Terms and Conditions
With regard to the contractual relationship between German Industry & Commerce (Taicang) Co., Ltd. and the Job Seeker
The following Terms and Conditions apply to persons who are potentially interested in applying for a job offer (hereinafter referred to as “Applicant”) of an Employer and the German Industry & Commerce (Taicang) Co., Ltd., Landmark Tower II, Unit 0830, 8 North Dongsanhuan Road, Chaoyang District, 100004 Beijing, P.R. China (in the following referred to as “Operator”) with regard to the access to and the use of its online portal hosted at www.de-jobmarket.com (hereinafter, referred to as “Job Market”).
2. Service Description
2.1. The Operator provides the Applicant with access to the Job Market free of charge. The Applicant can inform him-/herself about job offers and advertisements and also present him-/herself with his/her resume to the employers registered or to be registered at the Job Market (in this Terms and Conditions referred to as “Employers”) who have access to all resumes in the database (in the following referred to as “Resume-Database”). The resume will be presented on the Job Market website to all registered and to be registered Employers for 60 days upon its submission.
2.2. In order to upload his/her Resume into the Resume-Database, the Applicant has to create an account first, (hereinafter, referred to as “Applicant’s Account”) by entering his/her email address, password and other personal information. The particular requirements of the requested information may be changed from time to time by the Operator. The personal information will be published, and the Applicant herewith agrees upon the publication. The submitted resume will be briefly reviewed by the Operator’ staff and will be published online within two (2) working days. The review by the Operator does not include the assumption of the liability regarding the content of the resume. The Applicant is permitted to create only one (1) Applicant’s Account.
2.3. The Applicant can request the deletion or deactivation of its Applicant’s Account, whenever he/she likes to do so. A deletion of the Applicant’s Account will be executed by the Operator after a corresponding email by the Applicant to the following email address: email@example.com and by using the following subject line: [Delete Applicant Account]. The editing of his/her personal information or of any other information disclosed by the Applicant to the Job Market has to be conducted by him-/herself via his/her Applicant’s Account. Upon deletion of the Applicant’s Account no safety backup will be provided.
3. Confidentiality on Login Data and Communications
3.1. The Applicant is obliged to maintain confidentiality on the login data for his/her Applicant’s Account. Only he/she shall have knowledge of this data. Therefore it shall not be transmitted to any third party.
The Applicant shall be responsible for keeping the password confidential and he/she will be held responsible for any usage of his/her user account and/or user name, regardless if authorized or not.
The Applicant agrees to immediately notify the Operator of any unauthorized use of Applicant’s Account, user name or password.
3.2. Furthermore, the Applicant is obliged to maintain confidentiality on the communications sent through the Job Market by the respective Employers, unless the respective Employer has beforehand declared it as not confidential. He/She may store and use the communication only for the purpose of considering an employment offer and only for him-/herself, unless otherwise permitted by the respective Employer.
4. Job Market Newsletter
The Applicant has the possibility to subscribe to the weekly electronic newsletter provided by the Operator free of charge (in the following referred to as “DE Job Market Newsletter”), via filling in the online subscription form at https://seu2.cleverreach.com/f/168837-166004/. He/She can cancel the subscription at any time by entering the subscribed email address at https://seu2.cleverreach.com/f/168837-166004/wwu/.
5. Data Storage
5.1. The Operator will store the Applicant’s data, which has been transmitted by the Applicant in the course of fulfilling the Operator’s contractual main obligations as stated under Clause 3 for at least six (6) months on the designated servers. The Operator hereby reserves the right to delete any content provided by the Applicant after his/her prior notification via email.
5.2. The Applicant is obliged to create his/her own security copy of its data entered into the Job Market.
The Operator may analyze and process the Applicant’s data for the purpose of improving and developing its services provided through the website or otherwise.
If the Applicant has transferred personal data, this will be handled in accordance with the Operator’s Privacy Statement which can be find on the webpage under the following link. The Privacy Statement is an integral part of the Terms and Conditions at hand.
6. Accessibility of the Job Market
In the light of the fact that the services rendered by the Operator to the Applicant are free of charge, the Operator does not grant the Applicant a permanent accessibility of the Job Market. The Applicant shall have no claim for demanding an uninterrupted usage of the Job Market, as far as the “free of charge”-service is affected.
7. Passivity of the Operator regarding Employment Contracts and Job Market Content
7.1. The Operator offers only a platform for the placement and distribution of job advertisements, company profiles, candidates’ resume and banner advertisements. The Job Market is neither bound economically nor legally or is related in any other way to any work contract or employment contract concluded between the Employer and an Applicant.
7.2. The Operator is not obligated towards the Applicant to review for its truthfulness and accurateness the Employer profiles, job advertisements, banner advertisements, and other content entered into the Job Market by the Employer or any other information that has been declared as third party content. The Operator assumes no liability for such contents.
8. Inappropriate Contents, Exemption from Liability
8.1. It is prohibited to upload or to put on in any other way any inappropriate contents onto the Job Market; this applies in particular, but not exclusively, to:
- Legally protected contents (brands, trademarks, title, business symbols etc.) as far as the Applicant is not authorized to do so,
- Discriminating contents and other offensive remarks,
- Private or other confidential information about a third party without this third party`s permission,
- Contents protected by intellectual property right laws (photographs, graphics, pictures, music in tone and/or note picture, text etc.) as far as the Applicant is not authorized to do so,
- Contents that violate the legal protection for children and young person’s
8.2. The Applicant indemnifies the operator from any liability and damages which result from the publication of his/her contents on the Job Market. A damage may also include any required costs and expenses for his/her necessary legal defense and/or prosecution. Nevertheless, the operator is entitled to and will remove any content from the Job Market that is illegal, offensive of otherwise inappropriate for publication or may be considered critical against the government of the PRC or PRC citizens; he may submit the case to the relevant authorities, if appropriate.
9. Applicable Law / Dispute Resolution
9.1. The formation, validity interpretation, performance and dispute resolution in respect of the Contractual Relationship between the Applicant and the Operator shall be all governed by the laws of the People’s Republic of China.
9.2. All disputes arising out of or in connection with the Contractual Relationship between the Applicant and the Operator including any question regarding its existence or validity shall be submitted to Beijing Arbitration Commission (BAC) for arbitration in accordance with its rules of arbitration in effect at the time of applying for arbitration. The place of arbitration shall be Beijing. Both Parties agree upon the fact that the dispute has to be settled by using the English language. The arbitral award shall be final and binding upon both Parties.
10. Severability Clause
These Terms and Conditions shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of the remaining Terms and Conditions in general or of any single term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, a new provision shall be added as an integral part of these Terms and Conditions, which is to the largest extent similar in terms of such invalid or unenforceable provision.