1.2 Legally binding. READ THESE TERMS CAREFULLY BEFORE USING OUR SITE AS USE OF THE SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SITE OR ANY OF OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
1.3 About our Services. Our Site is a job aggregator, that means that we index job vacancies published online and allow you to search all of these different job postings easily within one place, our Site. It’s effectively like a search engine, for job vacancies. We don’t input into the hiring or selection processes, and are not a recruitment firm, we simply index available vacancies published by others and when you choose to apply for a vacancy you will be redirected to the original job post on the third party site or service directly or using our easy apply service. Some features of the Site include the ability for job seekers to upload a CV. Collectively our activities, products and features on the Site and the Site itself, are referenced in this Policy as the “Services”.
1.4 About us. You are entering into this Agreement with Job Evolution Kft. is a Hungarian company (VAT: HU32201963) with its registered address at Hungary, 1173 Budapest, Pesti ut 17 (“we/us/our”).
1.5 You, as a party to this Agreement. When we refer to “you” we mean, you, if you are a visitor to our Site, any individual who accesses the features of our Site, or are a professional recruiter or hirer using our Site. Specifically:
‘Jobseeker’ means you, if you are an individual who is searching our Site for job vacancies, or have created an account with us for the purposes of learning about career development and job opportunities/applying for positions.
‘Recruiter’ means you, if you are a person acting in a business capacity who is using our Site or Services for the purposes of establishing a business relationship with us, or Jobseekers, including recruitment of Jobseekers. If you are a business professional purporting to represent an entity or organization in this agreement, you thus warrant and assert that you have been authorized to agree to the provided Terms and to form a binding contract with us (for such cases, every reference to “you” and “your” in the Terms, with an exception of this paragraph, will concern that entity or organization which you have entered into this agreement on behalf of).
‘Site Visitor’ means you, if you are not considered a Jobseeker or Recruiter, but are any other person who is accessing or otherwise making use of our Services, including this Site.
1.6 Children. The Services are not aimed at anyone under the age of 18 years, and you warrant that, by using this Site and any Services, that you are aged over 18 or the appropriate age of legal capacity of the country in which you reside.
1.8 Additional terms relevant to Recruiters and future business partners. If your business enters into an agreement with us to provide additional services to you in a commercial collaboration, you will be subject to additional terms of agreement to be determined at the relevant time.
2. THIRD PARTY CONTENT
2.1 User Content. Users of our Services, including but not limited to Jobseekers, may upload content to the Services, such as resumes or CVs or other content, and we refer to this user generated content as “User Content”.
2.2 Third Party Content. In addition to User Content, the Services may feature content created, uploaded, or the Site may link to content hosted by third parties (such as job vacancies). This is particularly important because we are an aggregator, as explained in section 1.3, therefore we have no control over this, what we call “Third Party Content”.
2.5 Satisfy yourself as to the employer. If you apply for any role indexed on our Site, it is your sole responsibility to ensure that the employer/recruiter are licensed, certified, insured, bonded to the extent that you require.
3. PROVIDING OUR SERVICES TO YOU
3.1 Right to alter, suspend or discontinue the Services. We strive to continually develop innovative services and functionalities, and we may offer you additional services or revise the scope of existing Services at our discretion, with or without notice to you, and these Terms shall apply to all such Services as provided at the relevant time of service provision. We may alter, modify, suspend or discontinue the Site, Services or any part thereof at any time.
3.2 No guarantee. Nothing in these Terms or within any content of the Services, or communication with us, should be deemed to imply any guarantee or promise of employment of any kind. We are not a recruiter, and have no influence on decision making of recruiters. We do not endorse any specific recruiters or employers; our Services provide search functionality only.
3.3 Right to refuse. We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
3.4 Errors. You understand that the Site may contain typographical errors or other inaccuracies and that you are not relying on any statement made on the Site, Services or in communications when making decisions on your use of the Services.
4. YOUR USE OF THE SERVICES
4.1 Permitted Purpose. You are permitted to use the Services for personal, consumer or your own internal business purposes (but not for commercial purposes including but not limited to whereby you re-sale or otherwise make profit from any third party by misrepresenting the Services as your own, or by selling access to the Services to any third party) (“Permitted Purpose”).
