The information contained in this website is for general information purposes only. The information is provided by New Day and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of New Day. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, New Day takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Definition of Terms
“Agreement” refers to the terms and conditions set out here in
“Applicant” refers to a citizen or resident of the Union of Myanmar, that;
- Is a basic to medium-skilled job seeker;
- Has a salary expectation that falls below the Salary Cap
- Has registered as a job seeker via the Facebook Chatbot.
'Client' means the client to whom New Day’s services are provided pursuant to this Agreement.
'Confidential Information' refers to any documentation or information, whether written or oral, provided by the Disclosing Party to the Receiving Party and all information regarding the business affairs, methods of operation, data, systems, procedures or products which the Receiving Party or its contractors, consultants, agents or other representatives may receive or which may come to their attention in connection with the business of the Disclosing Party or otherwise pursuant to this Agreement.
'New Day' refers to New Day Green Company Limited.
'Employer Portal' refers to New Day’s database of Applicants.
'Disclosing Party' refers to the Party disclosing Confidential Information to the Receiving Party pursuant to this Agreement.
'Receiving Party' refers to the Party receiving Confidential Information from the Disclosing Party pursuant to this Agreement.
'Job Posting' refers to the employment opportunity with a Client which is loaded onto the Employer Portal and which may be accepted by an Applicant, if such Applicant is, following a successful interview, offered employment by the Client.
'Salary Cap' refers to a maximum of 1,000 MMK per month.
'Services' refers to the recruitment services provided by New Day.
Application of this Agreement
- All services offered by New Day to the Client shall be governed by this Agreement.
- This Agreement supersedes any terms and conditions which may be stipulated by the Client, including any terms and conditions which may be stipulated in the Client purchase order.
- New Day assures that the mentioned terms and conditions will not change without notice.
- New Day hereby gives the Client the right to access and use the New Day application for the purpose of identifying suitable Applicants for Job Postings loaded by the Client onto the New Day application portal.
- New Day will check and approve the Client’s first Job Posting to ensure it meets system criteria. The Client must exclude their contact information (Address, Phone, Email etc.)
- The Services shall be provided to the Client exclusively through the New Day Employer Portal, it being recorded that New Day does not always interact with Applicants in person and that the Best Matched Candidates for every Job Posting are selected solely based on the Client’s requirements and the matching algorithms developed by New Day.
- If the 'Normal' hiring option is selected, New Day will rank candidates based on criterion and requirements, and the Client will choose candidates for shortlisting, and arrange interviews.
- If the 'Urgent' hiring option is selected, New Day will automatically pre-select candidates based on criterion and requirements and the matching algorithm aforementioned, and arrange interview based on client stated preference in the Add Job section.
- New Day is unable to provide the Client with high-skilled job seekers whose salary expectations are outside the specified Salary Cap and the Client agrees not to post any jobs onto the employer portal that either require high-level skills or which offers a salary which falls out of the aforementioned Salary Cap.
- The parameters of New Day’s matching algorithm shall be determined by New Day in its sole discretion and the Client shall not be entitled to request any changes to these parameters.
- New Day will not bear any liability for loss or damage suffered by the Client, of any nature whatsoever, and the Client shall not be entitled to any refund or reduction of the fees paid, or due and payable to New Day, if an Applicant accepts a position with the Client and subsequently fails to report for duty, resigns, proves unsuitable for the position he or she was hired to fill, or is dismissed for any reason whatsoever, including for misrepresenting his or her qualifications and/or experience, or for otherwise providing inaccurate or false information during the recruitment process.
- Under the circumstances where the Client decides to make an offer to an Applicant, New Day cannot guarantee that the Applicant will accept the offer or that an Applicant who has accepted an offer of employment from the Client will remain so employed.
- New Day and the Client undertake in relation to any personal information provided by an Applicant, to comply with all laws enforce in the Union of Myanmar with the objective of protecting an individual’s privacy.
- If the successful candidate resigns or is dismissed, New Day will refill the credits used to recruit the candidate. Guaranteed time starts upon initial appointment (1st employment date) and does not restart upon replacement.
- The Client shall be responsible for making Job Postings onto the Employer Portal and under no circumstances will New Day make Job Postings for the Client, with the exception of client onboarding, at which time a New Day representative will help onboard the new client and provide training for how to use the portal correctly.
