<strong>1. Scope of Application</strong>
The following Terms and Conditions shall apply between the employer advertising on www.jobsrmine.com (portal) (hereinafter referred to as “Employer”) and jobsRmine®, 40 Central Avenue, Sale M33 4JA, United Kingdom (hereinafter referred to as “Portal Operator”).
<strong>2. Services Rendered / Employer-Account / Employer-Profile / Job Advertisements / CV Database</strong>
2.1. The Portal Operator makes a portal available to the Employer, through which the Employer can hire individuals over the Internet using job advertisements. Employers are also able to present themselves through an Employer-Profile. The posted job advertisement becomes part of the electronic newsletter (Jobletter), which is published weekly and which is free of charge to newsletter subscribers.
2.2. In order to utilize the portal, the Employer must first register for an Employer-Account by providing essential contact data. This data is not published. Each Employer (including legal and/or natural persons) may design only one Employer-Account. Natural or legal persons who publish an Employer-Profile and job advertisements on behalf of an Employer are legally equivalent to said Employer.
2.3. Posting job advertisements requires the creation of an Employer-Profile associated with an Employer-Account. The Employer-Profile is published on the portal and is linked to job advertisements published by the Employer. The Employer can choose between a free "basic" Employer-Profile or the "standard" and "top employer" profiles, available for a fee. The included services and costs shall be indicated to the Employer before the Employer-Account order is completed.
2.4. The Employer may use its Employer-Account to edit its Employer-Profile and job advertisements at any time, as well as to deactivate its job advertisements. The Portal Operator can deactivate or cancel the Employer-Profile after receiving an e-mail to this effect from the Employer.
<strong>3. Login and Applicant Data Confidentiality</strong>
3.1. The Employer is hereby obligated to keep the login data for its employer account a secret. Only the Employer shall have access to this data. It may not be transmitted to a third party. All individuals not registered as the user for the employer account are to be regarded as third parties.
3.2. The Employer is hereby obligated to treat applicant data received through the portal as confidential. The Employer may store and use this data only for the purpose of reviewing employment requirements for an open position.
<strong>4. Conclusion of Contract</strong>
4.1. Contracts for the publication of an Employer-Profile and job advertisements are concluded via the Employer-Account. The Employer enters into a contract with the Portal Operator for the storage and publication of the desired employer profile. The Portal Operator shall accept the offer within one weekday by sending a confirmation e-mail to the Employer. Following this email, the employer profile shall be published on the portal. An obligation to enter into a contract shall not exist.
4.2. Posting a job advertisement requires Employers to establish an Employer-Profile. When the Employer presses the buttons "Publish” the Employer is purchasing a binding job advertisement that is both stored in the employer account and published on the portal. The Employer indicates non-binding interest in this service level by choosing this employer account, utilizing the e-mail model created by the selection, and sending it to the Portal Operator.
<strong>5. Storage Duty / Duty to Retain Information</strong>
5.1. The Portal Operator is hereby obligated to store the published job advertisements for the Employer for the purpose of general availability on designated servers. This Storage Duty shall persist until the end of the contract.
5.2. The Employer is hereby obligated to create its own backup copy of its job advertisements.
<strong>6. Portal Availability</strong>
6.1. The Portal Operator may carry out general and reasonable maintenance of the portal. If possible, maintenance work shall be carried out outside of primary access times, and shall be announced to the employer through e-mail notification promptly upon awareness.
6.2. The Portal Operator hereby guarantees no availability of the portal in the case of a force majeure. Force majeure includes circumstances that lie outside of the sphere of influence of the Portal Operator. For example, these may include interference into the communication networks of third parties, power losses and hacking attacks that the portal operator has no reasonable and appropriate measures to counteract.
<strong>7. Portal Operator Liability Regarding Employment Contracts and Job Advertisements</strong>
7.1. The Portal Operator only offers a platform for the publication and/or distribution of profiles and advertisements. The portal is neither economically nor legally bound to any work contract or other employment contract concluded between an Employer and employee.
7.2. The Portal Operator shall not be obligated towards the Employer to review job advertisements, employer profiles, or applicant page content with regards to salaries or legal admissibility. The Portal Operator shall exert no influence over said contents.
<strong>8. Portal Operator Limitation of Liability</strong>
8.1. In the case of malice and severe carelessness or in the case of harm to life, body or health, the Portal Operator shall be liable according to statutory regulations.
8.2. Otherwise, the Portal Operator shall only be liable for the violation of essential contractual duties (cardinal duties) as well as in the event of default. The liability of the Portal Operator shall, in these cases, be limited to the typical foreseeable average damage for the contract.
8.3. This exclusion and limitation of the liability shall also be in effect for the Portal Operator in case of culpability of any assistants or representatives in fulfilment.
8.4. The legal distribution of the burden of proof shall not be affected by this contract.
<strong>9. Inadmissible Contents / Exemption from Liability</strong>
9.1. The Employer may, in particular, not distribute the following contents through the portal:
Legally protected content (brands, trademarks, titles, business symbols etc.) insofar as this is unauthorized;
Discriminating content and other disparaging remarks;
Private information about a third party without its permission;
Copyright and/or intellectual property right- protected content (photos, graphics, pictures, musical lyrics and/or audio files, text etc.) insofar as this is unauthorized;
Content in violation of child and youth protection regulations.
9.2. The Employer hereby releases the Portal Operator from any liability and damages resulting from the publication of its content over the portal. This damage also includes required costs for legal defence and/or prosecution.
<strong>10. Applicable Law / Jurisdiction</strong>
10.1. For the contract concluded between the Employer and the Portal Operator and any legal disputes that arise from it, the law of the :courtname shall apply.
Morgan Hill, California