Terms and conditions
AGREEMENT - TERMS AND CONDITIONS OF USE
1. Introduction Please read carefully these terms and conditions regarding access and use of the Website and Services (as defined below). If you do not agree to these terms and conditions or you do not meet the specifications required, you are not allowed to use the Website.
If you are a Candidate (as defined below), the terms and conditions or exhibits directed at employers do not apply to you.
If you are an employer and you use this Website, then you may also have entered into a Service Agreement with Kariera, in which case these terms and conditions, including the exhibits attached hereto, with the exception of the terms addressed to and applicable only to Candidates, form a part of and are incorporated into the Services Agreement.
2. Binding Agreement These terms and conditions including the exhibits (as may be amended from time to time by Kariera) constitute a binding agreement between you and Kariera (the "Agreement").
3. (B) Services offered to Candidates All Candidates are able to search for jobs and browse the Website even if they are not Registered Candidates or if they are not logged in to their account on the Website.
However, only Registered Candidates may apply to the jobs posted on the Website. Each Registered Candidate: (a) will receive automated emails with job vacancies, based on the content of their resume, job searches and application history on the Website, (b) may save their CV in their account, edit or update it and apply for jobs posted on the Website, without having to create or re-save their CV each time they apply for a job, and (c) if they activate the option 'Visible to Employers', they will make their CV visible to Employers that use the Website's CV database and to Kariera’s recruiters when searching for staff on behalf of a client, ensuring the greatest possible visibility of their CV.
4. Acceptable Use of the Website
4.1. General Use Rules The Website is addressed to Candidates and Employers looking for Candidates. You may use this Website only for lawful purposes, within the intended and acceptable use defined by Kariera.
4.2. License to use by Candidates Kariera hereby grants you a limited, non-exclusive right to access and use the Website, only for your personal use, seeking employment opportunities for yourself. Pursuant to this license, you may open and save a single copy of the materials on the Website solely for your personal, non-commercial use and you may not sell, transfer or make available such materials to any third party. You agree that you are solely responsible for the content of any Document you post on the Website and for any consequences that may arise from posting the Document.
4.3 License to use by Employers Kariera hereby grants you a limited, non-exclusive right to access and use the Website, only for business use, seeking candidates for employment. Pursuant to this license, you may open and store a single copy of the materials on the Website solely for your personal use directly related to searching for and recruiting Candidates and you may not sell, transfer or make available such materials to any third party without the express written consent of Kariera or the Candidate. If you have a license to use the Resume Database of Kariera, then the terms and conditions of use of the Resume Database, which are described in the corresponding agreement you have entered into with Kariera, also apply. You agree that you are solely responsible for the content of any Document you post on the Website and for any consequences that may arise from posting the Document.
4.4 Rules for posting information on the Website and Security You agree to comply with Kariera’s Rules regarding posting of information on the Website and security, described in Exhibit A below.
5. Copyright Except for any User generated Documents, the Website and all copyrights on the Website are the exclusive property of Kariera or its licensors. Subject to the limited license expressly granted to you in accordance with these terms, Kariera reserves to itself and its other licensees all other rights.
6. Disclaimer and Limitations on Kariera’s Liability
6.1 Allocation of Liability Kariera provides the Website as a portal where Candidates can search for employment and identify potential Employers and Employers can identify Candidates. In offering this Service, Kariera does not control or monitor the background, conduct, suitability, creditworthiness or reliability of Users and does not review or control the content of Documents posted by Users on the Website. It is the responsibility of each User to take appropriate steps, as any prudent person would normally do, when deciding to act in relation to any Document posted by another User, disclose information to another User, give or attend an interview, offer a job or accept a job offer.
If Kariera is informed by a User that a Document or action allegedly does not conform to the terms of this Agreement, Kariera may investigate the allegation and determine in good faith and in its sole discretion whether to take action against the User or in relation to the Document posted on the Website.
6.2 No endorsements by Kariera Nothing on the Website shall be deemed to be an endorsement, representation or warranty to any User or any other third party, whether in relation to the Website or its products, Services, employment, working history or recruitment methods, etc.
