General Terms and Conditions

Scope

These general terms and conditions (“GTC”) govern the contractual relationship between Jobmaps AG, Räffelstrasse 24, 8045 Zürich (“Jobmaps”) and registered visitors (“Users”) of the job marketplace accessible at Jobmaps.ch and via an app provided by Jobmaps (“Job Marketplace”). These GTC apply to any use of the Job Marketplace and to all services offered by Jobmaps in connection with the Job Marketplace, subject to any separate agreement.

Jobmaps

Jobmaps is a Job Marketplace that supports employees and employers by providing services for finding suitable jobs or employees, respectively. On the one hand, Jobmaps improves the quality of information (employer and employee profiles) in the search process and, on the other hand, minimizes search costs (map search with all employers, list of interested parties). This increases the efficiency of the search process for both parties and raises the likelihood of a match between job offers and job seekers.

On the Job Marketplace there are claimed and unclaimed employer profiles. Unclaimed employer profiles are created by Jobmaps and enriched with publicly available data (e.g. commercial register extract, web presences). Claimed employer profiles have been claimed by the respective employers (or their employees) and, where applicable, supplemented with individual content. Job Postings can only be placed on claimed employer profiles.

Delimitation

Jobmaps does not broker jobs and does not itself offer any third-party jobs on the Job Marketplace. Jobs offered on the Job Marketplace are offered exclusively by third parties. Jobmaps is not a party to any contracts in connection with the jobs offered on the Job Marketplace, does not participate in the conclusion of any such contract, and does not represent any of the parties to such a contract.

Formation and Termination of the Contractual Relationship between Jobmaps and the User

The contractual relationship between Jobmaps and the User is formed through the User’s registration, i.e. the creation of a user account. The contractual relationship between Jobmaps and the User can be terminated at any time with immediate effect and without stating reasons by deleting the user account.

Services Provided by Jobmaps

In General

The Job Marketplace is available only to persons with their domicile and habitual residence or registered office in Switzerland. By registering, the User warrants that their (residential) domicile/registered office and habitual residence are in Switzerland.

Jobs in Switzerland (“Job Postings”) can be offered on the Job Marketplace on an employer profile by, for example, employers, recruitment agencies, etc. (“Advertisers”). Visitors to the Job Marketplace can search for employers and their offers, and Users can respond to them (“Interested Parties”). In addition, Jobmaps makes certain of its own content and information available on the Job Marketplace, the subject matter and scope of which may change over time.

The User has no contractual claim to use the Job Marketplace. Jobmaps is entitled to make changes to the Job Marketplace at any time, for any reason and without prior notice, in particular to expand, modify, suspend, restrict or discontinue, in whole or in part, the scope of services, the functionalities, the design or the content of the Job Marketplace at its own discretion.

The User has no claim to the continuation or maintenance of the scope of services, the functionalities, the design or the content of the Job Marketplace.

For Advertisers

Users can manage employer profiles and, as an Advertiser, offer open positions (Job Postings) or vacancies on the Job Marketplace. Jobmaps is entitled to review listings before publication and to refrain from publishing them without stating reasons. Jobmaps is further entitled to remove already published listings at any time, without prior notice and without stating reasons, in particular pursuant to clause 6.3 of these GTC.

After Job Postings are published, the Job Marketplace provides an overview of the inquiries received in the user account, enables communication via Messenger between the Advertiser and the Interested Parties who have applied to the Job Postings, and allows the digital management of contact requests. Once a contract for the offered positions has been concluded, the listing is removed from the Job Marketplace, but it can be archived and reactivated if needed.

For Interested Parties

Users can respond, as Interested Parties, to positions as well as to employer profiles posted by Advertisers on the Job Marketplace. For this purpose, the User can create and save an electronic profile in their user account. Jobmaps is entitled to delete profiles, in particular in the event of User inactivity. After contact has been established, Jobmaps enables communication via Messenger between the Advertiser and the Interested Party.

Additional Services

Jobmaps may provide the User with paid additional services, which are governed by separate contracts. Unless such a separate contract contains differing rules, these GTC apply.

Jobmaps may enable the User to obtain paid services from third-party providers on the Job Marketplace. A contractual relationship regarding such paid additional services is formed exclusively between the User and the third-party provider.

The User agrees that Jobmaps may send them personalized messages by electronic means (e.g. by email or push notifications) with further offers that might be of interest to them. These messages can be unsubscribed from at any time via the link contained in them.

Ownership of Rights and Right of Use

Ownership of Rights

All rights to the Job Marketplace and to the information contained in or available on it, in particular rights to software, equipment, trademarks, company names and other identifiers, and to all materials including text, image and video material relating to the Job Marketplace, belong exclusively to Jobmaps and/or Jobmaps’ licensors. No rights to the Job Marketplace or to the information contained in it are transferred to Users and visitors of the Job Marketplace.

Excepted from this provision are any rights to Job Postings and to profiles or to information contained in or available within them. The User grants Jobmaps a free, irrevocable, transferable right, sublicensable to third parties, to use such rights and information as intended in connection with the respective listing or profile.

