Joobzz User Agreement
Valid from 1 April 2023
Our goal is to provide a platform for candidates, recruiters and hiring managers to be more productive and successful. Our services are designed to promote the economic opportunities of our members by enabling you to offer your profile to thousands of recruiters and hiring managers in Switzerland.
Go to the table of contents:
- Introduction
- Obligations
- Rights and Limits
- Disclaimer and Limit of Liability
- Termination
- Governing Law and Dispute Resolution
- General Terms and Conditions
- Joobzz “Dos and Don’ts”
- Complaints about content
- Contacting us
1.1 Contract
By using our Services, you agree to be bound by all of these Terms. Your use of our Services is also subject to our Cookie Policy and Privacy Policy, which govern how we collect, use, share and store your personal information.
You agree that by clicking "Sign Up" or similar, registering, accessing or using our Services (as described below), you are entering into a legally binding contract with Joobzz (even if you are using our Services on behalf of a business). If you do not agree to this contract ("Contract" or "User Agreement"), do not click "Join Now" (or similar) and do not access or otherwise use our Services. If you wish to terminate this Agreement, you may do so at any time by closing your account and no longer accessing or using our Services.
Services
This Agreement applies to Joobzz.com and other services that indicate they are offered under this Agreement ("Services"), including offsite data collection for those Services. Registered users of our Services are "Premium Members".
Joobzz
You are entering into this Agreement with Joobzz (also referred to as "we" and "us"). The term "Designated Countries" refers to countries in the European Union (EU), the European Economic Area (EEA) and Switzerland.
If you are a resident of the "Designated Countries", you are entering into this Agreement with MAL- Technologies GmbH and MAL-Technologies GmbH is the data controller of your personal data that you provide to us or that we collect on your behalf or that is processed in connection with our services.
If you reside outside the "Designated Countries", you are entering into this Agreement with MAL- Technologies GmbH, which is the controller of your personal data provided to, or collected by or processed on your behalf in connection with our Services.
This contract applies to all members. As a member of our Services, the collection, use and disclosure of your personal data is subject to this Privacy Policy (including our Cookie Policy and other documents referenced in this Privacy Policy) and any updates to it.
1.2 Members
When you register and join Joobzz.com, you become a Member. If you do not wish to subscribe to our services, you may close your account.
1.3 Modification
We may make changes to the Agreement. We may change this Agreement, our Privacy Policy and our Cookie Policy from time to time. If we make material changes, we will notify you through our Services or otherwise to give you an opportunity to review the changes before they take effect. We agree that changes cannot be retroactive. If you do not agree with the changes, you may close your account. If you continue to use our services after we have posted or sent notice of our changes to these Terms, this means that you agree to the updated Terms at the time they take effect.
2. obligations
2.1 Entitlement to use the Services
The following are some of the promises you make to us in this contract:
You are eligible to enter into this Agreement and you are at least our "Minimum Age".
The Services are not intended for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be of "Minimum Age" (as described below) or older;
2) you will have only one Joobzz account, which must be in your real name; and (3) you are not already restricted by Joobzz from using the Services. Creating an account with false information is a violation of our Terms, including accounts registered in the name of others or by persons under the age of 16.
"Minimum age" means 16 years old. However, if the law requires you to be older in order for Joobzz to lawfully provide the Services to you without parental consent (including the use of your personal information), then the minimum age is the older age.
2.2 Your Account
You will keep your password secret!
You will not share your account with anyone and will obey our rules and the law.
Members are account holders. You agree to:
(1) use a secure password and keep it secret;
(2) not transfer any part of your account (e.g. connections);
and (3) follow the law and our list of Dos and Don'ts. You are responsible for everything that happens through your account unless you close it or report the misuse.
As between you and others (including your employer), your account belongs to you. Others have no rights over your personal account.
2.3 Payment
You will meet your payment obligations and agree to us storing your payment information. You understand that fees and taxes may be added to our prices. Refunds are subject to our policies.
If you purchase any of our paid services ("Premium Services"), you agree to pay us the applicable fees and taxes and to comply with additional terms and conditions for the paid services. Failure to pay these fees will result in termination of your Paid Services and thereafter activate the Free Plan (Free Service for your account).
You also agree that:
Foreign currency fees or location-based price differences (e.g. exchange rates) may apply to your purchase.
We may store and continue to charge your payment method (e.g. credit card) even after it has expired to avoid interruptions to your services and to use it to pay for other services you have purchased.
When you purchase a subscription, your payment method is automatically debited at the beginning of each subscription period with the fees and taxes applicable for that period. To avoid future debits, cancel before the renewal date.
