Terms of Service

TERMS AND CONDITIONS FOR THE USE OF THE CAREERMEE SERVICES BY JOB APPLICANTS ("Candidate Terms")

1 GENERAL

1.1 These terms and conditions (the "Candidate Terms") apply to the submission of information and the use of the CareerMee Talent Database provided by CareerMee to a candidate (the "Candidate"). The Candidate Terms are accepted upon (i) Candidate's registration which is free of charge and (ii) clicking on the' register' button ("Acceptance").

1.2 After Acceptance, Candidate will receive an e-mail with confirmation link by CareerMee. By clicking on the link the Candidate has activated his account which concludes the frame work agreement (the "Agreement") governing the relationship between Candidate and CareerMee.

1.3 Access and use of the CareerMee Talent Database (the "Services") is exclusively provided to employers and individuals seeking a role with an employer. The Services shall not be used by persons or companies representing or acting as recruiting agencies or "headhunters". By registering for the Services you represent and warrant that you are using the Services as a Candidate in search of a role.

1.4 In case of non-compliance with aforesaid Section 1.3 the person shall be obliged and hereby agrees to pay the other a reasonable penalty to be determined by a competent court in its reasonable discretion.

1.5 Candidate will ensure that the login information (user name, password) is kept strictly confidential at all times in order to ensure that unauthorized individuals cannot access the Talent Database. If CareerMee has reasons to believe that the login information is being used by unauthorized individuals, CareerMee will suspend Candidate's account until the resolution of the issue.

2 ACCESS TO AND USE OF THE CAREERMEE TALENT DATABASE

2.1 In order to access and interact with the Talent Database, Candidate must be able to operate and maintain the necessary software and hardware, including, without limitation, web browser software and appropriate communications infrastructure.

2.2 Acquiring, installing, maintaining and operating any software and hardware needed to do so is solely Candidate's responsibility. CareerMee is in no way responsible or liable for Candidate's access to the internet, including without limitation any connection speed issues, bandwidth or latency-related problems that may affect Candidate's ability to access and use the Talent Database.

2.3 Candidate may not obtain or attempt to obtain any information through any means not intentionally provided to Candidate by CareerMee.

2.4 Candidate agrees not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, de-compile, or dissemble any aspect of the Talent Database (including any prices or service descriptions). Candidate shall not violate or attempt to violate the security of the CareerMee Talent Database or attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures. Candidate shall not attempt to interfere with the CareerMee Talent Database to any user, host or network, including, without limitation, via means of submitting a virus to the CareerMee Talent Database, overloading, "flooding", "spamming", "mail bombing" or "crashing" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment Actual or attempted unauthorized use of the Talent Database may result in criminal and/or civil prosecution.

2.5 The CareerMee Talent Database may be used only for lawful purposes by Candidates. In particular but without limitations Candidate shall not:

  • provide any incomplete, false, inaccurate or misleading information;
  • delete or revise any information posted by any other person or entity;
  • use the CareerMee Talent Database to transmit, distribute, store or destroy material in violation of any law or regulation;
  • use the CareerMee Talent Database in a manner that will infringe the copyright, trademark, or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity or falsely state or otherwise misrepresent Candidate's affiliation with a person or entity;
  • send unsolicited e-mail, including promotions and / or advertising of products or services other than within the scope of the CareerMee Talent Database;
  • use the CareerMee Talent Database for other commercial purposes other than within the scope of the CareerMee Talent Database and/or use the CareerMee Talent Database in a way that is unlawful, harms CareerMee or any affiliates or any other candidates or employers.

3 CONFIDENTIALITY

The information available on the CareerMee Talent Database are provided to the Candidate in strictest confidence and on the understanding that the Candidate will not disclose to any third person the existence or contents of such details without CareerMee's prior written consent.

4 SCOPE OF CAREERMEE'S LIABILITY

4.1 CareerMee does provide the service of the CareerMee Talent Database to Candidates free of charge and "as is".

4.2 CareerMee does not check whether it would be detrimental to the interests of either the Candidate or an employer to work in a position which the employer seeks to fill.

4.3 At any time, Candidate shall satisfy itself as to the suitability of any employer and the Candidate shall take up any references provided by the candidate to him before entering any engagement.

4.4 The Candidate is responsible for obtaining prerequisite permits and/or such other permission to work as may be required, including for the arrangement of required examinations.