In particular, Jobmaps is entitled to publish listings on the Job Marketplace or by other means and to integrate them into its own services or third-party services, to use and analyze them for its own purposes, to make them available and pass them on to third parties — in particular to distribute and publish listings on other channels (e.g. social media) — and Jobmaps is entitled to store profiles and transmit them to the Advertiser.

The User’s Right of Use

Upon registration, Jobmaps grants the User a free, non-exclusive right — limited to the duration of the contractual relationship between the User and Jobmaps, non-transferable to third parties and non-sublicensable — to use the Job Marketplace and the information and functions contained in or available on it as intended, and the User undertakes to use the Job Marketplace only in accordance with this right of use.

The intended use of the Job Marketplace consists, for the Advertiser, in offering positions and, for the Interested Party, in seeking such offers.

Subject to any agreement to the contrary with Jobmaps, any further or more extensive use of the Job Marketplace or of the information and functions contained in or available on it is not permitted. In particular, any further exploitation or making available of the proprietary content provided by Jobmaps is not permitted. Likewise, any further exploitation and use of the listings published on the Job Marketplace is reserved to the respective Advertiser and Jobmaps; the Advertiser authorizes Jobmaps to take action against any exploitation of the listings placed by the Advertiser on Jobmaps that violates this provision.

Jobmaps’ Rights

Jobmaps is entitled to block or delete user accounts or to remove listings at any time, without prior notice and without stating reasons, in particular where there is a suspicion that a User is using the Job Marketplace in breach of these GTC, unlawfully or immorally, or that their user account is being used without authorization.

Further Obligations of the User

The User is obliged not to make the access credentials for their user account accessible to unauthorized persons.

The Advertiser is obliged to provide correct and complete information in listings and to keep listings up to date. In particular, the Advertiser is obliged to offer only such positions as they are entitled to offer and over which they can dispose as owner, contractor or recruitment agency.

The User warrants that they comply with the applicable data protection provisions.

The User is responsible for backing up their own data, in particular the information they have stored in their profile on the Job Marketplace and the listings they have published on the Job Marketplace.

The User is obliged to report all violations of these GTC to Jobmaps without delay. In particular, the User is obliged to report to Jobmaps any unauthorized use of their user account as well as fraudulent listings and applications. The same applies in the event of suspected misuse of the Job Marketplace by an unauthorized third party.

The User is obliged to ensure, at their own expense, that the technical prerequisites for using the Job Marketplace are met, and they must use current technologies when using the Job Marketplace, in particular the current version of the respective web browser. When using older or not commonly used technologies, the Job Marketplace may not be usable or only usable to a limited extent.

Furthermore, it is the User’s responsibility to take, at their own expense, the precautions necessary to secure their own systems.

Disclaimer of Warranties, Liability and Indemnification

Disclaimer of Warranties

The Job Marketplace is provided for use on an “as available” basis. Jobmaps makes no representations, guarantees or warranties whatsoever in connection with the Job Marketplace and its use, in particular not as to the availability, service quality, accuracy, completeness and timeliness of the Job Marketplace or of the information contained in or available on it, including in particular with respect to the listings published on the Job Marketplace and the profiles transmitted to the Advertiser by Interested Parties. Use of the Job Marketplace is accordingly at the sole risk and sole responsibility of the User.

Likewise, Jobmaps makes no representations, guarantees or warranties whatsoever with respect to individual functions of the Job Marketplace.

Jobmaps is not obliged to review the information transmitted via the Job Marketplace, in particular not listings, profiles and the communication content sent by Users. Each User is obliged to ensure the accuracy and lawfulness of their information and to review received communication content themselves.

Liability and Indemnification

The liability of Jobmaps and its auxiliary persons for damages in connection with the use of the Job Marketplace or the impossibility of its use is excluded in full.

The exclusion of liability applies in particular to damages arising from unauthorized access to a user account, from unlawful or immoral conduct by Users or third parties — in particular fraudulent listings or profiles — or from data loss or deletion (e.g. of information stored in the profile or of listings).

The exclusion of liability does not apply to damages caused by intent or gross negligence on the part of Jobmaps, to personal injury, to product liability claims and to further claims that cannot be excluded by law.

The User is obliged to fully indemnify Jobmaps if Jobmaps is held liable by third parties for damage attributable to the User’s actions in connection with the Job Marketplace, irrespective of any fault on the part of the User.

Amendments to the GTC

Jobmaps is entitled to amend these GTC at any time. The currently valid version of the GTC is available at jobmaps.ch. Amendments are announced to Users in an appropriate form. If the User does not agree to the amendments, they must terminate the contractual relationship with Jobmaps within two weeks of the announcement of the amendments and delete their user account. Without timely deletion, and through any continued use of the Job Marketplace after notification of the amendments, the amendments are deemed accepted.

Applicable Law and Place of Jurisdiction

The exclusive place of jurisdiction for disputes arising from or in connection with the contractual relationship between Jobmaps and the User is Zürich, Switzerland. Reserved are actions by Jobmaps against the User before another court in cases of recourse and warranty. The contractual relationship between Jobmaps and the User is governed by substantive Swiss law, excluding conflict-of-laws rules.

Zürich, 31 July 2024