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Términos de uso

Terms of Service User.docx

TERMS OF SERVICE


Last updated: 1st October 2023


The following are the Jobtome Terms and Conditions (hereinafter the “Terms”), including cookie usage and privacy policies. Jobtome International SA and its affiliated brands, including but not limited to Italiajobs, Joob24, Emprego-brasil, Americajoobs and Deutschlandjoobs (hereinafter jointly “Jobtome”), wishes to provide users with full documentation on their activities, processes and procedures. The purpose is to make the user aware of the service offered.

Jobtome invites you to read and understand the following Terms and Conditions carefully. By using the Jobtome sites, the user agrees to proceed in accordance with the same.


Cookie Policy

The Rules on the use of cookies can be found in the appropriate section.


Privacy Policy

The Privacy rules are available in the appropriate section.


Introduction to the Terms of Service

Any user who uses or accesses the Jobtome sites or any of the services, products or programs (hereinafter also “the Site”) contained in these Terms of Service declares that they:

  1. Have read and understood the Cookie Policy and the Privacy Policy;

  2. Have accepted these Terms of Service.


The Site may only be accessed and used by persons who are looking for a job or who are seeking information regarding vacancies, their position, or the general working environment. Jobtome also makes the Site available to persons and organizations who are interested in collecting or sharing information about job offers, selection processes or who are looking for candidates in their own right or on behalf of third parties.


Jobtome reserves the right to automatically revoke the license to use the Site if it is revealed that the user attempts to access or use the Site for purposes other than the foregoing. The user who accesses or uses the Site agrees that they are an employee or representative of an organization, accepting the following Terms and Conditions on their own account and on behalf of that organization.


Jobtome may amend the following Terms of Service at any time and notify the user by the appropriate means. These amendments do not apply to requests made earlier. Access to the Site at a later date will represent the automatic acceptance of such amendments.


In the event of the inapplicability or invalidity of any provision contained in the following Terms and Conditions, the validity of the other provisions shall continue to be fully applicable and effective and shall be interpreted and applied as if such provision did not exist.


Rules for the use of the Site

Use of the Site for people seeking work is free of charge.

The user of the Site accepts that Jobtome shall record, analyze and process any interaction, communication or activity made by the user through or via the Site. These activities may include, but are not limited to, clicks, time of use of the Site, items displayed, pages visited by the user.

Without these activities, Jobtome cannot offer its service to the user. If you do not wish your actions to be recorded, analyzed or processed, you are invited not to use the Site.


The user agrees to access and use the site only through the interface provided by Jobtome, unless they have been authorized to do so through a separate written agreement with Jobtome.

The user is not allowed to access and use the Site through any automated system or software, including managed by third parties, that extracts the contents and data of the Site. In addition, the user may not appropriate, copy, duplicate or reuse the Site for any purpose.

The user agrees not to engage in any activity that could damage, interfere with or otherwise interrupt the activity of the Site.

The user further agrees not to upload or transmit any malicious code, to or via the Site, created to damage or interfere in any way with the activities of the Site or with the services offered by Jobtome


In the event that any unauthorized use of the Site is detected, Jobtome reserves the right to take all necessary actions to preserve the operation and safety of the Site for users, including through legal proceedings without notice.


Links to external sites

Jobtome may make available to users links to sites operated by third parties through the Site or the services offered.

Use of such sites is at the sole discretion and risk of the user. The user agrees that by entering into an agreement or using a service offered by a site operated by third parties, they provide their data to such third parties; the obligations arising from such action are determined by the Privacy Rules of such third parties.


The user agrees that Jobtome is in no way liable or accountable for the availability, operation or content offered by or through these sites.

Jobtome is also not responsible for any payments that such third parties may request from the user. Jobtome reserves the right to remove or discontinue the offer or availability of such sites at any time.


User registration and contacts

In order to access the services offered by Jobtome or to request a contact, certain areas of the Site may require that the user provide or register an email address or telephone number. If the user chooses to provide such contacts, they agree to enter truthful and up-to-date information and not to transfer or review the use or access to the Jobtome Site or services to any third party.

Jobtome reserves the right to suspend, remove or discontinue the offer and availability of the Site and services at any time.


Job vacancies or offers

Jobtome may make job vacancies, job offers or other job-related content, including links to external sites, available through the Site and services offered.

The ads on the Site or through Jobtome services are indexed and published automatically.

The user agrees that such job offers are created and published by third parties and that Jobtome does not exercise control of any kind over such content, links and employment offers or any conditions applied by third parties for such jobs.

Jobtome has no obligation to include or publish job listings in search results or services. Jobtome also reserves the right to exclude any advertisement from the search results of the Site or from the services offered.

The order of the job offers published on the Site or on the services offered is based on algorithms managed by Jobtome. Jobtome is not obliged to change the criteria that determine this order.


Jobtome reserves the right to format, cut or amend job offers to make them more user friendly.

Jobtome may receive financial compensation from employers for their ads published on or through the Jobtome Site or services.


Recommended job offers

Jobtome may provide the user with recommended job offers through the Site or other services, for example by means of emails or SMS. The user acknowledges that Jobtome identifies these offers on the basis of several factors, including, but not limited to, searches on the Site, interactions, preferences or content displayed.