4.5 CareerMee and its employees, officers and/or agents shall not be liable for any damages whatsoever, and, in particular damages for loss of profits, loss of revenue, or loss of use, arising out of or related to the CareerMee Talent Database or the information contained in it, whether such damages arise in contract, tort, negligence, under statute or otherwise, even if CareerMee has been advised of the possibility of such damages.

4.6 For the avoidance of doubt, CareerMee shall be liable for fatal or physical injuries, damage to health and in accordance with the regulations of the law on product liability in the case of deliberate acts or gross negligence.

4.7 If a fundamental contractual obligation (key obligation, i.e. the provision of the CareerMee Talent Database) has been breached, where CareerMee has acted slightly negligently, CareerMee is only liable where the losses incurred are foreseeable and typical within the context of the business in question.

4.8 CareerMee shall not be liable for more extensive losses. In particular, CareerMee shall not be liable for initial defects, unless the prerequisites set out in Sections 4.6 and 4.7 apply.

4.9 Liability for loss of data is limited to the typical effort required to restore the data which would exist where backup copies had been produced regularly and in line with the risks involved.

4.10 The limitations to liability set out above shall also apply to personal liability of agents, employees and representatives of CareerMee by means of protective effective effect to such third parties.

5 CANDIDATE'S REPRESENTATIONS AND WARRANTIES / INDEMIFICATION

5.1 The Candidate is responsible for ensuring that all information which is provided to CareerMee,

including any biographical data, is current, accurate and complete.

5.2 Candidate further represents and warrants that no information and content which is uploaded by Candidate onto the CareerMee Talent Database infringes any third party rights or applicable laws or regulations, including, without limitation, any copyrights, privacy rights or other third party rights of any nature.

5.3 Candidate agrees to fully and effectively indemnify, defend, and hold harmless CareerMee and CareerMee's representatives, employees or vicarious agents from any and all claims including reasonable legal fees that arise out of Candidate's use of the CareerMee, including but not limited to:

  • infringement or breach of any term of this Agreement, particularly the misuse of the CareerMee Talent Database;
  • infringement or breach of applicable law and/or
  • infringement of any third party right.

6 SUBMISSION OF CANDIDATE INFORMATION

6.1 Prior to using the CareerMee Talent Database the Candidate is obliged to create, upload and sign off a personal profile. Such a profile consists of the following mandatory elements:

  • Candidate's name;
  • Candidate's contact details;
  • Candidate's resume;
  • Candidate's ideal job criteria.

6.2 By uploading the content described in Section 6.1 Candidate grants CareerMee during the term (up until one month after termination/expiration of this Agreement) the non-royalty-bearing, non-exclusive and worldwide right to use and make the content available to potential employers (in particular to copy, store, to format as may be required for its use) in connection with the CareerMee Talent Database. CareerMee will never submit the candidate's name and contact details prior to the candidate's express approval.

7 TERM AND TERMINATION

7.1 The Agreement commences upon Candidate's free of charge registration and Acceptance. Candidate may terminate the Agreement by deleting Candidate's CareerMee account at any time.

7.2 In the case of termination and/or expiry of the Agreement CareerMee will delete Candidate's settings and all data received during Candidate's use of the CareerMee Talent Database.

7.3 CareerMee may terminate this Agreement with immediate effect or suspend the provision of the Services by giving notice to Candidate at any time after Candidate is in material breach of this Agreement.

7.4 Sections 3 and 5 survive the termination or expiration of the Agreement.

8 GENERAL PROVISIONS

8.1 Candidate is only entitled to transfer and/or assign the rights and obligations arising from or in relation to this Agreement to a third Party with the prior written approval of CareerMee.

8.2 Without prejudice to the provisions of this Agreement, amendments and additions to this Agreement shall be in writing. This shall also apply to the amendment or cancellation of this clause.

8.3 The Candidate`s general terms and conditions (if any) shall not be applicable.

8.4 If the Candidate is a business (person), the sole venue for all disputes arising directly or indirectly out of or in connection with the contract shall be CareerMee's place of business. However, CareerMee may also bring an action at the general place of jurisdiction of the Candidate.

8.5 Legal relations existing in connection with this Agreement shall be governed by German substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The requirements and effects of the retention of title agreed above shall be governed by the law applicable at the place of the storage of the Goods insofar as the choice in favor of German law should be unlawful or invalid pursuant to the respective law.

8.6 If any provision of this Agreement is held or made invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement.


Last update on 26, February 2009