www.manatal.com is a service brought to you by Manatal.Co.Ltd. These Terms and Conditions govern all content, services and/or products available on or through our website and applications (collectively, the “Manatal Services”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE MANATAL SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE MANATAL SERVICES.
The use of the Manatal Services is subject to acceptance of these Terms and Conditions. To accept these Terms and Conditions, a person must have the legal capacity to do so. In the case of an individual, the individual must be at least 18 years of age. In the case of a legal entity, the entity must be duly incorporated and in good standing in its jurisdiction of domicile and the person accepting must have the corporate authority to accept these Terms and Conditions.
You may not, without Manatal’s prior written consent, access the Manatal Services:
Manatal can terminate your use of the Manatal Services for any of the above reasons, or any other reason, or no reason at all, at Manatal’s sole discretion.
If you accessed Manatal Services for the reasons stated above, Manatal may take legal actions for compensations.
Manatal reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Your continued use of the Manatal Services after such changes have been posted constitutes your binding acceptance of such changes.
Such amended Terms and Conditions will automatically be effective upon the earlier of (i) your continued use of the Manatal Services, or (ii) 30 days from posting of such modified Terms and Conditions on or through the website.
Establishing an Account. Certain features, functions, parts or elements of the Manatal Services can be used or accessed only by holders of an account. The person who wishes to create an account must:
Manatal shall provide each customer with a username and password to be used to log into its account. These credentials must not be used by multiple persons.
If a customer has designated several users, each user will be provided with separate credentials. The customer and each of its users are responsible for keeping confidential all credentials associated with an account. The customer must promptly notify Manatal:
If the customer uploads set of data, such data and any processing of such data must be in compliance with these Terms and applicable law. All rights, title and interest in and to the customer data belong to the customer or third persons (including users, persons and organizations) whether posted and/or uploaded by the customer or made available on or through the Manatal Services by Manatal. By uploading customer data, customer authorizes Manatal to process the customer data. The customer is responsible for ensuring that:
Manatal strongly recommends that you think carefully about what you transmit, submit or post to or through the Manatal Services.
You understand that all information contained in customer data is the sole responsibility of the person from whom such customer data originated.
This means that Customer, and not Manatal, is entirely responsible for all customer data that is uploaded, posted, transmitted, or otherwise made available through the Manatal Services.
Manatal is not obliged to pre-screen, monitor or filter any customer data or acts of its processing by the customer in order to discover any unlawful nature therein. However, if such unlawful customer data or the action of its unlawful processing is discovered or brought to the attention of Manatal or if there is reason to believe that certain customer data is unlawful, Manatal has the right to:
Manatal may disclose a customer’s confidential information to the extent compelled by law to do so. In such instance, Manatal will use commercially reasonable efforts to provide customer with prior notice of the compelled disclosure (to the extent legally permitted) and customer shall provide reasonable assistance, at its cost, if customer wishes to contest the disclosure.
If Manatal is compelled by law to disclose customer’s confidential information as part of a civil proceeding to which Manatal is a party, and customer is not contesting the disclosure, customer will reimburse Manatal for its reasonable cost of compiling and providing secure access to that confidential information.
Use of the Manatal Services. Subject to these Terms and Conditions, and the payment of the applicable service fee, Manatal grants customer and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to use the Manatal Services to:
Manatal shall provide reasonable technical support to customer and its authorized user at the reasonable request of the customer. Manatal shall respond to enquiries of support from a customer utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of customers and users who have accepted these Terms and Services but do not have an Account may be less expedient, or may not occur at all.
Our support can be reached out via our contact page.
Manatal reserves the right to modify the Manatal Services or any part or element thereof from time to time without prior notice, including, without limitation:
If the customer does not accept the modification, the customer shall notify Manatal. The customer’s continued use of the Manatal Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. Manatal shall not be liable to the customer or to any third person for any modification, suspension or discontinuance of the Manatal Services, or any part thereof.
Manatal provides the Customer with the option to distribute job advertisements across various channels, including, but not limited to, job boards and the Manatal career page.
Manatal makes no representations or warranties regarding the accuracy, completeness, or authenticity of any job advertisements posted through our platform. While we make reasonable efforts to vet and monitor job postings, it is ultimately the responsibility of the Customers (as the data controllers) and job seekers (as the data subjects) to perform their own due diligence.
Manatal cannot be held liable for any damages or losses arising from inaccurate, fraudulent, or mistaken job advertisements. This includes, but is not limited to, financial losses, reputational damage, or emotional distress. We encourage all job seekers to carefully review job postings, research companies and recruiters, and take appropriate precautions when applying for or accepting employment offers.
It's important to note that the subsequent points detailed below are applicable to all these distribution avenues, and that Manatal may charge additional fees to distribute job advertisements through certain channels.
All fees tied to job advertisements will be communicated to the Customer by Manatal during the ordering process.
Manatal will make commercially reasonable efforts to distribute advertisements through the channels chosen by the Customer.