4.2 Unauthorized use. Any other use of this Site and the Services beyond the Permitted Purpose is prohibited and, therefore, constitutes unauthorized use of this Website. Unauthorized use of this Site may result in violation of various international laws.
5. YOUR LEGAL OBLIGATIONS AND WARRANTIES
5.1 You warrant and represent that you are at least 18 years of age, or the appropriate age of legal capacity according to the laws of the jurisdiction you reside in and you further warrant that you
are accessing the Site and using the Services voluntarily and for the Permitted Purposes only;
have never been convicted of a felony, or similar criminal conviction in the country in which you reside;
will use the Services in compliance with laws applicable to the country in which you reside and that you have complied with, and will continue to comply with, the laws and regulations of the jurisdiction from which you access the Site or otherwise use the Services;
will only submit accurate and truthful information to us and that you will promptly update any information that you provide that later becomes inaccurate, misleading, or false;
have the right, authority, and capacity to enter into and be bound by these Terms, particularly if you are a Recruiter acting on behalf of a legal entity;
are not located in a country where accessing the Site would be considered contrary to local laws;
understand and accept that no relationship is established between us and you of any kind other than as laid out in this Agreement, and specifically no relationship of employee, employer, contractor or consultant is being established;
understand and accept that no offer of employment or solicitation of employment is being made to you by virtue of your use of the Services.
5.2 You further warrant and represent that you will not use the Site or the Services in any way (nor seek to transmit, share, broadcast or other content, links to content or otherwise engage in any activity on or through the Site or Services), which, in our sole judgment is you using the Services:
for any non-Permitted Purpose (e.g. for commercial purposes) which includes use of this Site or its data or contents, on another site or through a networked computer environment;
in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any part of this Site or the Services in whole or part;
in any way that violates, or has the potential to violate, any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
to stalk, harass, or harm another individual, or collect, use or store personal data about other users without their consent by any method including, but not limited to, through the use of scripts, bots or web crawlers or scraping of any kind;
to impersonate any person or entity or otherwise misrepresent affiliation, connection or association with, any person or entity or for disclosing or seeking to disclose any personal or confidential information of any person or organization without first obtaining their consent or solicits another person’s personal information for commercial or unlawful purposes;
to, or attempt to, interfere or disrupt networks connected to the Services or with the proper functioning of the Services including, without limitation, submitting a virus to the Services, overloading, flooding, spamming, mail bombing or crashing or otherwise attempting to deny service to the Site, Services or the server of any user
to use, or attempt to use, any data mining, robots, or similar data gathering or extraction methods in connection with this Site;
to, or to attempt to, gain unauthorized access to any portion of this Site, or Services, or any other accounts, computer systems, or networks connected to the Services whether through hacking, password mining, or any other means, or attempting to cause technical harm by any means including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;
to, or to attempt to, probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorization;
by forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Services;
for the promotion or enabling of racism, bigotry, hatred or physical harm, illegal or unlawful activities, is defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, harms minors in any way (a minor being a person aged under 18) or which may cause annoyance or inconvenience;
to deliberately mislead us or any other person or organization, or act fraudulently;
for any activity which is in breach of any third party rights, including but not limited to intellectual property laws and rights afforded to rights owners such as by your use of copyrighted content (such as music, videos, photographs, images etc), trademarks, patents, trade secret or other proprietary information, without first obtaining (and providing evidence to us of) consent from the rights owner;
to advertise or solicit any person to buy or sell any products or services including but not limited to uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, affiliate marketing codes, link referral code or any other form of commercial solicitation;
for any other purpose which we deem to be unacceptable and damaging, or potentially damaging, to any third party, other user of the Services, us, our affiliates, the Site, or the Services in any way including causing any physical or reputational or other intangible harm.
6.1 At this time, our Services are free for Jobseekers. If we introduce any paid for features or products or services, you will be informed of these and these terms shall be updated to reflect any change to our billing model.
6.2 Further to clause 1.8, any payments for business partners will be detailed in any additional commercial agreement between us and you, acting in a business partner capacity.
