General terms and conditions of business for the use of the JANZZ.jobs internet platform

(Version 2.1, valid from 01 January 2016)

These General Terms and Conditions of Business for the use of JANZZ.jobs (“TCB”) govern the contractual relationship between the JANZZ Ltd, Nidelbadstrasse 6, CH-8038 Zurich (“OPERATOR”) and the participants registered on JANZZ.jobs (“PARTICIPANTS”). In case of any differences in interpretation between this English translation and the original German text, the original German text will prevail.

1. Introduction
   1. The OPERATOR operates an Internet platform (“JANZZ.jobs”) under various top-level domains (janzz.jobs, janzz.ch, janzz.net, among others) as well as sub-domains and aliases of these top-level domains, as a private-access communication forum on which USERS (see section 2.3 below) can place independent ADVERTISEMENTS (see section 4.1 below).
   2. The OPERATOR is the owner of a cantonal operating licence to provide private employment agency services for the Office for the Economy and Labour of the Canton of Zurich and an employment agency permit from the State Secretariat for the Economy in accordance with article 2 of the Swiss Federal Act on employment agency services and employee leasing (“AVG”).
   3. “JANZZ”, “JANZZ.jobs” and the JANZZ logo are registered national and international word and figurative trademarks of the OPERATOR.
   4. Where applicable, for purposes of linguistic simplification, the grammatical masculine gender is used neutrally in these TCB and the DSP (see section 7 below) to represent both masculine and feminine genders.
2. User categories and obligations of the PARTICIPANTS and other USERS
   1. Participation is open to private persons and business customers (individual proprietorships, legal entities and other organisations under private, or public law).
   2. As soon as the OPERATOR has confirmed the registration of the PARTICIPANT by sending a confirmation e-mail to the e-mail address provided, a contractual relationship will arise between the OPERATOR and the PARTICIPANT. This is subject to the TCB.
   3. Depending on the nature of the subscription, the PARTICIPANT may initiate a defined number of user accounts by means of which he may allow third parties of his choice (hereinafter referred together with the PARTICIPANT as “USERS”) access to JANZZ.jobs. User accounts are accessed independently by way of a unique login and are linked to the associated participant account. Access entitlements for a user account are at no time to be transferred to any third person or entity. The PARTICIPANT acts as administrator for all the user accounts allocated to his participant account. He is obliged to reveal to the OPERATOR at any time on request the identity of any persons with access to his user accounts. The control of the internal relations with and between his USERS is the PARTICIPANT’s responsibility. In the case of business customers, the individual USERS act in the name of the PARTICIPANT, and must therefore be legally entitled to represent the PARTICIPANT. The PARTICIPANT remains entirely responsible to the OPERATOR for the usage and content of any user accounts and for their compliancy with the TCB in any and all cases, and is fully accountable for the actions of any USERS. The PARTICIPANT shall also ensure that any and all USERS agree to the access, modification and or removal of any and all data entered by said USERS into JANZZ.jobs by the PARTICIPANT.
   4. Before being permitted access to JANZZ.jobs, every USER shall expressly acknowledge and accept the TCB and by doing so agree to adhere exclusively to the provisions as stipulated in the TCB. By accepting the TCB on registration, or upon initiation of a user account and acknowledging the possibility of viewing and printing out the TCB on JANZZ.jobs at any time, the USER declares that any agency contract which arises with the OPERATOR is deemed to have been concluded in writing as provided by article 8 section 1 of the AVG.
   5. It is a prerequisite of the use of JANZZ.jobs that the USER has registered and is logged in with a username and password to the relevant participant or user account. The USERS must ensure that their user names and passwords are protected from misuse by unauthorized persons.
   6. The PARTICIPANT is responsible for ensuring that the data given on registration and the content and information provided by himself or other USERS under the participant account and the associated user accounts are correct and not in breach of legal regulations, common decency or the TCB or are improper in any way, and that the publication thereof is not unacceptable to the OPERATOR for any other reason. Unacceptable are in particular (a) content or information in ADVERTISEMENTS which is not suitable for JANZZ.jobs’s intended use and/or whose sole or main purpose is to be recognized by web crawlers or Internet search machines, such as, in particular, the entry of URLs and e-mail addresses in fields which are publicly accessible on JANZZ.jobs (in the so-called JANZZ FINDER), (b) failure to enter any content or information in fields which are shown in the JANZZ FINDER or (c) disclosure of the names of persons and/or firms in fields which are shown in the JANZZ FINDER.
   7. The OPERATOR is entitled not to publish content or information which does not comply with the requirements of section 2.6 above, or to remove it from JANZZ.jobs and delete it, without the need to give reasons. This shall not give rise to the entitlement of the USER to any kind of claim for a refund.
3. Instructions to consumers on their cancellation rights
   1. Consumers
      If the PARTICIPANT registers to use JANZZ.jobs for a purpose which is not connected with his exercise of a trade or a profession, he will be considered a consumer to whom the provisions pursuant to section 3.2 to section 3.4 below apply.
   2. Right of cancellation
      If the PARTICIPANT is a consumer pursuant to section 3.1 above, he may cancel the contract or registration without stating any reasons for doing so by giving notice in writing (e.g. letter, fax or e-mail) within 14 days. The time limit begins when the PARTICIPANT receives these instructions, however not before a contract is concluded pursuant to section 2.2 above. In order to comply with the time limit for cancellation, the PARTICIPANT must send his cancellation notice during the 14-day time limit.
      