However, the Customer acknowledges that:
The Customer understands and takes full responsibility for:
Subject matter and nature of processing. Manatal provides the platform where the customer, as the data controller, can collect, store and organize the personal data of data subjects determined by the customer. The Platform has been designed to work as a recruitment software tool but, to the extent not regulated by these Terms and Conditions, the customer decides how they use the Platform. Level of data usage is related with the package subscribed by the customer and follow limitations.
Duration. Manatal will process data on behalf of the customer until the termination of the Manatal Services in accordance with these Terms and Conditions. Upon termination, Manatal will store the customer’s data for a period of six months, should the customer wish to reopen the account to resume the use of the Manatal Services. By default, Manatal does not offer data extraction or export solutions.
Manatal ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Manatal undertakes to make available to the controller all information necessary to demonstrate compliance with their obligations and to allow for and contribute to audits, including inspections, conducted or mandated by the customer as the data controller. This will be provided at the customer expense.
Prohibited Activities. Customer and its authorized users may use the Manatal Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and Conditions and applicable law. By way of example, neither the customer nor any user may:
Certain Uses Require Manatal Consent. The customer or any user may not, without Manatal’s prior express written consent (e-mail, WhatsApp, Skype, etc.):
Manatal’s Intellectual Property Rights in the Manatal Services. The Manatal Services, Manatal Materials (defined as the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Manatal Services, Manatal and Manatal trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by Manatal and its third-party vendors and hosting partners) are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws.
Manatal, its affiliates and licensors retains all right, title and interest in such Manatal Services, Manatal Materials, Manatal and Manatal trade names and trademarks, and any parts or elements.
Your use of the Manatal Services and Manatal Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the Manatal Materials is strictly prohibited unless you have received the express prior written permission from Manatal or the otherwise applicable rights holder. Manatal reserves all rights to the Manatal Services, Manatal Materials and Manatal trade names and trademarks not expressly granted in the Terms and Conditions.
Subject to these Terms and the payment of the applicable service Fee, Manatal grants customer and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to download a single copy of any part of the content solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform or the Manatal Services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the Manatal Services or as otherwise permitted by applicable law.
Customer is solely responsible for its own customer data and the consequences of posting, copying or publishing them on or through the Manatal Service. In connection with customer data, customer affirms, represents, and warrants that:
The Manatal Services may include links to other websites or services (“Linked Sites”) solely as a convenience to customers. Unless otherwise specifically and explicitly indicated, Manatal does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, Manatal makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites.
ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
UNLESS OTHERWISE EXPRESSLY STATED BY MANATAL, THE MANATAL SERVICES, MANATAL MATERIAL, AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MANATAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Manatal AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY. UNLESS OTHERWISE EXPRESSLY STATED BY MANATAL, MANATAL AND ITS AFFILIATES DO NOT WARRANT THAT THE MANATAL SERVICES AND ANY CONTENT, CUSTOMER DATA SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MANATAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MANATAL SERVICES AND ANY CONTENT, CUSTOMER DATA, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MANATAL SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MANATAL AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE MANATAL SERVICES, MANATAL MATERIAL OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.
You agree to defend, indemnify and hold harmless Manatal and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Manatal Services, Manatal Materials, representations made to Manatal, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Manatal reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Manatal, and you agree to cooperate with such defense of these claims.
Manatal shall not be liable to the customer or user for any consequences resulting from:
Manatal’s application of the remedies described in these Terms and Conditions, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.
In addition, Manatal and its affiliates shall not be liable to the customer for any claim by any user, person, organization or third persons against the customer arising out of the customer’s failure to:
Limitation of Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Manatal AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER FOR THE MANATAL SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” AGREED BY CUSTOMER.
Exclusion of Consequential and Related Damages. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
The fees to access the Manatal Services are as set out on the website or the invoice you received.
Subscriptions are by default entered into for monthly or yearly subscription terms and renewed for the duration of the previous subscription term.
Unless stated otherwise on the website or the invoice, fees shall be payable by the Customer at the beginning of each subscription term, or in the manner as set out on the invoice and in the currency identified on the website or the invoice, as applicable.
All fees are exclusive of VAT and all other taxes or duties and are non-refundable and non-cancelable for any reason.
If you pay by credit or debit card:
Manatal reserves the right to adjust credits allocated to an account at its own discretion.
1. SMS Messaging Service
1.1 Manatal offers an SMS Messaging/Texting service ("SMS Service") that allows customers to send SMS messages through the platform.
1.2 By using the SMS Service, you agree to abide by all applicable laws and regulations, as well as the terms and conditions outlined herein.
2. Funds for SMS Messaging
2.1 To utilize the SMS Service, customers are required to purchase credits or funds ("SMS Credits") through their Manatal account.
2.2 SMS Credits are non-refundable and non-transferable.
2.3 Customers are solely responsible for managing their SMS Credits and ensuring their availability for sending SMS messages through Manatal.
3. SMS Credit Usage
3.1 SMS Credits can only be used to send SMS messages via Manatal's SMS Service.
3.2 The cost of sending SMS messages will be deducted from the customer's SMS Credits balance.
3.3 Manatal reserves the right to change the pricing for SMS Credits and the cost per SMS message at its discretion. Such changes will be communicated to customers through the platform.
