Contents
1.General terms
1.1. These Terms of Service (the “Terms”) govern the relationship between Zero Technology LLC (the “Company”) and the User of the “Haga” mobile application and web platform (the “Platform”).
1.2. The Platform is an online matching service that connects Employers and Workers. The Company is not a party to any employment or service contract made between an Employer and a Worker; it only provides the information technology service that connects them.
1.3. The Terms take effect when the User selects “I accept the Terms of Service” during registration. A User who does not accept the Terms cannot use the Platform.
1.4. Users’ personal information is governed by the Platform’s Privacy Policy. Consent to pull information from the KHUR system and to show information to Employers is obtained separately under the Privacy Policy, not by accepting the Terms.
1.5. Where the Terms and the Privacy Policy conflict on a personal-information matter, the Privacy Policy prevails.
2.Definitions
2.1. Terms used in these Terms and in the Privacy Policy have the following meanings:
- “User” means a Worker or Employer using the Platform;
- “Worker” means an individual registered on the Platform to look for work;
- “Employer” means a legal entity or individual that publishes job posts and looks for workers on the Platform, and their representative authorised to use the Platform on their behalf;
- “Job post” means information an Employer publishes on the Platform about a job or shift and its conditions;
- “Job application” means a request a Worker sends to an Employer after choosing a specific Job post;
- “Shift” means work to be performed on a specific date and time under a Job post;
- “Account” means the personal area a User creates on the Platform;
- “KHUR system” means the state information exchange system;
- “DAN system” means the state system for identifying and verifying citizens online;
- “Third party” means any individual, legal entity or government body, other than the Company and the User, involved in the Platform’s services;
- “Privacy Policy” means the document governing the protection of personal information on the Platform.
3.Intellectual property
3.1. The Platform’s software, source code, design, logo, name and content created by the Company are the Company’s intellectual property and are protected by copyright and trademark laws. Copying, modifying or distributing them without the Company’s written permission is prohibited.
3.2. Rights to content entered by Users (profile photo, introduction, Job posts, logo) remain with the User. The Company hosts and displays it only to provide the Platform’s services.
3.3. An Employer confirms that it has the right to use the names, logos and images in its Job posts.
4.Registration, and Worker rights and obligations
4.1. A [citizen of Mongolia] aged 18 or over with full legal capacity registers as a Worker by verifying their identity through the system. One person may create one Account.
4.2. If the Employer is a legal entity, it is verified by its state registration number and registered by a person authorised to represent it.
4.3. Every User must enter true and accurate information in their Account and update it when it changes, must not give their username, password or one-time codes to others, and must notify the Company immediately if they believe someone else has used their Account.
4.4. When using the Platform, Users must not:
- register under another person’s name or with false information, or transfer or sell their Account;
- automatically collect or copy other Users’ information, or store or distribute it outside the Platform;
- access the Platform’s systems or network without permission, probe them for vulnerabilities, send viruses or spam, or overload them;
- harass, insult, threaten or discriminate against others;
- demand money, a deposit or original documents from a Worker in return for a job;
- impersonate an employee or representative of the Company;
- use the Platform for unlawful or fraudulent purposes.
4.5. Worker rights:
- view Job posts and send a Job application to the ones they choose;
- before each Job application, preview which information will be visible to that Employer and decide whether to allow it;
- withdraw a Job application before the Employer confirms it. On withdrawal, the Employer’s access to that Worker’s information is closed;
- report to the Company an Employer’s post or action they believe breaches the Terms;
- exercise the personal-information rights set out in section 6 of the Privacy Policy;
- delete their Account whenever they wish.
4.6. Worker obligations:
- read the Job post’s conditions, such as pay, hours, location and requirements, in full before sending a Job application;
- arrive on time for Shifts the Employer has confirmed, and if unable to attend, cancel through the Platform at least [24] hours before the Shift starts;
- follow the Employer’s occupational safety and internal rules at the workplace;
- not have the accepted work performed by someone else unless agreed with the Employer.
4.7. If a Worker repeatedly misses confirmed Shifts without reason, the Company may restrict their right to send Job applications for [up to 7 days].
4.8. A User may delete their Account at any time. Obligations for Shifts accepted before deletion remain. Account information is deleted within the period set out in section 5 of the Privacy Policy.
5.Employer rights and obligations
5.1. Employer rights:
- publish, edit and close Job posts;
- view the information that a Worker who sent a Job application has allowed, as set out in section 4 of the Privacy Policy;
- decide independently whether to select or reject a Worker;
- report to the Company a Worker’s action that breaches the Terms.
5.2. Employer obligations:
- state the job content, pay, hours, location, type of contract and requirements accurately and completely in the Job post;
- set pay no lower than the legal minimum and pay it within the agreed time;
- take on the employer’s own obligations, such as signing a contract with the Worker as required by law, withholding personal income tax and paying social insurance contributions;
- not employ anyone under 18, and meet occupational safety and health requirements;
- use a Worker’s information only for selection and hiring for that job, and not pass it on or disclose it to third parties;
- if a Worker is hired, obtain any additional information needed for the contract (such as the registration number) only with the Worker’s consent;
- if a Worker’s information is stored outside the Platform, be responsible for that part as data controller under personal-information laws.