      The cancellation notice should be sent to: 
      
      JANZZ Ltd, Nidelbadstrasse 6, CH-8038 Zurich
      Fax: +41 44 487 40 88
      E-mail address: widerruf@janzz.jobs
      
      The cancellation notice may also be conveyed to the OPERATOR using the contact form on JANZZ.jobs.
      
   3. Consequences of cancellation
      In the event of a valid cancellation, both parties have to return what they have already received as well as any derived benefit (e.g. interest). If the PARTICIPANT is unable to return what he has received, in whole or in part, or is not able to return same in its original condition, the PARTICIPANT will be obliged to compensate the OPERATOR for the value of same.
   4. Special instructions
      The right of cancellation will terminate early, before the PARTICIPANT has exercised it, if at the express wish of the PARTICIPANT the contract between the PARTICIPANT and the OPERATOR has been performed in full by both parties.
4. Range of services
   1. Subject to availability as provided by section 8 below, JANZZ.jobs shall allow access to adverts for and enquiries about specific skills, experience and expertise released by USERS for publication on JANZZ.jobs (“ADVERTISEMENTS”).
   2. On registration, the PARTICIPANT shall determine, by selecting the relevant options in the account, the user category and the scope of the services desired. The various user categories are shown in a way that is visible to all USERS and the USER agrees to the disclosure of the user categories. The PARTICIPANT may not select a user category that does not apply to him (e.g. select a private customer account for business use).
   3. The OPERATOR’s offer is limited to a platform that brings the USER together with other USERS and provides technical applications to enable general contact to be made.
   4. The OPERATOR provides his services within the scope of the operational resources available and shall take all commercially reasonable, technically feasible and proportionate measures to secure their own data and services as well as the data processed by USERS on JANZZ.
   5. Subject to compliance with the DSP (see section 7 below), the OPERATOR may delegate the provision of its services to third parties.
   6. The OPERATOR reserves the right to modify the design and or range of services offered on JANZZ, provided that said changes are not of material disadvantage to the PARTICIPANT as considered on a case by case basis.
5. Publication and deactivation of ADVERTISEMENTS
   1. Advertisements published on JANZZ.jobs can be called up and viewed by other USERS and by third parties within the scope of the functionalities of JANZZ.jobs and according to the DSP (see section 7 below).
   2. Using a proprietary procedure, the ADVERTISEMENTS of USERS are compared with the ADVERTISEMENTS of other USERS, and the relevant USERS are shown a specific similarity (known as matches) on JANZZ.jobs.
   3. Insofar as any contracts are concluded or prepared for conclusion, with the help of JANZZ.jobs, the OPERATOR shall have no involvement either as party to the contract or as representative or agent for either of the parties; accordingly, the OPERATOR shall not charge fees or commission for the conclusion of any contract (without prejudice to the SUBSCRIPTION FEE in accordance with section 6 below). The USER is solely responsible for the processing and fulfilment of any contracts concluded with other USERS or third parties.
   4. ADVERTISEMENTS have a specified term. On expiry of the term, the ADVERTISEMENT must be deactivated by the USER, or the advertisement will be deactivated by the OPERATOR. Deactivation means that the advertisement will no longer be included in comparisons as provided by section 5.2 above.
6. Subscription fee
   1. The PARTICIPANT shall pay the OPERATOR a participation fee (“SUBSCRIPTION FEE”) based on the type of subscription for the provision of the range of services used during each subscription period. For private accounts the SUBSCRIPTION FEE is a fixed sum, which also includes all taxes and duties due. In the case of business accounts, any taxes and duties due under the relevant applicable regulations shall be collected in addition to the SUBSCRIPTION FEE.
   2. Persons up to and including the age of 25 are not subject to the SUBSCRIPTION FEE.
   3. The information the PARTICIPANT provides to the OPERATOR about the factors influencing the type of subscription (e.g. the number of company employees in the case of corporate accounts, the date of birth of the PARTICIPANT where he uses a private account pursuant to section 6.2 above) must be accurate at the time he first registers and each time he extends his registration. The OPERATOR will determine the SUBSCRIPTION FEE on the basis of this information or, as the case may be, the choice of subscription type.
