Terms and Conditions for the Career Services website of the ZHAW School of Management and Law, as of July 2013.
This is a non-binding, unofficial translation of the original German version, “Allgemeine Geschäftsbedingungen der Website Career Services der ZHAW School of Management and Law.” While it was prepared with all due care, the ZHAW School of Management and Law takes no responsibility for any remaining omissions and/or mistakes. The legally binding document is the original German version, which shall prevail in any case of doubt or differences of interpretation. Please note that English is not an official language of the Swiss Confederation or the Canton of Zurich. This document is provided for information purposes only and has no legal force.
(1)These terms and conditions apply between ZHAW, represented by the School of Management and Law (hereinafter “Career Services”) and its customers (hereinafter the “Customer”).
(2)Any conflicting or deviating terms and conditions of the Customer shall only become part of the agreement if Career Services has expressly agreed to their validity in writing.
(1)Among other things, the ZHAW School of Management and Law offers products and services in the area of campus recruitment, personnel marketing, and sponsoring via the internet platform it operates (www.sml.zhaw.ch/career) (hereinafter the “Internet Platform”) and via linked databases in accordance with the current service description published on the Internet Platform.
(2)In particular, Career Services offers the following services: a)the creation and publication of job ads, events, and company profiles, and b)access to the CV database
On placing an order, the Customer selects the services to be provided by the Career Services website from the range of services available. A contract shall be concluded once the ZHAW School of Management and Law has confirmed the order in writing or online publication has taken place. The written form shall be preserved by sending an e-mail. For each service, a new contract shall be concluded. The terms and conditions valid at the time of the conclusion of the contract shall apply. The Customer shall remain unaffected by changes to the terms and conditions by the ZHAW School of Management and Law during the contract period.
The contract duration shall be in accordance with the overview of services provided. The ZHAW School of Management and Law reserves the right not to perform a service or to remove previously published advertisements, if customer information or other content to be published violate legal requirements, official prohibitions, rights of third parties, ethical principles, or if - in the estimation of ZHAW School of Management and Law – they violate the values of Career Services (hereinafter “Inadmissible Content”). The same applies to the extent that hyperlinks also contain performance elements which, directly or indirectly, lead to pages with Inadmissible Content. The Customer’s payment obligation shall remain unaffected. The customer shall be notified immediately of such a measure. The customer shall exempt the ZHAW School of Management and Law upon the first request from all claims asserted by third parties against Career Services based on Inadmissible Content. This also includes exemption from the cost of any legal proceedings required
The liability of Career Services shall be limited to intent and gross negligence. Liability for consequential damage shall be excluded. The ZHAW School of Management and Law shall not be held responsible for the accuracy of content on the Career Services website. The services provided by Career Services are provided via the open internet. Therefore, the ZHAW School of Management and Law is unable to guarantee the uninterrupted availability and accuracy of its services. The non-placement of an advertisement or profile on the Career Services website shall not entitle the Customer to assert any claim for damages. The ZHAW School of Management and Law shall merely be obliged to publish the unpublished or incorrectly published advertisement or profile subsequently.
The Customer shall be solely responsible for the content of his or her announcements. The Customer shall publish only legally permissible content via the ZHAW School of Management and Law and, in particular, shall refrain from racist, pornographic, and personality-infringing content. The Customer shall confirm that the content is ethical, moral, and legally correct. The ZHAW School of Management and Law reserves the right to refuse content that does not meet these requirements or to delete it without incurring any costs or damages. By placing an order, the Customer shall consent to the publication of the content provided on the Career Services website. Companies can upload their own ads and profiles.
(1)The use of the CV database for any purpose other than the initiation of a service or employment relationship in relation to actual vacancies is inadmissible. The Customer agrees to comply with all provisions of data and personal protection law. The ZHAW School of Management and Law shall be entitled in the event of a breach of contract or data protection or customer personality rights to terminate the provision of services by blocking access or by any other suitable means. The Customer's payment obligation shall not be affected.
(2)The Customer shall be granted access to the CV database by means of an access code (user ID, password). The Customer undertakes to keep this access code secret and, in particular, not to disclose it to third parties. For each access code, access to the CV database shall only be granted to one natural person, whose name shall be reported to the ZHAW School of Management and Law.
(3)Information provided by customers and users shall be provided solely by them, which prevents the ZHAW School of Management and Law from making any guarantees concerning its completeness, accuracy, diligence, or availability, nor does the ZHAW School of Management and Law guarantee a specific number of answers or a specific number of profiles for a particular search criterion.
(4)Companies and organizations competing with the ZHAW School of Management and Law (hereinafter the “Competitor”) shall not be allowed access to the CV database. The ZHAW School of Management and Law shall be entitled at any time to discontinue the provision of a service by blocking access or by any other suitable means if the Customer is a Competitor or if the Customer provides a Competitor with information published on the internet platform or the CV database. The Customer's payment obligation shall remain unaffected.
(5)For students, a prerequisite for the use of the area of the website/CV database that is not generally accessible is their enrollment at the ZHAW School of Management and Law.
(6)Customers and users acknowledge that all material notifications concerning the use of the website/CV database will be sent by e-mail unless another form is required by law.
Prices are based on the information published on the Career Services website.
Invoices issued by the ZHAW School of Management and Law shall be payable within 30 days from the date of issue. Debtors of the ZHAW School of Management and Law shall fall into arrears immediately after 30 days from the date of issue of the invoice. The ZHAW School of Management and Law shall be entitled to withdraw from the contract and cease its services after setting an extension period of 10 days.
Swiss law shall apply exclusively. Winterthur, Switzerland, shall be the place of jurisdiction.