1. Scope of application; acceptance of Online Application Terms and priority
The following “Online Application Terms” apply to the online application service provided by Robert Half GmbH, Bahnhofplatz 9, 8001 Zurich and Robert Half GmbH, Quai de I´lle 13, 1204 Geneva (“RHCH”, “we” or “our”) through their website www.roberthalf.ch (“Website”).
The General Terms of Use of the Website www.roberthalf.ch (“Terms of Use”) also apply to the online application service. The Online Application Terms include additional provisions that apply specifically to the online application service. If there is a conflict between the Online Application Terms and the Terms of Use, the Online Application Terms will prevail.
2. Content of the service provided by RHCH
Through the online application service, you may submit your CV and an application letter (“Submitted Materials”) either in response to a specific job advertisement placed with us by a third party (“Job Advertisement”) or independently of a specific Job Advertisement. Upon receipt of the Submitted Materials we will compare these against our database to find out whether we can suggest a suitable Job Advertisement for you. If this is the case, we will notify you without delay at the e-mail address you have indicated. If we cannot suggest a suitable Job Advertisement, we will send you a rejection note. The Job Advertisements in our database are advertisements within the range of services displayed on our Website. Our activity is limited to comparing the information submitted by you against the Job Advertisements in our database and forwarding your documents to the respective third party that has placed the Job Advertisement, as applicable.
You are hereby informed of the following:
(a) We do not guarantee or promise that you will be employed for any positions offered in Job Advertisements displayed on our Website.
(b) We are not in any way responsible for any job offers, pre-employment checks, employment checks, recruitment decisions or the actual recruitment by third parties.
(c) We are not your employer or employment agent.
(d) In no event do the Job Advertisements displayed on this Website constitute a specific offer of an employment contract or a recommendation for a specific position or for the recruitment of a specific job seeker.
By using the online application service, in particular the submission of information regarding your CV, you do not enter into any employment relationship, employment agency relationship, broker relationship or commercial agency relationship, partnership or company or similar relationship with us.
3. Submitted Materials
You grant us a perpetual, non-exclusive, free-of-charge, worldwide right to use the Submitted Materials for providing the online application service. You grant the same right to any third party to whom the Submitted Materials are forwarded in line with these Online Application Terms for handling the further application procedure for the respective Job Advertisement. In all other respects, Item 5 of the Terms of Use applies.
You accept that we provide only a passive forum for users to obtain employment information and career information. We therefore accept no responsibility for the reliability, accuracy, completeness, validity or veracity of the Job Advertisements posted by third parties or of any other information or the Submitted Materials. The third parties are responsible for the information they post and you are responsible for the materials you submit. We reserve the right to delete, remove, not forward or block access to any Submitted Materials at our discretion if we consider such materials to be inadmissible, and in particular incompatible with applicable law or Item 6 of the Terms of Use. If we are informed of inadmissible Submitted Materials, we have the right but not the obligation to check at our discretion the validity of the alleged infringement by such materials.
4. Your obligations; prohibitions regarding Submitted Materials
When using this Website, and unless otherwise provided for in these Online Application Terms, you agree not to:
(a) upload, transmit or store any materials that
- violate applicable law, in particular because their content is offensive, defamatory, deceptive, misleading, threatening, harassing, obscene or objectionable;
- breach your contractual obligations or confidentiality obligations;
- disrupt or interfere with the normal operation of this Website, e.g. by transmitting documents infected with viruses, continuously or repetitively transmitting materials or transmitting higher than normal data volumes; or
- contain or address extraneous purposes, including, without limitation, any unsolicited advertising materials such as junk mail, spam, chain letters, pyramid schemes, exclusive distribution materials, club memberships, sales agreements, or similar materials;
(b) transmit any inaccurate or incomplete information, such as regarding your CV, biographical data, Job Advertisements and company profiles;
(c) impersonate any individual or entity;
(d) falsify any information in electronic messages or e-mails; and
(e) misrepresent yourself or your affiliation with a third party or with your organization.
5. Specific use and obligation
You further agree to:
(a) ensure that your Submitted Materials are at all times complete, accurate and up to date; and
(b) submit only those materials to which you have all required rights or licenses.
6. Liability
The liability provisions set out in Item 10 of the Terms of Use apply.
7. Terminating the user relationship for the online application service
The user relationship for the online application service is of indefinite duration. The parties may terminate the user relationship for the online application service at any time with ten days’ notice from receipt of the termination letter, effective at the end of each calendar day, without giving any reason for doing so.
We reserve the right to terminate the user relationship for the online application service for good cause without notice. Good cause is deemed to exist, in particular, if you
- transmit incomplete or inaccurate information, or
- seriously breach the Online Application Terms and/or the Terms of Use in any other way.
The right of the parties to terminate the user relationship without notice is not affected.
A notice of termination is only effective if given in writing. Following termination of the user relationship for the online application service, we neither have the obligation nor the responsibility to store the Submitted Materials. You will always store a copy of the Submitted Materials yourself. Following termination of the user relationship for the online application service, we will delete the Submitted Materials without delay, unless we are obligated by applicable law to store them for a longer period.
8. Modification of the online application service and its terms
We are entitled to modify the present Online Application Terms pursuant to Item 1. We are also entitled to modify, refine and/or discontinue the online application service pursuant to Item 11.
9. Miscellaneous
The Online Application Terms and the Website Terms of Use constitute the entire agreement between yourself and us regarding your use of the online application service. There are no side agreements to these Online Application Terms and the Terms of Use.
If you are a businessperson within the meaning of the Swiss Code of Obligations, Zurich is the place of jurisdiction for any disputes arising from or in connection with this user relationship.
The user relationship and these Online Application Terms are governed by Swiss law to the exclusion of the rules of uniform international law, in particular the United Nations Convention on Contracts for the International Sale of Goods.
If individual provisions of these Online Application Terms are found to be invalid or ineffective, this will not affect the validity of the remaining provisions.