   4. The OPERATOR reserves the right to alter the SUBSCRIPTION FEE at any time with effect to the subsequent subscription periods. Section 14.2 below correspondingly applies to the notification of PARTICIPANTS in regards to any SUBSCRIPTION FEE changes.
7. Data protection and data security
   1. Insofar as not expressly provided otherwise by the TCB, the use of JANZZ.jobs by the USERS is covered by the data protection and data security provisions for the use of the JANZZ.jobs Internet platform (“DSP”) , which are published and kept current on JANZZ.jobs and may be viewed at any time.
   2. By accepting the TCB, a USER expressly declares as provided by article 6 (2) (b) of the Swiss Federal data protection act that they agree to data being disclosed abroad in accordance with the normal usage of JANZZ.jobs, regardless of the presence, or lack thereof, of relevant legislation in a particular country ensuring reasonable protection.
   3. The DSP, latest version, form an integral part of the TCB, and the provisions of section 14.2 below correspondingly apply to any change to the DSP.
8. Availability
   1. The USERS acknowledge that 100% availability of JANZZ.jobs is technically impossible. In particular, maintenance work, security improvement measures, capacity problems or events outside the control of the OPERATOR (e.g. faults on public communications networks, power cuts, etc.), may lead to faults with or temporary unavailability of JANZZ.jobs.
   2. Any liability of the OPERATOR for faults with and/or interruptions to the service, on any legal grounds whatsoever, are excluded insofar as is legally permissible. Similarly, no claims may be made for proportional reimbursement of SUBSCRIPTION FEES paid.
9. Monitoring and notification of breaches
   1. The OPERATOR does not accept responsibility for the content and information provided on JANZZ.jobs by the USERS, or for content on linked external websites and does not carry out active or systematic checks or monitoring with regard to content or information provided.
   2. Every USER is entitled to notify the OPERATOR of any breaches by other USERS of the TCB, the DSP and/or legal provisions. This notification must be supported by tangible substantiation.
   3. The OPERATOR is entitled to draw the attention of the authorities or third parties to any material breach.
10. Copyrights, trademark rights and other intellectual property rights
    1. All rights to the information, elements and content of JANZZ.jobs (with the exception of the information, elements and contents detailed under section 9.3 below), including the trademarks, licences and other intellectual property contained therein, are the property of the OPERATOR, or user rights have been granted to the OPERATOR by third parties.
    2. Without the prior express written consent of the OPERATOR, the reproduction, transfer, modification and/or linking of information, elements and content of JANZZ.jobs for public and/or commercial purposes, in any form, is expressly prohibited.
    3. By providing data and/or information on JANZZ.jobs, in particular in the form of ADVERTISMENTS, the USER grants the OPERATOR the right to process and use these in all forms permitted by the DSP. JANZZ.jobs shall not acquire any other rights beyond these. Moreover, the OPERATOR is entitled to deactivate ADVERTISEMENTS in accordance with section 5.4 above.
11. Third-party rights
    1. The PARTICIPANT gives assurance that all the information, content and data (including text, image, audio and video files) provided to the OPERATOR by him and the USERS and placed on JANZZ.jobs are free from any third-party rights which wholly or partially prevent the contractual use of this information by the OPERATOR. The PARTICIPANT furthermore gives assurance that he and the USERS are entitled to use the information, in particular to place it on JANZZ.jobs. This information is used exclusively at the risk of the PARTICIPANT.
    2. The PARTICIPANT indemnifies the OPERATOR against all claims from third parties resulting from a breach of third-party rights by the information, and also accepts full liability for the behaviour of its USERS. The PARTICIPANT is to bear all necessary and advantageous expenses, as well as any reasonable costs of defence in, or out of court in respect of such claims (including solicitors’ fees), unless neither the PARTICIPANT nor the USER is responsible for the breach of third-party rights. In its defence against such claims, the OPERATOR shall act according to the instructions of the PARTICIPANTS, insofar as these instructions are reasonable and the PARTICIPANT has declared to the OPERATOR in writing his willingness to accept the costs.
