Revised: October 1^st, 2018

1. SCOPE OF APPLICATION

JobAcademy.ch (hereinafter “JobAcademy”) offers various solutions for job searching and career planning. These General Terms and Conditions (hereinafter “GTC”) apply to all products and services offered to employers, recruitment agencies and other business customers of Job Academy (hereinafter also referred to as “Advertisers” or “you”). Thank you for choosing us.

2. USING OUR PRODUCTS AND SERVICES

2.1 REGISTRATION OF A JOBACADEMY-ACCOUNT

In order to be able to use our products and services, you must open an account on one of our Platforms (hereinafter the “Job Academy Account”). For this we require business details (esp. business name, address and where appropriate invoicing address, telephone number, branch, number of employees) and details of a contact person (esp. name, email address and telephone number). On confirmation of registration, first product purchase or first use of a service we will create an account using your details. On finishing registration, we will send you a confirmatory email with your customer number, user name and password.
We shall be pleased to open an account for you if you ask us to do so by telephone using one of the telephone numbers given on our Platforms.

2.2 CHARGEABLE PRODUCTS AND SERVICES

The “Services” collectively include the “Website” (meaning www.jobacademy.ch and including all webpages, subdomains, and any successor or affiliated websites), emails, and other communications, user accounts, job application services, Coach Connect Services, Job Academy Discussions, Content, any other products or services offered on the Website, and any other services that state they are governed by these Terms. “Content” means any and all text, articles, images, videos, graphics, software, music, audio, information, or other materials appearing on the Website, including, without limitation, information about employers, career resources, advice, and questions, answers, or other content located on Job Academy Discussions, whether created or posted by you, The Job Academy, or any other user.

Modifications.

We may update or modify these Terms from time to time. We will give you notice of the changes by posting an updated version of these Terms online, updating the “Revised” date above, or by emailing you at an email address you have provided. Changes to these Terms will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. Your continued use of the Services will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Services.

We may modify, add to, suspend, or discontinue the Services or certain features of the Services, or remove any Content at any time for any reason, without prior notice to you. Unless expressly stated otherwise, any new feature that augments, enhances, or otherwise modifies the Services is subject to these Terms.

Accounts.

While you are not required to provide your personal information to us, unless you create an account with us (a “Job Academy Account”) and give us certain personal information, we may not be able to provide you with access to, or use of, some of the Services (such as applying to jobs, saving favorites, participating in Job Academy Discussions, or purchasing and/or booking Coach Connect Services). If you choose not to create or continue to maintain a Job Academy Account, you may still access certain features as a visitor to our Website. Your access and use of the Services, whether as a visitor or as a Job Academy Account holder, is subject to these Terms.

Your Job Academy Account is for your personal, non-commercial use only and you must provide complete and accurate information when creating a Job Academy Account. You are responsible for maintaining the confidentiality and security of your account information, including any usernames or passwords, and are solely responsible for the activity that occurs on your Job Academy Account. You may not create an account for someone else or allow someone else to use your Job Academy Account. You agree to notify us immediately of any actual or suspected unauthorized access to or use of your username or password or any breach of security related to your Job Academy Account. If your Job Academy Account has been canceled by us, or you have been removed or otherwise blocked from the Website due to a violation of our Code of Conduct or for any other reason, you may not continue to use the Services.

You may cancel your Job Academy Account at any time by sending an email to customer care. If your Job Academy Account is cancelled, we have no obligation to maintain, delete or return to you any Content or personal information data you have posted through your use of the Services unless you specifically request such deletion in accordance with our Privacy Policy and have a legitimate right to such deletion under applicable law.

Job Applications.

The Job Academy allows professionals to get an inside look at great employers, browse open positions, and apply to jobs. Some job postings on our Website allow users who are logged into their Job Academy Accounts to complete and submit job applications directly through our Website. Other job postings on our Website will re-direct you to the applicable employer’s career page, where you will be able to submit an application without creating a Job Academy Account. Additionally, we may, but are not obligated to, provide you with the option within your Job Academy Account to save information for applying to jobs, such as a favorites list of employers, job openings to apply to later, and uploading a resume, cover letter, or other professional information. The collection of any such information is governed by our Privacy Policy.

Paid Services.

