Unless otherwise agreed, these General Terms and Conditions (the “Terms”) will apply to all services provided by Jobcast AB, reg. no 559205-4901 (“Jobcast”, “we”, “us” or “our”), in respect of performing our services to you as an individual looking for employment openings (the “Services”) via the mobile application “Jobcast” (the “App”).
By using the Services, you agree to these Terms and confirm that you fully understand the meaning of the rights and obligations in these Terms and that you will only use the Services for its intended purpose. Observe that the Terms constitutes the entire agreement between you and Jobcast and that Jobcast, in accordance with Section 13 below, reserves the right to update and amend the Terms from time to time.
2. THE JOBCAST SERVICES
The Services offered by Jobcast is built on the concept that new technology can improve the way companies recruit talents. The Services consists of providing a digital platform through the App enabling individuals looking for employment openings (“JobSeekers”, “User”, or “you”) to access employment ads and other employment-related content (“Job Ads”) by audio as well as links to third-party websites with more information regarding such Job Ads. As a Job Seeker, you will thus be able to consume Job Ads through the App in the form of audio episodes (each an “Episode”). Thus, the Services may be used to connect companies that are looking to recruit new talents (“Employer”) and Job Seekers.
After listening to an Episode regarding a specific Job Ad, you as a Job Seeker will be able to express interest in such Job Ad by sending the Employer a brief recorded audio message through the App (a “Notification”). You will also be able to access the full employment ad and apply for employment opening through links provided by Employers in the App. You will not have the opportunity to upload your personal resume in the App, however, you may connect your LinkedIn profile to your account in order for Employers to be redirected to your LinkedIn profile.
As a User of Jobcast’s Services you are solely responsible for that your use of the Services is in accordance with (i) its intended use, (ii) these Terms and (iii) our instructions and guidelines, which have been given to you from time to time. You may only use the Services at your own risk. Jobcast reserves the right to suspend a User’s access to the Services in the event Jobcast, acting reasonably, deems such User to be in breach of these Terms.
Since one of the purposes of the Services is to enable third parties to enter into agreements and other legal transactions with each other, we hereby declare that Jobcast should under no circumstances be considered as a party, an intermediator, an agent, a commission agent or in any other way as connected to our Users’ interactions and use of the Services, other than what is stated in these Terms that are entered into with every User.
Our intention is that the Services shall be available at all times and we strive to correct any errors and deficiencies without undue delay. By accepting these Terms, you confirm that Jobcast does not guarantee that the Services (or parts of the Services) will be provided without interruptions, disturbances, delays or other errors.
Certain features of the App will be available to you by simply downloading the App to your device. To access certain other features such as applying for an employment opening or receive notifications about an employment opening you will need to register an account with Jobcast.
Registration of an account is only possible if you are at least of eighteen (18) years of age or have the consent of a guardian.
User undertakes not to disclose its username and/or password to its account to any unauthorized person and to ensure that any documents containing username or password information are stored in such a way the unauthorized persons cannot access them. User shall promptly notify Jobcast if it is suspected that unauthorized persons know the User’s username and/or password. The same applies to cases where the User in some way has made it possible for unauthorized persons to access usernames and/or passwords, e.g. by loss of memory note or similar. The notification is considered submitted to Jobcast when the User has received confirmation of receipt of the notification.
Jobcast will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password as a result of your negligence or breach of these Terms.
4. CONTENT AND THIRD PARTY LINKS
You acknowledge that we are not responsible for the accuracy of the content shown, displayed or otherwise made available in Job Ads and Episodes that are published in the App and that reliance on such content is expressly at your own risk. We accept no liability for direct or consequential loss arising as a result of the accuracy, timeliness, completeness or usefulness of information available on or through the App.
The Services may contain links to third party websites which are not operated or controlled by us. You acknowledge and agree that we are not responsible for and do not endorse their content or its accuracy and such services may be subject to their own terms and conditions.
You acknowledge that any arrangement made between you and any third party named in the App is at your sole risk and responsibility.