5.3. Job post requirements. Posts with the following content are prohibited:
- work prohibited by law, or work that requires a special licence carried out without one;
- sexual or erotic services, or enticement into prostitution;
- pyramid schemes, network marketing, or jobs that require advance payment or a deposit from job seekers;
- misleading, inaccurate or irrelevant information, or links to other platforms;
- requirements that discriminate without legal grounds on age, gender, ethnicity, religion, disability or similar;
- requests for sensitive information, such as health, political opinions, criminal record or sexual orientation, that the job does not require.
5.4. The Company may review Job posts before and after publication and, if a post does not comply with 5.3, edit, temporarily hide or delete it, and will tell the Employer why.
5.5. The Employer is responsible for the content of its Job posts and any consequences arising from them.
6.Company rights and obligations
6.1. The Company must:
- keep the Platform running normally and securely, and notify Users and fix problems promptly when they occur;
- protect Users’ personal information under the Privacy Policy;
- resolve Users’ feedback and complaints within the period set out in 10.2;
- give advance notice of changes to the Terms or the Privacy Policy as set out in 10.1.
6.2. The Company may:
- update the Platform, add or change features, and suspend it temporarily for maintenance;
- review Accounts and Job posts, and close fake or duplicate Accounts;
- take the measures set out in 7.4 against Users who breach the Terms.
6.3. The Company does not guarantee that a Worker will find work or that an Employer will find workers, and does not take part in the Employer’s selection decisions.
7.Liability
7.1. Disputes between an Employer and a Worker about work performance, quality, pay or occupational safety are resolved by them. The Company supports the parties where reasonably possible with relevant records and information on the Platform.
7.2. A User who breaches the Terms or the law and causes loss to the Company or other Users must compensate for it as provided by law.
7.3. The Company is not liable for service interruptions caused by force majeure (such as natural disasters, nationwide power or internet outages, or decisions of competent authorities), and will notify Users immediately.
7.4. If a User breaches the Terms, the Company will take one of the following measures, depending on how serious the breach is:
- give a warning;
- delete the Job post or content concerned;
- suspend the Account for up to [7 days];
- close the Account permanently and restrict re-registration.
7.5. The Company will tell the User why a measure was taken. In cases of fraud, or a direct threat to another person’s life, health or personal information, the Company may suspend the Account without prior notice and, where necessary, notify the competent authorities.
7.6. A User who disagrees with a measure may submit an explanation to the Company and request a review within [14] days of receiving the notice.
7.7. Provisions of the Terms limiting the Company’s liability do not apply to the Company’s intentional or grossly negligent acts, or to its obligations under personal data protection law.
8.Additional terms relating to third parties
8.1. To identify Workers and verify information, the Platform connects to state information systems such as DAN and KHUR. Information is pulled from these systems only with the consent the Worker gives as set out in section 2 of the Privacy Policy.
8.2. Information from the KHUR system arrives exactly as it is held in the state database. If it is wrong, the Worker has it corrected by the responsible government body, and the Company pulls it again at the Worker’s request.
8.3. The Company may have services such as server hosting, SMS and notification delivery performed by third parties under contract. Personal information is passed to them only within the scope set out in section 4 of the Privacy Policy.
8.4. Some Platform features may be temporarily unavailable because of failures in state information systems or partners’ systems. In that case the Company will notify Users and take steps to restore normal operation.
8.5. Third-party websites and links on the Platform are for information only, and the Company is not responsible for their content or operation.
8.6. When a competent government authority requires it on legal grounds, the Company will provide User information in accordance with the Privacy Policy.
9.Other
9.1. The Privacy Policy is an integral part of the Terms.
9.2. If any provision of the Terms becomes invalid, the other provisions remain in force.
9.3. The Terms are governed by the laws of Mongolia. The Terms are written in Mongolian, and if a translation differs, the Mongolian version prevails.
9.4. Contact: Zero Technology LLC, Address: Regis Place 402, Orgil Stadium 1, Chinggis Avenue 33/2, Khan-Uul District, Ulaanbaatar 17011, Mongolia, Phone: (+976) 72227244, Email: info@haga.works.
10.Amendments and complaint resolution
10.1. If the Company changes the Terms or the Privacy Policy, it will notify Users on the Platform and by their registered phone and email [7] days before the changes take effect, with a short summary of the main changes. A User who does not accept the updated terms may delete their Account.
10.2. Users may submit feedback and complaints in the Platform’s [“Help”] section or to the address in 9.4. The Company will resolve a complaint and respond within [10] working days of receiving it.
10.3. If the Company cannot resolve a complaint about personal information, the User may contact the National Human Rights Commission of Mongolia.
10.4. Disputes relating to the Terms are resolved by mutual agreement or, failing agreement, by a court of competent jurisdiction in Mongolia.