The Services include a variety of products and services that are free to use (“Free Services”), as well as certain products and services that require payment (“Paid Services”). We reserve the right to charge for Free Services or change the price for Paid Services, at any time. If you purchase any of our Paid Services, you agree to pay us any applicable fees and taxes. You also agree to any additional terms that we may notify you apply to the applicable Paid Services. You hereby authorize the collection of such amounts either directly by The Job Academy or indirectly via a third-party payment processor. Failure to pay these fees will result in the termination of the applicable Paid Service. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that third-party’s service and that third-party’s personal information collection practices.

Please note that The Job Academy is not liable for any bank fees, foreign exchange fees, or differences in prices based on location. The Job Academy or its third-party payment processor may store and continue billing your payment method (e.g., credit card), to charge you for other Paid Services you may buy.

Content; Licenses.

1. Your Content. We do not acquire ownership of the Content you post to the Website, but by posting any Content to the Website, you agree to grant us a universal, perpetual, sub-licensable, commercial, royalty-free, and irrevocable license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display, and distribute such Content, in all media and distribution methods now known or hereafter devised, and you represent to us that you have the right to grant such a license. You agree that this license includes the right for other users of the Services to modify your Content and for The Job Academy to make your Content available to others for the publication, distribution, syndication, or broadcast on other media and services. Such additional uses by The Job Academy or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit, or otherwise make available through the Services. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we are free to use such feedback, comments, or suggestions as we see fit and without any obligation to you. We reserve the right, but do not have any obligation to, remove or block any Content in our sole discretion, at any time, without notice to you and for any reason (including, without limitation, upon receipt of claims or allegations from third-parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all. If the Content you submit to the Services contains your personal information, your right to access that personal information is governed by our Privacy Policy.
2. The Job Academy Content. he Website and Services also contain Content posted by The Job Academy and our licensors (“Job Academy Content”). We and our licensors retain all right, title and interest in and to such Job Academy Content, including all associated intellectual property rights, including, without limitation, copyrights, trademarks, trade names, trade dress, logos, patents, know-how, trade secrets, instructions, and all other proprietary information. Subject to your compliance with these Terms, The Job Academy grants you a revocable, limited, non-exclusive, non-transferable license, to access and view any Job Academy Content solely for your personal and non-commercial purposes. You agree not to sublicense, copy, distribute, display, disseminate, reproduce, or otherwise exploit any Job Academy Content or Services without our prior written permission, regardless of whether it is created or owned by The Job Academy or a licensor to The Job Academy.
3. Trademarks. The trademarks, logos, trade names, and service marks, whether registered or unregistered (“Trademarks”) displayed on the Website are Trademarks of The Job Academy and its third-party licensors. Display or use of any Trademarks on the Website or in the Services shall not be construed as granting, by implication or otherwise, any license or right to use any Trademark without the prior written permission of The Job Academy or such third-party. You also agree not to use our trade dress, or copy the look and feel of the Website or its design, without our prior written consent.
4. Disclosure of Content. We reserve the right to access, read, preserve, and disclose any Content or information in accordance with our Privacy Policy.

Coach Connect Services.

Coach Connect is a Paid Service that can connect you with qualified career coaches (“Coach” or “Coaches”) who genuinely want to see you succeed in your career. You may purchase a variety of different Services offered by Coaches (“Coach Connect Services”), including, among others, resume review, career Q&A, and job search strategy, all of which are described on the Coach Connect page of our Website.

Coaches are independent career consultants who offer to perform consulting services for users of Coach Connect. They are not employees or agents of The Job Academy and we do not endorse or verify any Coaches or the Coach Connect Services provided by any Coach. The Coaches, and not The Job Academy, are solely responsible for honoring any Coach Connect Services purchased by you. If a Coach becomes unavailable to provide a purchased Coach Connect Service, you may be entitled to a refund. If you miss an appointment or fail to give at least 24 hours-notice of cancellation, the fees you paid for the Coach Connect Service may be forfeited. Please click here to see frequently asked questions about the Coach Connect Services including more information about cancellation policies or contact customer care. Except for the circumstances specified in these Terms, Coach Connect Services are non-refundable.

Coach Connect Services must be purchased in advance, and may be purchased individually or in packages. We will honor the price of a Coach Connect Service purchased by you for a period of 12 months from the date of purchase, even if we decide, in our sole discretion, to otherwise increase the price of such Coach Connect Service during that period. Purchased Coach Connect Services that are not used within 12 months from the date of purchase may be forfeited.