6.3 No guarantee of results Kariera is not an employment agency. Kariera does not guarantee that the use of the Website and/or the Services will result in Candidates being hired or positions being filled. Kariera is not responsible for the decisions of any User, nor for the reason or the manner in which relevant decisions are made in the context of job search or recruitment by the User.
6.4 Availability of Services Kariera will make every effort to ensure that the Website is available and fully functional on an ongoing basis. Despite all these efforts, there may be times when the Website or certain parts of it will be unavailable due to a breakdown in scheduled maintenance of the information system (IT) or the information system of third parties that we may rely on to make the Website available and functional. Accordingly, Kariera is not responsible for any loss or damage that may occur to any User under these circumstances.
6.5 Security Kariera makes every effort to ensure that the Website is free from viruses and that no third party can have unauthorized access to personal information of Users and use the Documents. Because there is no fool proof security system, Kariera cannot guarantee that its efforts will be completely successful every time. Accordingly, Kariera is not responsible for any loss or damage that may be caused to any User as a result of Kariera's unsuccessful efforts.
6.6. No additional warranty Except for the warranties expressly stated in these terms and conditions, the Website is provided on an "as is" basis without additional warranties of any kind to Users.
6.7. Claims related to this Agreement To the extent permitted by applicable law, Article 6.9 hereof limits Kariera's financial liability (including any liability for the acts and omissions of its employees, agents and subcontractors) in respect of: (a) Any breach of this Agreement. (b) Any representation, statement, act or omission, including negligence, arising out of or relating to the Agreement.
6.8 Exception to Limitation of Claims Nothing in these terms and conditions shall limit Kariera's liability: (a) For personal injury or death caused by its fault. (b) For any matter which it would be unlawful for Kariera to exclude or seek to exclude its liability under applicable law. (c) For fraud and fraudulent misrepresentation.
6.9 Limitation of Claims Subject to Article 6.8: (a) Kariera shall not be liable to the User or any third party for any lost profits, any loss of business or opportunity, or any punitive, exemplary, indirect or consequential damages, howsoever caused. (b) The User's sole and exclusive remedy for any loss, claim or damage suffered in connection with the Services provided shall be strictly limited to the total amount paid by the User in accordance with this Agreement or the Service Agreement (if any).
7. Termination and Suspension If you are an Employer, you may terminate this Agreement in accordance with the provisions of Article 8 below.
If you are a Candidate, then you may terminate this Agreement at any time by written notice to Kariera, and Kariera may terminate the Agreement at any time by written notice to you.
Kariera may suspend a User's access to the Website whenever it reasonably deems it necessary to protect its interests or the interests of another User. Kariera is not required to notify you before suspending access, and the suspension may remain in effect for as long as Kariera reasonably deems necessary to protect its interests or the interests of any other User or as required by applicable law or by order of a competent authority.
8. Payment for Services following Termination of a Service Agreement by an Employer Unless otherwise specified in the Service Agreement, if during the term of this Agreement you terminate the Service Agreement, which incorporates these terms and conditions, for reasons not attributable to Kariera’s fault, Kariera reserves the right to receive from you the fee corresponding to the Services you have used up to the date of termination, in the event that termination without reason is expressly permitted by the terms of the relevant Service Agreement.
9. Links to other websites Kariera's Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Kariera of the contents on such third-party web sites. Kariera is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
10. Compensation You agree to defend, indemnify, and hold harmless Kariera (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal fees) alleging or resulting from or in connection with your use of the Website, any Document posted by you on the Website that violates the rights of third parties (including but not limited to defamation or copyright infringement), your use of the Services or your breach of this Agreement or due to your failure to comply with labor and other applicable laws. Kariera shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
12. Questions and Notices Questions related to these terms and conditions and the use of the Website should be directed to the Customer Service Department.
Notices addressed to Kariera may be sent to the address set out in Article 3 above and notices addressed to you will be sent to the address you have provided or (if you have not provided an address) to the email address you provided when registering and creating an account on the Website.