All services purchased by you are subject to Joobzz's refund policy.
We may calculate the taxes payable by you based on the billing information you provide to us at the time of purchase.
You may receive written confirmation of your payment through your Joobzz account settings or upon request to Customer Support.
2.4 Notifications and messages
You agree that we may provide contact information such as personal details, work experience, work situation, etc. If your contact information is out of date, you could adjust it in your dashboard at any time.
You agree that we may send you communications and messages in the following ways: (1) within the Service, or (2) to the contact information you provide (e.g. email or APP). You agree to keep your contact information up to date.
Please review your settings to control and limit the receipt of messages from us.
2.5 Sharing
If you share dossiers or other data through our Services, others may see, copy and use that information.
Our services do not allow information such as your profile, CV, certificates and diplomas to be shared with third parties outside the recruiter's organisation. Information and content you share may be viewed by other recruiters. Where we have provided settings, we will abide by the choices you have made about who can see content or information (limiting the visibility of your profile on recruiter search engines to an anonymous profile). We are under no obligation to post any information or content on our service and may remove it with or without notice. It is your responsibility to check how Joobzz displays your dossier. Please check your settings to see if you are anonymous or not. If you have any questions, please contact us immediately and we will be happy to assist you.
Important terms
3. rights and restrictions
3.1 Your licence to Joobzz
You own all Content and Personal Information you submit to us, but you also grant us a non-exclusive license to it.
As between you and Joobzz, you own the Content and information you submit to the Services, and you grant Joobzz and our affiliates only the following non-exclusive license:
A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish and process information and content you provide through our Services and the Services of others without further consent, notice and/or compensation to you or others.
These rights are limited in the following ways:
You may terminate this license for certain Content by deleting such Content from the Services or generally closing your account, except (a) to the extent you have shared it with others as part of the Service and they have copied, shared or stored it, and (b) for the reasonable time necessary to remove it from backup and other systems.
We will not include your content in advertisements for third party products and services (including sponsored content) without your separate consent.
Because you own your content and information and we have only non-exclusive rights to it, you may choose to make it available to others.
You and Joobzz agree that content that contains personally identifiable information is subject to our Privacy Policy.
You and Joobzz agree that we may access, store, process and use any information and personal data that you provide to us in accordance with the terms of the Privacy Policy and your choices (including preferences).
You agree to provide only information and content that you have a right to share and that your Joobzz profile will be truthful.
You agree to provide only content or information that does not violate the law or the rights of others (including intellectual property rights or fake diplomas for job applicants or fake names for recruiters). You also agree that your profile information is truthful. Joobzz may be required by law to remove certain information or content.
3.2 Availability of the Service
We may change or discontinue any Service or change our prices with effect for the future. We may change, suspend or discontinue any of our Services. We may also change our prices with reasonable notice with effect for the future to the extent permitted by law. We do not promise to store or retain any information. Joobzz is not a storage service. You agree that we have no obligation to store, retain or provide you with a copy of any content or information you provide to us, except as required by applicable law and noted in our Privacy Policy.
3.3 Other content, websites and apps
Your (Recruiter's) use of content and information from other providers on our Services is at your own risk.
Others may offer jobs, dossiers and services through our Services and we are not responsible for this content.
(Recruiters) In using the Services, you may encounter content or information that may be inaccurate, incomplete, late, misleading, illegal, offensive or otherwise harmful. Joobzz generally does not review content provided by our members (candidates or recruiters) or others. You agree that we are not responsible for the content or information of others (including other members). We cannot always prevent misuse of our services and you agree that we are not responsible for any such misuse. If you notice any of the abuses mentioned above, please contact us immediately!
Members have a choice regarding this function.
Joobzz may help connect members who offer their services with recruiters. Joobzz does not provide these services or hire individuals to provide these services. You must be at least 18 years of age to offer, perform or refer these services. You acknowledge that Joobzz does not supervise, direct, control or monitor members in the provision of these services and agree that (1) Joobzz is not responsible for offering, performing or procuring these services, (2) Joobzz does not endorse the services offered by any particular member and (3) no employment, agency or joint venture relationship is created between Joobzz and any member offering services. If you are a member (recruiter), you warrant that you will retain all data within your organisation and will not disclose it to outside parties without the consent of the applicant.
3.4 Restrictions
We have the right to restrict the way you connect and interact with our services. Joobzz reserves the right to restrict your (Recruiter's) use of the Services, including your ability to contact other members (Candidates). Joobzz reserves the right to restrict, suspend or terminate your account if you breach this Agreement or the law or misuse the Services (e.g. if you violate the Dos and Don'ts.