7. CLASS ACTION WAIVER
You agree that you will not participate in any class action, and that no claim relating to any dispute can be brought by you unless you are acting solely as an individual in an individual action under any jurisdiction, and under no circumstances will class action procedures or rules apply to the arbitration or any other dispute process. IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
8. INTELLECTUAL PROPERTY RIGHTS
8.2 By submitting any User Content or Third Party Content (as previously defined in these Terms) to our Site, you are certifying that you are the exclusive author and owner of that content (and that our use will not infringe or violate the rights of any third party, including privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights) and you agree that you waive any moral rights relating to that content (including the right to be identified as the author).
8.3 You accept and agree that we have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.
9. REMEDIES FOR BREACH OF THESE TERMS
9.1 We may take any action that we deem necessary or appropriate if we believe that any person has violated these Terms including but not limited to:
disclosing user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right or any other legal right under the law of any applicable jurisdiction;
blocking your IP address and notifying your Internet Service Provider, and any relevant government, regulatory or law enforcement body;
suspending or terminating your account with us;
moderating any User Content;
taking any other action provided for in these Terms or available under equity or law.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 THIS SITE, SERVICES AND ALL OF ITS CONTENT ARE PROVIDED "AS IS." YOU MUST NOT RELY ON ANY INFORMATION PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.
10.2 Without limiting the generality of the foregoing, we make no warranty that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected. We make no warranty as to the results that may be obtained from the use of this Site or our Services, or as to the accuracy or reliability of any information obtained through this Site or the Services. No advice or information, whether oral or written, obtained by you through this Site or the Services, or from us or our subsidiaries/other affiliated companies shall create any warranty.
10.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE FOLLOWING LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU AS A PERSON, A SITE VISITOR, A JOBSEEKER, A RECRUITER OR ANY OTHER FORM OF USER OF OUR SERVICES WHICH INCLUDES THE SITE. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WE (OR OUR LICENSOR(S) OR SUPPLIER(S)) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) FOR PAYING CUSTOMERS, THE AMOUNTS PAID BY YOU TO US IN CONNECTION WITH THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.
11. INDEMNITY BY YOU
You agree to indemnify us, our officers, directors, employees, agents, affiliates (and officers, directors, employees and agents of affiliate entities) for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of your, or anyone using your account’s: (i) use of or inability to use the Services, (ii) any content or information posted using your account, (iii) violation of these Terms, (iv) violation of any rights of a third party, or (iv) violation of any applicable laws, rules or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to provide us with full cooperation if we choose to exercise this right and all other terms of indemnification will continue to apply.
12. PRIVACY AND ELECTRONIC COMMUNICATIONS
12.2 Electronic communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
13. MISCELLANEOUS PROVISIONS
13.1 Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
13.2 Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
13.3 Severability and No Waiver. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The failure of any party hereto to exercise any right, power or remedy provided under these Terms or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
13.5 GOVERNING LAW AND JURISDICTION. These Terms will be governed by the laws of England and Wales. Any disputes relating to these Terms, or the Services to which they relate, will be heard exclusively in the courts located in England, UK.
13.6 LANGUAGE. These Terms are written in the English language and any proceedings relating to these documents and any related dispute shall be conducted in English. If we make these documents available in any other language, the terms in the English language version shall prevail.
14.1 Complaints or comments may be addressed to our support department by contacting us:
Our company name: Job Evolution Kft.
Our company number: VAT: HU32201963 registered in Hungary
Our registered office address: Hungary, 1173 Budapest, Pesti ut 17
Our support email: email@example.com
Our website: jobscanner.pro
14.2 We will endeavour to respond to and duly investigate any complaint within a reasonable period.
15. CONSUMER RIGHTS INFORMATION FOR RESIDENTS OF CALIFORNIA, USA ONLY
15.1 This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following: Hungary, 1173 Budapest, Pesti ut 17, and firstname.lastname@example.org
15.2 Any user of our Services who wishes to gain access to the account holders-only section of the Site must be an account holder in good standing. Any fees associated with opening or holding an account are displayed prior to such an account being established. We reserve the right to change any such fees. You may contact us to resolve any disputes or to receive further information about the Site.