- The Client shall ensure that its requirements in relation to any Job Posting made on the Employer Portal are clear and accurate and that it provides as much detail regarding the job as possible. Additionally, the Client shall ensure that its requirements in relation to any Job Posting do not unfairly discriminate against any Applicant.
- Subject to an Applicant’s right to request that his or her name remain on the Employer Portal following his or her employment by the Client (the consequence being that the Applicant will continue to receive notifications of other job opportunities), where a Client has employed an Applicant, New Day will remove the Applicant during a period specified by the Applicant, during which period the Applicant will not receive notifications of any other job opportunities.
- The Client must be fully aware of and ensure that their practice is in line with currently effective Myanmar laws and regulations.
Pricing and Payment
- Pricing is based on the specific package and contains no additional hidden costs.
- For Enterprise plans, payments are made within seven (7) days of the Subscription Date.
- For other plans
- For the purposes of this clause, Confidential Information does not include information:
- that was known to the Receiving Party prior to disclosure by the Disclosing Party;
- that is, or becomes public knowledge through no fault of the Receiving Party; or
- that comes to the knowledge of the Receiving Party as a result of disclosure by a third party who is not in breach of any obligation of confidentiality.
- In the event of either Party (“the Defaulting Party”) breaching any provision of this Agreement and failing to rectify such breach within 10 (ten) days of receipt by the Defaulting Party of a written notice delivered to it by the other Party (“the Aggrieved Party”, calling upon the Defaulting Party to rectify such breach, the Aggrieved Party will be entitled at its election to seek specific performance of the Defaulting Party’s obligations in terms of this Agreement, or to cancel this Agreement, in either instance without prejudice to the Aggrieved Party’s right to claim any loss or damage it may have suffered by reason of such breach.
- Regardless of the place of execution or performance under this Agreement or the domicile of the Client, this Agreement and all modifications and amendments hereof, shall be governed by and construed under the laws of the Union of Myanmar.
- If there is any argument or critical complexity that arises, the final decision must be fairly made by New Day under the guidance of applied Terms and Conditions.
- The Client hereby submits to the State Courts of Singapore, notwithstanding that the amount of New Day’s claim may exceed the jurisdiction of the State Courts of Singapore.
- A certificate issued and signed by any director or manager of New Day, whose authority does not need to be proved, in respect of any indebtedness of the Client to New Day, shall be prima facie evidence of the Client’s indebtedness to New Day.
- The Client’s physical business address from time to time shall be recognized as the Client’s address for receipt of notices and execution of legal documents for all purposes in terms of this Agreement, whether in respect of the serving of any court process, notices, the payment of any amount or communications of whatever nature. New Day chooses No.8, 1102, 11th Floor, Pan Chan Tower, Bagaya Street, Sanchaung, Yangon as its domicilium address.
- This Agreement constitutes the whole of the Agreement between the Parties relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on either of the Parties.
- This Agreement supersedes and replaces any and all Agreements between the Parties (and other persons, as may be applicable) and undertakings given to or on behalf of the Parties (and other persons, as may be applicable) in relation to the subject matter hereof.
- No addition to or variation, deletion, or agreed cancellation for all or any clauses or provisions of this Agreement will be any of force or effect unless in writing and signed by the parties.
- The Client acknowledges that no warranties, representations or guarantees have been made by New Day or on behalf of New Day, which may have induced New Day to sign this Agreement.
- No latitude, extension of time or other indulgence which may be given or allowed by either Party to the other in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of either Party arising from this Agreement and no single or partial exercise of any right by either Party under this Agreement, shall in any circumstances be construed to be an implied consent or election by that Party or operate as a waiver or a novation of or otherwise affect any of its rights in terms of or arising from this Agreement or estop or preclude it from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof. Failure or delay on the part of either Party is exercising any right, power or privilege under this Agreement will not constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
- All provisions and the various clauses of this Agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of this Agreement which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall, in jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of this Agreement shall remain of full force and effect. The Parties declare that it is their intention that this Agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.
- This agreement shall commence on the date the Client first makes use of the Employer Portal and shall continue for as long as such use persists.