3.5 Intellectual Property Rights
We inform you of our intellectual property rights.
Joobzz reserves all intellectual property rights in the Services. The trademarks and logos used in the Services are the trademarks of their respective owners. Joobzz and other Joobzz trademarks, service marks, graphics and logos used on our Services are trademarks or registered trademarks of Joobzz.
3.6 Automated processing
We use data and information about you to make relevant suggestions to you and others. We use the information and data you provide to us and that we have about members to make recommendations about connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs and you to recruiters. By keeping your profile accurate and up to date, we can make these recommendations more accurate and relevant.
Key Terms
4. Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. JOOBZZ AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, JOOBZZ AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS JOOBZZ HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), JOOBZZ, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. JOOBZZ AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO JOOBZZ FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) CHF 1’000.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and Joobzz and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Joobzz or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
4.4 Exclusion of Liability by Misuse
THE CANDIDATE IS AWARE THAT JOOBZZ IS NOT LIABLE FOR ANY MISUSE OF THE DATA BY THE RECRUITER. THE FACTS ARE CLEAR, THE RECRUITER IS NOT ALLOWED TO DISTRIBUTE THE DOSSIER OUTSIDE HIS ORGANIZATION AND ONLY TO PEOPLE WHO HAVE BEEN DIRECTLY ASSIGNED WITH THE RECRUITMENT PROCESS. AS SOON AS THIS CHANGES, THE RECRUITER IS OBLIGED TO COMMUNICATE THIS TO THE CANDIDATE. JOOBZZ WILL NOT BE HELD RESPONSIBLE FOR THE RECRUITER'S COMPLIANCE WITH THIS POLICY. IN CASE OF VIOLATION JOOBZZ WILL REACT IMMEDIATELY AND BLOCK THE ACCOUNT OF THE WHOLE COMPANY.
5. Termination
We can each end this Contract, but some rights and obligations survive. Both you and Joobzz may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: Any amounts owed by either party prior to termination remain owed after termination. You can contact our Support Center to close your account.
6. Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, depending on where you live, you and Joobzz agree to resolve it in Wollerau, Canton Schwyz using Swiss courts, using Swiss law, or in your local courts using local law. If you live in the Designated Countries, the laws of Switzerland govern all claims related to Joobzz's provision of the Services, but this shall not deprive you of the mandatory consumer protections under the law of the country to which we direct your Services where you have habitual residence. With respect to jurisdiction, you and Joobzz agree to choose the courts of the country to which we direct your Services where you have habitual residence for all disputes arising out of or relating to this User Agreement, or in the alternative, you may choose the responsible court in Switzerland. For others outside of Designated Countries, including those who live outside of the United States: You and Joobzz agree that the laws of Switzerland excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Joobzz both agree that all claims and disputes can be litigated only in the federal or state courts in Wollerau, Canton Schwyz, Switzerland, and you and Joobzz each agree to personal jurisdiction in those courts.
7. General Terms
Here are some important details about the Contract.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that Joobzz has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Joobzz may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. Joobzz “Dos and Don’ts”
Joobzz is a job searching platform for professionals. This list of “Dos and Don’ts” along with our Professional Community Policies limit what you can and cannot do on our Services.
8.1. Dos
You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
Provide accurate information to us and keep it updated.
Use your real name on your profile; and use the Services in a professional manner.
8.2. Don’ts
You (Candidates or Recruiter) agree that you will not:
Create a false identity on Joobzz, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services.
Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views).
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Joobzz.
Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer).
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights.
Violate the intellectual property or other rights of Joobzz, including, without limitation, or copying or distributing our technology, unless it is released under open source licenses; using the word “Joobzz” or our logos in any business name, email, or URL except as provided in the
Upload anything that contains software viruses, worms, or any other harmful code.
Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Services or any related technology that is not open source.
Imply or state that you are affiliated with or endorsed by Joobzz without our express consent (e.g., representing yourself as an accredited Joobzz trainer).
Monitor the Services’ availability, performance, or functionality for any competitive purpose.
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.
Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services).
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
9. Complaints Regarding Content
Contact information for complaint about content provided by our Members.
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.
We provide a policy and process for complaints concerning content posted by our Members.
10. How To Contact Us
Our Contact information. Our Customer Support also provides information about our Services.
For general inquiries, you may contact us online. For legal notices or service of process, you may write us at these addresses (support@joobzz.com).
For any questions please contact our support!