    3. If third-party rights are breached by information provided by the USER, the PARTICIPANT shall, at his own expense, either acquire the right for the OPERATOR to use the information or reorganize the information so that third-party rights are not infringed, as the OPERATOR chooses.
    4. The PARTICIPANT is responsible for ensuring that the hyperlinks provided by the USERS, or other instructions, do not refer to third-party content which is in breach of applicable law, common decency or these TCB.
12. Warranty and liability
    1. The OPERATOR does not offer any warranty and is not liable for the consequences of any contact between the USER and other USERS or third parties. The OPERATOR is not involved in the content of communications between the USER and third parties.
    2. The liability of the OPERATOR and its corporate officers, representatives or agents for direct or indirect losses or damages, in particular unauthorized actions and the breach of contractual obligations is excluded insofar as this is legally permissible.
13. Term and termination of the contractual relationship
    1. The contractual relationship between the OPERATOR and the PARTICIPANT begins on confirmation of registration in accordance with section 2.2 above and ends –without prejudice to early termination as provided by section 13.2, 13.3 and 13.4 below – on expiry of the subscription period. Sections 9 to 12 above and section 15 and 16 below shall remain in force after termination of the contractual relationship.
    2. The PARTICIPANT is entitled to end the contractual relationship prematurely at any time, unconditionally and without the need to comply with a notice period, by cancelling the participant account. The cancellation of a participant account will automatically result in the cancellation of all associated user accounts.
    3. The contractual relationship will automatically terminate before term, with immediate effect, if the PARTICIPANT does not accept any changes to the TCB notified by the OPERATOR in accordance with section 14.2 below. If a USER without PARTICIPANT status does not accept a change to the TCB, that user’s login will be deactivated and the PARTICIPANT notified accordingly.
    4. The OPERATOR is entitled to terminate the contractual relationship for compelling reasons, at any time, without compliance with a notice period. Compelling reasons exist if a continuation of the contractual relationship would be unreasonable for the OPERATOR on consideration of the actual circumstances.
    5. If the contractual relationship is terminated before term as provided by section 13.2, 13.3 and 13.4 above, the PARTICIPANT shall not be able to claim reimbursement of any SUBSCRIPTION FEES already paid.
14. Changes to the TCB
    1. The OPERATOR reserves the right to change the TCB at any time. The most current version of the TCB will be published on JANZZ.jobs.
    2. Changes to the TCB will be notified to the USERS by e-mail or by a system notification on JANZZ.jobs, together with a request either to accept the changed TCB with effect on future practice, or to decline them. Declining them has the consequences described in section 13.3 above.
    3. If the PARTICIPANT is a consumer within the meaning of section 3.1 above, the OPERATOR will inform him in the notification pursuant to section 14.2 above of his right of cancellation pursuant to section 3 above and the significance of the time limit for an objection.
    4. Section 6.4 above applies with regard to changes to the SUBSCRIPTION FEE.
15. Applicable law
    1. The contractual relationship between the OPERATOR and the PARTICIPANT is governed exclusively by the material Swiss law, excluding international treaties, in particular the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980).
16. Legal venue
    1. All disputes and claims arising from, or in connection with, the contractual relationship between the OPERATOR and the PARTICIPANT, including its validity, breach or termination, shall be decided by the ordinary courts.
    2. Unless there is an overriding compulsory legal venue, the Commercial Court of the Canton of Zurich, Switzerland shall be the exclusive legal venue. In particular, for any complaints based on the AVG, the following legally compulsory venue applies: for complaints by a person seeking employment, the competent court is that for the location of the OPERATOR, and for complaints by the OPERATOR against a person seeking employment, the competent court is that for the place of residence of the person seeking employment.
    3. The legal venue as provided by section 16.2 above also applies to any disputes between the OPERATOR and any USERS.