Payments made for Coach Connect Services via the Website are transferred to the applicable Coach’s payment account promptly following completion of the relevant Coach Connect Service, less any associated service fees charged by The Job Academy and any processing fees (e.g., credit card fees), if applicable.

For so long as The Job Academy offers Coach Connect Services, you hereby agree not to hire or otherwise engage any Coach to whom you are introduced via the Website other than directly through the Website. To the extent you breach the foregoing restriction, you and the applicable Coach shall be jointly and severally liable for any losses incurred by us as well as liquidated damages in the amount of CHF 150.- per breach, and The Job Academy will have no obligations or liability whatsoever in respect of any such engagements.

Links to Third-Party Sites.

The Website may direct you via hyperlinks or otherwise to third-party websites that are not owned or maintained by The Job Academy. We are not responsible for your use of such third-party websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any such link to a third-party website does not imply any association between us and their operators. Your use of any third-party websites is governed by the terms of such third-party websites and not by these Term

Code of Conduct.

The Job Academy allows you to use the Services and post Content for a variety of purposes. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Services, you may not and you agree that you will not:

• Violate any local, state, provincial, national, or other law or regulation, or any order of a court.
• Run any bots, spiders, scrapers, web crawlers, indexing agents, or other software to aggregate or browse our Content, including, without limitation, company or user accounts or profiles, or otherwise interfere with or circumvent the integrity of the Website or Services.
• Introduce any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the Website or Services or transmit any other computer programming routines that may damage, interfere with, or surreptitiously intercept any data, or personal information.
• Use the Services to transmit, distribute, post, or submit any confidential information concerning any other person or entity, including, without limitation, photographs of others without their permission, personal contact information or credit card, debit card, or bank account numbers.
• Stalk or harass, interfere with, or disrupt the access of any user of the Services, or collect or store any personally identifiable information about any other user without explicit consent from the user.
• Defame, defraud, mislead, or impersonate any person or entity, or otherwise misrepresent yourself or your affiliation with any person or entity.
• Post false information, including, without limitation, in respect of a job, company, or your own credentials as a job applicant.
• Infringe, violate, or otherwise interfere with any copyright, trademark, or other intellectual property rights of another party.
• Act in any manner which, in our sole discretion, is objectionable, interferes with the proper working of the Services, or which may affect our reputation in any way.

Disclaimers.

The disclaimers in this section apply to the maximum extent allowable under applicable law.

You are solely responsible for your use of the Services and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any other user or any Coach. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules, and regulations applicable to you. We make no representations concerning any Content contained in or accessed through the Services.

The Services are provided “as is” and without warranty of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, or non-infringement, all of which are expressly disclaimed. The Job Academy does not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the Services will function without errors; (c) any defects or errors will be corrected; (d) any Content or software available at or through the Services is free of viruses or other harmful components; or (e) the results of using or relying on any Content or Services or advice contained therein will meet your requirements or produce desired results. Your use of, or reliance on, the Services or any Content is solely at your own risk.

4. PAYMENT TERMS

The Advertiser‘s obligation to pay for chargeable services and products begins with the conclusion of the contract for the use of the product or service (e.g. purchase of an advert package). Job Academy invoices must be paid within 30 days after receipt of the invoice without deductions, save where alternative payment terms have been expressly agreed. In the event of default of payment interest on arrears at 5% will be invoiced and in addition from the second reminder a cost-covering reminder fee . If the Advertiser defaults payment of invoices Job Academy may also suspend the services without advance notice and block the Advertisers or their access to further Job Academy services. If staggered payment has been agreed and if the Advertiser defaults in payment of an instalment all remaining instalments shall fall due immediately.

5. USE OF DATA BY JOBACADEMY AND DATA PROTECTION

The protection of personal data is important to Job Academy. Therefore, Job Academy handles the personal data of Advertisers at all times with the greatest care and in accordance with the applicable data protection regulations. You can find further information concerning the use of personal data in Job Academy‘s privacy policy on the Platforms or the Apps.

The Advertisers grant Job Academy the unlimited right to use and dispose of the data passed to Job Academy in anonymized form.

