cucas.cn. We may suspend or terminate your account(s) or your access to parts of the services, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account(s) or related deletion of your data.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of the services. For the avoidance of doubt, you agree that these Terms apply to your use of the services and any Content submitted on the services at any time prior to the termination or expiration of these Terms.
We may revise these Terms from time to time by posting an updated version available via a link on the services. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify you by communication (e.g., by email or text message sent to the e-mail address or phone number specified in your account) and/or by means of a notice on the services prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of the services is subject to the most current effective version of these Terms.
You agree to waive your right to file a pre-suit discovery proceeding (or any equivalent procedure in jurisdictions other than the U.S.) seeking a user’s identifying information from CUCAS. If you intend to propound discovery seeking a user’s identifying information, you agree to do so pursuant to a valid California subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in California at CUCAS LLC, c/o CT Corporation, 330 N Brand Blvd, Glendale, CA 91203. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought, and resolved exclusively in the state courts located within Marin County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
Any dispute arising out of or related to this contract shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for mediation. If one party is unwilling to mediate or mediation fails, it shall be submitted to the China International Economic and Trade Arbitration Commission for arbitration.