Application to job offers

Jobtome may offer the user the possibility to apply to a job offer on jobtome.com. In order to proceed with the application, Jobtome may require additional personal or non personal information such as, for example, their work experience, including sending CVs.. This information is necessary to correctly send the application to the employer for the section process. Some information may be stored to facilitate next applications by the user.


Personal and non-personal data of persons seeking work

The user may provide various personal or non-personal data through the Site or other services.

The user acknowledges and understands that they are disclosing this data to Jobtome. If the user has subscribed to Jobtome services, they agree that the data will be associated with their subscription or account as well as all activities performed by them on the Site or through the Jobtome services.


Warranty disclaimers

Jobtome declines all responsibility regarding the content of job offers posted on the Site or provided through the Jobtome services, as well as their accuracy, lawfulness or completeness, whether it be paid or free ads.

Moreover, Jobtome declines all responsibility regarding the completeness and accuracy of the contents published on the Site or provided through other services for information purposes only.

Jobtome declines all responsibility regarding the operation, the deletion of data or the failure to transmit or save data. Jobtome also cannot in any way guarantee that the Site or the services are always operational or accessible.

Jobtome is not responsible for the incorrect use of the Site or the services, including of third parties, or for the user's expectations on them.

Jobtome may also perform tests in order to improve the Site or the services or parts thereof. The user acknowledges that such tests may be conducted without prior notice or notification.


THE SITE AND ALL MATERIALS, INFORMATION, SUGGESTIONS, JOB OFFERS, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS THEY ARE” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. JOBTOME EXPRESSLY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,

COMMERCIAL WARRANTIES SUITABLE FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY PROPERTY RIGHTS.

IN ADDITION, JOBTOME EXCLUDES ALL WARRANTIES REGARDING THE SAFETY, RELIABILITY, TIMELINESS AND OPERATION OF THE SITE AND ALL MATERIALS, INFORMATION, SUGGESTIONS, JOB OFFERS, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. JOBTOME DISCLAIMS ALL WARRANTIES REGARDING THE SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINK MADE AVAILABLE BY JOBTOME.

JOBTOME IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF ANY THIRD PARTY AND THE USER RELEASES JOBTOME AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY FOR KNOWN OR UNKNOWN CLAIMS OR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO ANY CLAIM BY THE USER AGAINST SUCH THIRD PARTIES.

THE USER ACKNOWLEDGES AND AGREES THAT DOWNLOADING OR OTHERWISE OBTAINING MATERIAL OR DATA THROUGH THE USE OF THE SITE IS AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE SUFFERED BY THEIR COMPUTER OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR ACQUISITION OF ANY MATERIAL OR DATA.


Limitation of liability

IN NO CASE WILL JOBTOME BE IN A POSITION TO RESPOND TO USERS ABOUT THE USE OF THE SITE OR THEIR EXPECTATIONS ON THE SITE, EVEN IF INCORRECT. THIS LIMITATION OF LIABILITY APPLIES TO PREVENT THE RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACTUAL, TORT (INCLUDING NEGLIGENCE), INDEMNITY OR ANY OTHER LIABILITY, EVEN IF JOBTOME IS AWARE OF THE PROBABILITY OF SUCH DAMAGE AND DESPITE THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. THIS LIMITATION OF LIABILITY APPLIES IN THE CASE OF DAMAGES ARISING FROM THE IMPROPER USE OF THE SITE AND EXPECTATIONS ON THE SITE AS WELL AS TO DAMAGES CAUSED BY INFORMATION PUBLISHED ON THE SITE, FROM THE IMPOSSIBILITY TO USE THE SITE OR RESULTING FROM THE INTERRUPTION, SUSPENSION OR FAILURE OF THE SITE (INCLUDING DAMAGE TO THIRD PARTIES). THIS LIMITATION ALSO APPLIES IN RESPECT OF DAMAGES SUFFERED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH THE SITE OR ADVERTISED ON IT, OR RECEIVED FROM LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION ALSO APPLIES, WITHOUT LIMITATION, TO THE COST OF SUPPLYING SUBSTITUTE GOODS OR SERVICES, LOST REVENUE OR DATA. THIS LIMITATION ALSO APPLIES TO THE SERVICES OR NON-PERFORMANCE OF THE SITE OR TO INFORMATION OR GOODS APPEARING ON THE SITE OR WHICH ARE IN ANY WAY CONNECTED OR RELATED TO IT. THIS LIMITATION APPLIES DESPITE THE LACK OF ESSENTIAL PURPOSE OF LIMITED REMEDIES AND TO THE MAXIMUM EXTENT PERMITTED BY LAW.


Jobtome is in no way responsible for losses or damage caused by interruptions or failures of Internet networks or the impossibility to access technical, operational or security websites.

Without limitation to the foregoing, Jobtome shall not be held liable, in default or in breach of these Terms and Conditions for any delay or failure to comply directly or indirectly with any causes beyond Jobtome's control.


Copyright

The “Jobtome” trademark is the exclusive property of Jobtome International SA and is protected by copyright law and international treaties. Images, texts, and distinctive signs such as, but not limited to, the trademarks, domains and names of third parties appearing on the site belong to their respective owners and are used solely for the purpose of representing the property of the ads posted on the Site.

Applicable law and dispute resolution

These Terms and Conditions and any dispute arising from them, relating to the latter or in any way related to the Site shall be governed by Swiss law and exclusively under the jurisdiction of the Court of Lugano.