7. INTELLECTUAL PROPERTY

All proprietary and intellectual property rights in the websites, Platforms and Apps of Job Academy, in particular copyrights and rights in trademarks, designs and know-how remain in the ownership of Job Academy.
Job Academy grants the Advertisers a non-exclusive, non-transferable right to use the Platform, Apps and products and services offered by Job Academy in accordance with these GTC.

8. NO GUARANTEES

Job Academy gives no guarantees in relation to its Platforms, Apps or other products and services offered by Job Academy. Job Academy does in particular not guarantee
– the timeliness, accuracy, completeness or suitability of content for a specific purpose;
– that the published job vacancies will be read or answered or lead to a successful job placement; and
– the uninterrupted or disruption-free availability of its services.
Job Academy carries out regular backups. Notwithstanding this data losses cannot be completely excluded.

9. MONEY BACK GARANTEE

Job Academy ensures money back garantee within the first fifteen (15) minutes of every coaching services. The client has to make clear his wish to cancel the session to the coach and desire of refund only by email at care.email@jobacademy.ch. Any request done after fifteen minutes will be rejected (email reception date VS coaching start date).

10. LIABILITY

Job Academy shall be liable only for damage caused intentionally or through gross negligence.

11. DURATION OF CONTRACT AND TERMINATION

With the execution of a collaboration agreement, with the registration of a Job Academy Account, or with the first use of a service offered by Job Academy by the Advertiser (whichever is earlier), a contract between Job Academy and the Advertiser comes into existence. This contract remains in force for an undefined term.
The Advertiser may terminate the contract with Job Academy at any time by letter to Job Academy or by email to info@jobacademy.ch and require Job Academy to delete the relevant Job Academy Account. In this event and without delay Job Academy shall delete the Job Academy Account and all data of the Advertiser to the extent that data is not needed to close the contractual relationship, to make or enforce claims and Job Academy does not have a legal obligation to retain the data. You may find further details on erasure in our privacy policy.

Job Academy may also terminate the contract with the Advertisers at any time without providing reasons by letter or email.
If the contract is terminated by the Advertiser or Job Academy during an ongoing chargeable provision of service, the contract shall end with the completed provision of the products or services used by the Advertiser via Job Academy and payment in full of the fee by the Advertiser to Job Academy. Notwithstanding this provision the Advertiser may require the early deletion of job vacancies, profiles or data; however, in this event the Advertiser must pay the full fee and shall have no right to reimbursement of fees already paid. The same shall apply to deletions or blockings undertaken by Job Academy in relation to these GTC or other contractual components. Job Academy has no obligation following termination of the contract to retain data and documents supplied to it or to return such to the Advertisers, save where retention or return have been expressly provided for or there exists a legal obligation to retain.

12. CHANGES TO THESE GTC

Job Academy shall inform the Advertisers in text form of changes to these terms and conditions at least six (6) weeks before their planned coming into effect. The Advertiser may object in text form to changes at the latest two (2) weeks before their planned coming into effect. If the Advertiser does not object or does not do so in due time in text form, then the agreement of the Advertiser to the change shall be deemed to have been given and the new provision shall come into effect in relation to the Advertisers’ claims at the planned date. If the Advertiser objects in time, then Job Academy has the option of continuing the contractual relationship affected by the change with the Advertiser subject to the old GTC or terminating it at the date of the coming into effect of the planned change. Job Academy shall advise the Advertiser in the notice of change specifically of Job Academy‘s right to terminate, the objection period applicable to the Advertiser and the consequences of an objection.

13. RELATIONSHIP WITH OTHER CONTRACTUAL ELEMENTS

Integral components of the contract are (to the extent they are available or applicable in the specific case) (i) the written cooperation agreement concluded between Job Academy and the Advertiser, (ii) the written offers specific to the Advertiser, (iii) the written order confirmation of Job Academy, (iv) these GTC, (v) product-related business terms and (vi) the product or service description applicable and published on the Job Academy Platform at the time of use of a product or service. In the event of ambiguities or contradictions between the individual contractual documents the aforesaid hierarchy of documents shall apply. Data protection shall apply to the current version of the privacy policy published on the respective Job Academy Platform.

14. APPLICABLE LAW AND JURISDICTION
Exclusively Swiss law shall apply to these GTC and to all disputes arising from or in connection with these GTC between Job Academy and the Advertisers. Exclusive place of jurisdiction is Geneva.