Agency Terms

By registering as an Agency on the Platform, you represent and warrant that you hold, and will continue to hold throughout your use of the Platform, a valid and subsisting licence to operate as an employment agency in Hong Kong under the Employment Agencies Ordinance (Cap. 57A) or, if applicable, equivalent authorisation in your jurisdiction. You must promptly notify HelperLinked if your licence is suspended, revoked, or lapses.

You must not misrepresent your licence status, the nature of your business, or any information provided during registration or in your Agency profile. HelperLinked reserves the right to verify your licence status with the Commissioner for Labour at any time and to suspend your account pending verification.

You operate as an independent licensed agency and are not an employee, contractor, sub-agent, joint venture partner, or representative of HelperLinked. You have no authority to bind HelperLinked or to make representations on its behalf.

You warrant that, prior to uploading any helper's profile or personal data to the Platform, you have: (a) informed the helper in clear terms that their profile will be stored on a digital platform managed by Phoenyx Capital Limited; (b) obtained explicit written consent from the helper to upload and store their personal data; and (c) informed the helper of the purposes for which their data will be used, including case management and, where applicable, marketplace sharing.

Uploading a helper profile to your private agency database does not authorise you to share that profile on the Platform marketplace. Before sharing any helper profile on the marketplace — making it visible to other agencies and partners — you must have obtained separate, specific consent from the helper for marketplace sharing. This consent must clearly explain that their profile will be visible to and potentially accessed by other licensed agencies using the Platform.

You are solely responsible for the accuracy, completeness, and currency of all information contained in helper profiles you upload or maintain. You must: (a) only upload information that you reasonably believe to be accurate; (b) promptly update or correct any information that becomes inaccurate or outdated; and (c) remove profiles of helpers who are no longer available, have withdrawn consent, or have requested removal of their data.

You must not upload profiles that you know or suspect to contain false, fabricated, or materially misleading information. This includes, without limitation, falsified employment history, fabricated qualifications, photographs of persons other than the helper, or information uploaded without the helper's knowledge.

You acknowledge that you are the data controller of all personal data you upload to the Platform. HelperLinked acts solely as a data processor on your behalf. You are solely responsible for complying with the PDPO and all other applicable data protection laws in respect of such data, including responding to data subject access requests from helpers.

Where you discover, are introduced to, or make contact with any helper, agency, training school, employer, or other party (collectively, “Introduced Party”) through the Platform or as a direct or indirect result of accessing the Platform, you must not engage with, solicit, transact with, or contact such Introduced Party for any purpose related to domestic helper recruitment, placement, or sourcing, except through the Platform or with the prior written consent of HelperLinked.

The non-circumvention obligation applies from the date of first contact or discovery through the Platform and continues for twenty-four (24) months after your account is terminated or after you last interacted with the Introduced Party through the Platform, whichever is later.

If you breach Clause 3.1 or 3.2 — whether knowingly, recklessly, or negligently — HelperLinked may, at its sole discretion, invoice you for a circumvention fee calculated as the greater of: (a) the platform fee that would have been payable had the relevant transaction been conducted through the Platform; or (b) HK$10,000 per circumvention incident. Such fee shall be payable within 14 days of invoice. Payment of the circumvention fee does not release you from other remedies available to HelperLinked in equity or at law.

If you become aware that another user has circumvented or is attempting to circumvent the Platform, you are encouraged to report this to helperlinkedteam@gmail.com. HelperLinked may, at its discretion, offer a referral credit for reports that lead to a verified circumvention finding.

You agree to fully indemnify, defend (at HelperLinked's election), and hold harmless Phoenyx Capital Limited and its directors, officers, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, demands, liabilities, losses, damages, fines, penalties, costs, and expenses (including legal fees on a full indemnity basis) arising out of or relating to:

• Any helper profile you upload, including any inaccuracy, falsehood, or consent failure;
• Any placement arranged through or in connection with the Platform, including employment disputes, personal injury claims, immigration violations, or regulatory proceedings involving any helper placed by you;
• Your breach of these Agency Terms, the Terms of Use, or any applicable law;
• Your circumvention of the Platform in breach of Clause 3;
• Any claim by a helper, employer, client, or regulatory authority arising from your business activities;
• Your failure to obtain valid consent from any helper whose data you upload;
• Any breach of your obligations under the PDPO or other applicable data protection law;
• Any misrepresentation made by you to any helper, employer, client, or third party.

This indemnity obligation shall survive the termination or expiry of your account and these Agency Terms, without limitation in time, in respect of any claim arising from events occurring during the period of your use of the Platform.

HelperLinked may immediately suspend or terminate your account, and remove any or all of your content from the Platform, without prior notice, if: (a) you breach any provision of these Agency Terms or the Terms of Use; (b) your employment agency licence is suspended, revoked, or lapses; (c) we receive a credible complaint from a helper regarding consent or data handling; (d) we reasonably suspect fraudulent or unlawful activity; or (e) we receive a direction from a regulatory or law enforcement authority.

HelperLinked reserves the right to remove any helper profile from the Platform — including from the marketplace — at any time without notice or liability, where we have reasonable grounds to believe the profile: (a) was uploaded without consent; (b) contains false or misleading information; (c) violates these Agency Terms or applicable law; or (d) has been the subject of a legitimate removal request.

HelperLinked makes no warranty, representation, or guarantee that the use of the Platform will result in any placement, that any helper listed will be suitable for any role, or that any placement will be successful, sustainable, or free from dispute. HelperLinked is a technology facilitator only.

HelperLinked shall not be liable to any Agency for any loss of business, missed placement, or operational disruption arising from Platform downtime, data processing delays, feature unavailability, or any technical failure of any kind.

HelperLinked shall not be liable for any delay or failure in performing its obligations under these Agency Terms arising from causes beyond its reasonable control, including acts of God, pandemic, war, civil unrest, government action, power failure, or failures of internet or telecommunications infrastructure.

HelperLinked's aggregate liability to any Agency under or in connection with these Agency Terms shall not exceed the total fees paid by that Agency to HelperLinked in the twelve (12) months immediately preceding the claim, or HK$1,000, whichever is the greater amount.