5. RESTRICTIONS ON YOUR USE OF THE SERVICES
You hereby agree not to: (i) copy the Services (or any part of them); (ii) make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of them to be combined with, or become incorporated in, any other programs; (iii) do anything which may disrupt, damage, or impair our Services (or any part thereof), or prevent other users from using any part of our Services; (iv) deliberately exploit any bugs you find in our Services; (v) use the Services for any purpose other than what is set out in these Terms; and (vi) use our Services for any illegal or unlawful purpose.
6. FEES AND INVOICING ETC.
The Services provided to you as a Job Seeker under these Terms are free of charge.
7. DATA PROTECTION
We must process your personal data in order for us to provide the Services. All processing of personal data is carried out in accordance with current data protection legislation.
We are not responsible for the privacy practices of any third party applications, websites or services that we link to in our Services. You should ensure you read their privacy policies carefully before using these third party applications, websites or services.
For the avoidance of doubt, no subcontractors or third-party engaged by Jobcast to provide the Services will have access to any personal data.
We communicate with you and other parties involved in our Services in various ways (both online and offline). Our communication methods include, but are not limited to, communication via the internet, by e-mail, via our App and other digital tools as available from time to time. While these are effective means of communication, they contain security and confidentiality risks and we do notaccept any responsibility or liability for any loss or damage suffered as a result thereof.
9. INTELLECTUAL PROPERTY
Jobcast owns all rights, including intellectual property rights, to the Services, the App and the software used for providing the Services in the App, and nothing in these Terms shall be interpreted as a transfer of such rights (or part of such rights) to any User.
Jobcast shall, throughout the world, have the exclusive right of ownership in and to all intellectual property resulting from any and all Notifications created and distributed in the App by you pursuant to these Terms. By accepting these Terms, you hereby assign to Jobcast all right, title and interest in such intellectual property.
You as a User only receives the limited rights to use the Services as set out in these Terms.
10. LIMITATION OF LIABILITY
The Services are provided “as is” without any warranties of any kind from Jobcast, whether expressed or implied, as to the accessibility, quality, suitability, accuracy etc. of the Services.
Jobcast hereby disclaims, to the extent permitted by law, from liability for any direct and indirect damages suffered by you as aUser or any third-party in connection with the use of or obstruction in the use of the Services, regardless of how the damage occurs and whether the damage is caused by negligence or breach of contract on our part.
We will not accept any liability for any loss or damage suffered as a result of events beyond our control, which events we reasonably could not have anticipated at the time this agreement was entered and whose consequences we could not reasonably have avoided or overcome.
Jobcast may use subcontractors for the performance of the Services and its obligations under these Terms and the User hereby accepts such use of subcontractors. Jobcast shall however remain responsible for the performance of such subcontractor as for its own.
We strive to ensure your complete satisfaction with our Services but if, for any reason, you are dissatisfied with our Services, have a suggestion for improvement to the Services or have a complaint, please notify us as soon as possible by sending feedback to email@example.com so that we may investigate the matter.
These Terms may be amended by us from time to time. The latest version will always be available on our website: www.jobcastapp.com and we advise you to review this page periodically for any changes. A copy of the latest version of theseTerms will be sent to you upon request.
Your continued use of the Services after an amendment of these Terms shall constitute an agreement by you to be bound by such amendment(s).
14. TERMINATION OF SERVICES
Jobcast is entitled to, at its sole discretion and without prior warning, to limit your access to the Services in the event that: (i) there is a regulatory change that limits Jobcast’s ability to offer the Services; (ii) any event beyond Jobcast’s control prevents Jobcast from providing access to the Services including, but not limited to, technical problems, capacity problems and communication problems; or (iii) Jobcast believes that a User abuses the Services or otherwise acts in violation of these Terms.
You can simply choose to stop using the Services and remove the App from your device(s) at any time. You can also choose to delete your account by submitting such a request to firstname.lastname@example.org. Should you choose to delete your account, you are still allowed to use a limited part of the Services.
15. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and all issues in connection with them or the use of our Services shall be governed by and construed in accordance with the substantive laws of Sweden, without respect to conflict of law principles.
Any dispute, controversy or claim arising out of or in connection with these Terms or the breach, termination or invalidity thereof, or regarding our Services, shall be finally settled by court with the Stockholm City Court (Sw. Stockholms tingsrätt) as the court of first instance.