Terms of Service for Job Seekers | Everjobs.de

- Last updated: 14 September 2015 -

Responsible for these Terms of Service (“Terms”) is Everjobs Global Services GmbH, email: [email protected] (referred to as “Everjobs”). These terms are binding for each Job Seeker (“User”) registering on www.everjobs.de (the “Website”, consisting of different sites, each a “Site”).
 
Please read these Terms carefully before using any services offered on the Website.
The Website offers a variety of features and services. A User looking for a job can create a curriculum vitae online and search and apply for job offers solicited by Employers on the Website.
 
Everjobs recommends printing these Terms for future use. Users can download or print these Terms via their browser. User needs to agree to these Terms in order to use services offered on the Website.
 
Everjobs may change these Terms. Users will be notified in due time before the change(s) become(s) effective. The notification will be sent by email to the registered email address of the Job Seeker. If the Job Seeker does not object to the use of the changed Terms within eight (8) weeks after receiving the notification, the new provisions come into effect at expiry of the objection period. An up-to-date version of these Terms will is available on the Website.
 
Users who violate these Terms may have their access to and/or use of the Website suspended or terminated at Everjobs sole discretion. Everjobs might remove any content from any Site, which – to Everjobs sole discretion – fails to comply with these Terms.

 

1. Use of Everjobs’ Services

Services offered on the Website should be used by Users seeking employment and/or career information. Everjobs’ service is limited to the provision of a marketplace where Employers and Users meet. Everjobs’ does not become party of any negotiations or contracts which are facilitated or closed by using our service. Everjobs makes no representations about any content created by Users or Employers on the Website (including but not limited to such content’s accuracy, completeness, reliability, and/or how up-to-date such content is).
Users are obliged to:

  • use the Website in conformity with any applicable laws;
  • use the Website in conformity with Everjobs Privacy Policy available on the Website;
  • refrain from using any data mining, programmed robots or similar data collecting or extraction methods in connection with the Website;
  • not copy in any way any content on the Website, including expired job posts, except if expressly or impliedly authorized by Everjobs;
  • post resumes and/or apply jobs only on behalf of themselves and not on behalf of a third party;
  • keep their login details confidential and not to share them with a third party;
  • submit details that are true to Users’ best knowledge (especially with regard to biographical information);
  • not collect login details or personally identifiable information from other users;
  • refrain from discriminating or harassing any individual or company.

2. Required Information about Users (User Account)

For being able to use all services offered by Everjobs on the Website, Users have to register on the Website, create an account (“Account”), and create a curriculum vitae (“CV”).
 
User allows Everjobs to share User’s data (such as provided in the registration process, saved in User’s Account and CV) with Employers. Potential employers are allowed to contact User with job offers. The consent text reads as follows: “Get exclusive job offers by Everjobs and its partners.”

 

a) Registration/Establishing an User Account

The following data will be required to register on the Website using the provided standard form:

  • an email address, password, first and last name, phone number (optional) or
  • a valid Facebook account (registration email and password) or
  • a valid LinkedIn account (registration email and password).

To confirm the registration, User will receive an email confirming the registration.

 

After registration, Users can create and update their personal information in a profile, for example with data referring to their gender, birthday, nationality, residence, address details, phone number, preferred language (“Account”). Information submitted by User to create an Account has to be accurate.

 

b) Creating a CV

User’s data will be presented as CV on the Website and accessible for Everjobs and potential employers. The profile consists of fields User has to fill in with respective information, such as work experience education, languages etc. Users can upload relevant certificates to their CVs. Respective information submitted by User to create a CV has to be accurate.

c) Termination of Accounts

Users themselves or Everjobs may initiate a process of terminating an Account. In that case all information in connection to respective Account will be marked as deleted and may be deleted from Everjobs databases. User acknowledges and agrees that in case respective Account is terminated, all information relating to respective User, including User’s CV, Account, cover letter, saved job posts, etc. will be deleted and will be removed from any public area of the Website. Information may continue to be available for some period of time due to delays in propagating such deletion through Everjobs web servers. In addition, third parties may retain saved copies of User’s information. Everjobs reserves the right to delete an Account and all relating information after a significant duration of inactivity. Users will not have access to deleted information. Because of delays in processing a termination of Accounts, information may be available on User’s account for some time after the termination had been initiated before being deleted.