4. Account Termination
4.1 In the event that a customer's account is terminated or suspended due to a breach of these Terms and Conditions or for any other reason, any unused SMS Credits will be forfeited, and no refunds will be provided.
5. Availability of Service
5.1 Manatal makes reasonable efforts to ensure the availability and reliability of the SMS Service. However, we do not guarantee uninterrupted or error-free service, and we shall not be liable for any losses or damages arising from service interruptions.
6. Compliance with Laws
6.1 Customers are responsible for ensuring that their use of the SMS Service complies with all applicable laws and regulations, including those related to the content of SMS messages, recipients' consent, and privacy.
7.1 Manatal disclaims all warranties and liabilities related to the SMS Service, including but not limited to the accuracy, completeness, and fitness for a particular purpose of the service.
For Convenience. These Terms may be terminated for convenience:
These Terms may be terminated for default upon written notice to the other party as indicated in the “Notice” Section below:
Upon termination of these Terms and Conditions, Manatal shall deactivate the account. If the customer has specifically requested for an earlier deletion of the account, Manatal shall fulfill such request within 2 months of its receipt of such request. customer must: (i) stop using and prevent the further usage of the Manatal Services, including, without limitation, the Platform; (ii) pay any amounts owed to Manatal under these Terms and Conditions; and (iii) discharge any liability incurred by the customer before under these Terms and Conditions prior to their termination.
The relevant provisions in these Terms and Conditions shall survive the termination of these Terms and Conditions.
If Manatal terminates these Terms and Conditions as a result of an uncured breach by a customer or user, Manatal is entitled to use the same or similar remedies against any other persons who use the Manatal Services in conflict with these Terms.
Notwithstanding the foregoing, Manatal may also apply any other remedies available to it under the applicable law. Upon application of any remedies, the customer or user may lose access or suffer a loss of certain features, functions, parts or elements of the Manatal Services.
If Manatal has reasonable grounds to believe that the customer’s or user’s use of the Manatal Services, including the account may harm any third persons, Manatal has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons.
These Terms (and any further rules, policies or guidelines incorporated by reference therein) shall be governed by and construed in accordance with the laws of Thailand and subject to the sole jurisdiction of the courts of Thailand.
Relationship of the Parties. The parties will act solely as independent contractors. These Terms and Conditions shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the customer and either Manatal, and the customer shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms and Conditions are not for the benefit of any third parties.
If any term, condition or provision of these Terms and Conditions is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
Customer may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms and Conditions or delegate any of its rights and/or obligations under these Terms and Conditions without Manatal’s prior written consent.
Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, the customer, or its permitted successive assignees or transferees, may assign or transfer these Terms and Conditions or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with the customer, or its permitted successive assignees or transferees; or (2) in connection with a merger, reorganization, transfer, sale of assets or product lines, or change of control or ownership of the customer, or its permitted successive assignees or transferees.
Failure of either party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.
The Customer agrees that Manatal may identify the Customer as a user of the Software and use Customer's trademark and/or logo (i) in sales presentations, promotional/marketing materials and communications, and press releases, and (ii) in order to develop a brief customer profile for use by Manatal on Manatal's website for promotional purpose.
These Manatal AI Terms (“Manatal AI Terms”) form a part of the Terms of Service, and the Terms and Conditions above, as applicable, between you and Manatal. These Manatal AI Terms apply to your access and use of any Manatal AI feature(s).
“Manatal AI” means any feature(s) or functionality made available by Manatal and labeled as Manatal AI that utilize data models trained by machine learning.
Input and Output. You may provide input to be processed by Manatal AI (“Input”), and receive output generated and returned by Manatal AI based on the Input (“Output”). When you use Manatal AI, Input and Output are your Customer Data. You are solely responsible for the development, content, operation, maintenance, and use of your Customer Data. You will ensure that your Input and use of Manatal AI and Output will not (i) violate any applicable law; (ii) violate these Terms and Conditions including these Manatal AI Terms; or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering Manatal AI feature(s), Output may not be unique and Manatal AI may generate the same or similar output to a third party.
Manatal AI Feature Use Restrictions. You may not use Manatal AI or Output (i) to develop foundation models or other large scale models that compete with Manatal or Manatal AI; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns, or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters.
Warranty Disclaimer. Manatal does not make any warranty as to the results that may be obtained from the use of Manatal AI or the accuracy of any other information obtained through Manatal AI. You understand and agree that any material and/or data obtained through the use of any Manatal AI feature is done at your sole risk. You should not rely on factual assertions in output without independently fact checking their accuracy. Output that appear accurate because of their detail of specificity may still contain material inaccuracies. Manatal AI cannot dynamically retrieve information, and output may not account for events or changes to underlying facts occurring after the ai model was trained. No information or advice, whether oral or written, obtained by you from Manatal or through Manatal AI shall create any warranty not expressly made herein.
Service Level Terms Are Not Applicable. Downtime of Manatal AI that results from a failure of a third party service will not be included in the Availability and Downtime calculations.
Third Party Provider Policies. If you choose to use the Manatal AI feature(s), you may not use the Manatal AI features in a manner that violates any OpenAI Policy, including their Content Policy; Sharing and Publication Policy; and Community Guidelines.