13. General 13.1 Access to the Content may not be legal for certain persons or in certain countries, and such persons are not entitled to either enter or use the Website. In the event that you enter the Website outside of the territory of Greece, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
13.2 This Agreement and your Service Agreement, if you have one, are governed by Greek law, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Agreement shall lie exclusively with the courts of Athens, Greece.
13.3 The only relationship you have with Kariera is the relationship arising from this Agreement and the Service Agreement (if any). If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement or the Service Agreement, which shall remain in full force and effect. In the event of a discrepancy or conflict between the terms of this Agreement and the terms of the Service Agreement, the order of validity shall be as follows: 1) Service Agreement, 2) this Agreement.
13.4 All provisions of this Agreement shall survive termination except those granting access or use to the Website, and you shall cease all your use and access thereof immediately.
13.5 You may not assign or transfer your obligations under this Agreement.
13.6 The non-exercise or non-timely exercise by the contracting parties of any of their rights provided for by this Agreement or arising from the law, in no case can be considered or interpreted as an implicit waiver of these rights, which they can exercise at any time.
Exhibit A – Company Rules Regarding Posting Documents on the Website and Security Kariera may at its discretion suspend and terminate the use of the Website for Users who violate the Rules mentioned below. Kariera reserves the right to amend the Rules at its sole discretion.
A1. Rules for Posting Documents (a) Your Document may not contain: (i) URLs or links to other websites for the purpose of advertising (to advertise your company or website, see the page related to advertising information or contact the Sales Department). (ii) Copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material). (iii) Trade secrets (unless you own them or have the owner's permission to post them). (iv) Material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others. (v) Irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User). (vi) Anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful. (vii) Anything that is embarrassing or offensive to another person or entity. (b) You may not use your Documents to: (i) Impersonate another person, whether that person is living or dead. (ii) Post false, inaccurate or misleading information/Documents on the Website. (iii) Post advertisements, or solicitations of business. (iv) Post chain letters. (v) Post opinions or communications, commercial or otherwise. (c) Your Document must contain sufficient detail to convey clearly to the Candidate the nature and requirements of the job opportunity or, in the case of Candidates seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted. (d) Each CV posted on the Website must contain accurate, true and up-to-date information of the Candidate. (e) Kariera does not have the responsibility or obligation to monitor the Documents posted on the Website by the Candidates or the Employers, but may do a random sample check. Documents found to be in violation of the above rules may be removed at Kariera's sole discretion.
A2. Conduct Rules (a) You may not reply to or respond to postings for any other reason or in any manner other than to apply for a job or to further communicate – as the case may be – with a Candidate or an Employer). Communication from our competitors with the purpose of soliciting Kariera employees are prohibited. (b) You may not send Users junk email. (c) Protect and treat as confidential your account login details (username and password). You are responsible for every use that may occur from anyone logged in to your account, whether or not they are made or authorized by you. If persons not authorized by you use your username and password to upload and post inappropriate or prohibited material to the Website, you risk losing your access to the Website. You agree to notify Kariera of any unauthorized use of your account or password. (d) Report any inappropriate posts or behavior by contacting Customer Service via the contact form. (e) You may not delete or revise any material posted by another User. (f) If, during the term of the Agreement, Kariera reasonably considers that: (i) You misled Kariera about your business practices and/or services or (ii) You purchased services that do not represent your business; Kariera reserves the right to terminate this Agreement. (g) Kariera is not obliged to control the behavior of its Users, but may investigate and respond to complaints of violations.
A3. Security rules (a) Users are prohibited from violating or attempting to violate the security of the Website, including but not limited to: (i) Accessing data not intended for such User or logging into a server or account which the User is not authorized to access. (ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. (iii) Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mail bombing" or "crashing". (iv) Sending automated emails, which include promotions and/or advertisements for products or services. (v) Falsifying any information. (b) Violation of these Security Rules may result in civil or criminal liability.
Kariera will investigate incidents that may be related to such violations and may involve or cooperate with the police or other competent authorities in prosecuting Users who are involved in such violations.