d) Suitability of Services

Services and information provided on the Website by Everjobs and Employers are intended to assist in the job seeking or recruitment process. Everjobs cannot guarantee the suitability or prospects of success in any particular case.

e) Availability of Website

The user acknowledges and agrees that it is technically impossible to achieve 100% availability of the Websites. Everjobs shall nonetheless endeavor to keep the Website available. Related to maintenance, security or capacity issues and events that are not in the sphere of Everjobs may result in brief malfunctions or temporary cessation of services on the Website. Everjobs reserves the right to switch off Website temporarily (e.g. for maintenance) or completely.

 

3. Website Content

All Website content (including but not limited to audio files, codes, data, designs, graphics, icons, images, information, logos, messages, music, pictures, software, sounds, texts, videos) is protected under intellectual property law and other laws. It is not permitted to use any Website content outside the Website for commercial purposes not impliedly or expressly authorized by Everjobs. Nothing in these Terms shall be construed as granting any license for intellectual property rights to User. Unauthorized use of any Website content may violate applicable laws and will be prosecuted by Everjobs.

 

4. Content created by Users

User will create content (possibly including but not limited to audio files, data, designs, emails, graphics, images, information, logos, messages, music, pictures, texts, trademarks, videos) by way of posting, publishing, and/or sending (or submitting in any other way) in connection with the Website or any communication with Everjobs (“User Content”).
 
By creating User Content, User agrees to grant and transfer to Everjobs its legal representatives, assignees, and those acting in its authority, the unrestricted, irrevocable rights and permission to adapt, distribute, publish, reproduce, and/or sublicense such User Content for internal use, advertising or any other lawful purpose. User will not claim any rights in connection with User Content and/or claim for remuneration against Everjobs or third parties. Users acknowledges and agrees that other users and/or employers access, display, view, store and reproduce User Content.
 
User is solely responsible for the submitted content. Any User Content submitted to the Website may not contain information that includes or may be interpreted to include a direct advertisement, recruitment offer, or solicitation for an open job position directed to other users. User may not submit content that contains viruses or other harmful elements.

 

5. Everjobs Liability

Everjobs shall be liable under the terms of this Agreement only in accordance with the following provisions:
 
Everjobs shall be unrestricted liable for losses and damages caused intentionally or with gross negligence by Everjobs, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance; in respect of gross negligence of other assistants in performance Everjobs’ liability shall be as set forth in the provisions for simple negligence below.
 
Everjobs shall be unrestricted liable for death, personal injury or damage to health caused by the intent or negligence of Everjobs, its legal representatives or assistants in performance.
 
Everjobs shall be liable for losses caused by the breach of its primary obligations by Everjobs, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the Agreement, which were decisive for the conclusion of the Agreement and on the performance of which User may rely. If Everjobs breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by Everjobs at the time the respective service was performed.

 

6. Indemnification

User will defend, indemnify, and hold harmless Everjobs, its connected companies, and their respective managing directors, employees, and agents, against any claims, actions or demands, including reasonable legal fees against Everjobs arising as a result or in connection with any User Content and/or other data User provides to any Site.

 

7. Links to Homepages managed by Third Parties

The Website contains links to homepages managed by third parties. Everjobs is not responsible for content of such homepages and does not make any representations regarding contents. User visits linked third-party homepages on its own risk.

 

8. Governing Law

These Terms and all arising legal claims are solely governed by the laws of the Federal Republic of Germany and all disputes shall be decided by the German Courts.

 

9. Severability

If any provision of these Terms is invalid or contains gaps, this does not affect the validity of the remaining provisions. Such invalid provision shall be replaced and the gap shall be filled by a valid provision which corresponds to the meaning and purpose of the invalid provision and which corresponds to what would reasonably have been agreed by the Parties in accordance with the sense.