Terms and Conditions
regarding the contractual relationship between the German Industry & Commerce (Taicang) Co., Ltd. and the persons potentially interested in applying for a job offer of an employer
The following Terms and Conditions apply between the persons who are potentially interested in applying for a job offer of an Employer (in the following referred to as “Applicant”) and the German Industry & Commerce (Taicang) Co., Ltd., Unit 0830, Landmark Tower II, 8 North Dongsanhuan Road, Chaoyang District, 100004 Beijing P.R. China (in the following referred to as “Operator”) regarding the utilisation of the webpage retrievable via jobmarket.china.ahk.de (in the following referred to as “Job Market”).
2. Service Description
2.1. The Operator provides the Applicant with access to the Job Market free of cost. There, the Applicant can inform him-/herself about job offers and advertisements with reference to China and also present him-/herself with his/her curriculum vitae (in the following referred to as “RESUME”) to the employers registered or to be registered on the Job Market (in this Terms and Conditions referred to as “Employers”) having access to all RESUMES in the database (in the following referred to as “RESUME-Database”).
2.2. In order to enter his/her RESUME into the RESUME-Database, the Applicant first has to create a user account (in the following referred to as “Applicant’s Account”) by entering his/her email and password and other optional personal information, the detailed requirements for which may be changed from time to time by the Operator. The personal information is being published, and the Applicant herewith agrees with the publication. The submitted RESUME will be reviewed from our staff and published online within 2 working days. The Operator’s review does not result in any liability in regard to the content of the RESUME. The Applicant is permitted to create one Applicant’s Account only. Additional or alternative ways to create a user account may be offered by the Operator from time to time.
2.3. The Applicant can request the deletion or deactivation of its Applicant’s Account, whenever he/she likes to do so. A deletion of the Applicant’s Account will be executed by the Operator after a corresponding email of the Applicant to the following email address: email@example.com by using the following subject line: [Delete Applicant Account]. The editing of his/her personal information or of any other information entered into the Job Market by the Applicant is to be conducted by him-/herself via his/her Applicant’s Account. Upon deletion of the Applicant’s Account there will be provided no backup.
3. Confidentiality on Login Data and Communications
3.1. The Applicant is obliged to maintain confidentiality on the login data for his/her Applicant’s Account. Only he/she may have knowledge of this data. It therefore is not to be transmitted to any third party.
The Applicant is responsible for maintaining confidential the password, and will be responsible for all usage of the user account and/or user name, whether authorized or not authorized.
The Applicant agrees to immediately notify the Operator of any unauthorized use of Applicant’s Account, user name or password.
3.2. The Applicant is furthermore obliged to maintain confidentiality on the communications sent through the Job Market by the respective Employers, unless the respective Employer has beforehand declared it as not confidential. He/She may store and use it only for the purpose of considering an employment offer and only for him-/herself, unless otherwise permitted by the respective Employer.
4. Job Market Newsletter
The Applicant is provided with the possibility to subscribe for the cost free weekly electronic newsletter (in the following referred to as “DE Job Market Newsletter”) via email subscription provided by the Operator. He/She can cancel the subscription at any time by requesting it via email at firstname.lastname@example.org by using the following subject line: [Unsubscribe Newsletter].
5. No Storage Obligation of the Operator
5.1. The Operator has no obligation towards the Applicant to store the content entered into the Applicant’s Account and into the restricted user area of the Job Market. The Operator reserves the right to delete any content provided by the Applicant after his/her prior notification via email.
5.2. The Applicant is encouraged to prepare his/her own security copies of the content entered into the Job Market.
6. Accessibility of the Job Market
In regard to the fact that the services rendered to the Applicant by the Operator are free of charge, the Operator provides the Applicant with no guarantee whatsoever for the accessibility of the Job Market. The Applicant shall have nor claim to demand uninterrupted use of the Job Market, insofar as cost free services are concerned.
7. Passivity of the Operator regarding Employment Contracts and Job Market Content
7.1. The Operator offers solely a platform for the publication and distribution of job advertisements, company profiles, candidates’ resumes and banner ads. The Job Market is neither economically nor legally bound or otherwise related to any work contract or other employment contract concluded between the Applicant and an Employer via the Job Market.
7.2. The Operator is not obligated towards the Applicant, to review the Employer profiles, job advertisements, banner ads, RESUMEs, and other content entered into the Job Market by the Applicant or an Employer or declared as third-party content on its truthfulness and accurateness. He exercises no influence over the content. Therefore, the Operator shall not be liable for any such contents.
8. Inappropriate Contents, Exemption from Liability
8.1. It is prohibited for the Applicant to upload or otherwise put any inappropriate content onto the Job Market; this applies in particular, but not exclusively, for:
- Legally protected contents (brands, trademarks, title, business symbols etc.) as far as he/she is not authorized to do so,
- Discriminating contents and other offensive remarks,
- Private or other confidential information about a third party without its permission,
- Copy and/or intellectual property right protected contents (photographs, graphics, pictures, music in tone and/or note picture, text etc.) as far as he/she is not authorized to do so,
- Contents that violate the protection of children and minors.
8.2. THE APPLICANT INDEMNIFIES AND HOLDS INDEMNIFIED THE OPERATOR FROM ANY LIABILITY AND DAMAGES WHICH RESULT FROM THE PUBLICATION OF HIS/HER CONTENTS ON THE JOB MARKET. THE DAMAGE ALSO INCLUDES THE REQUIRED COSTS AND EXPENSES FOR HIS/HER LEGAL DEFENCE AND/OR PROSECUTION. NEVERTHELESS, THE OPERATOR IS ENTITLED TO AND WILL REMOVE ANY CONTENT FROM THE JOB MARKET THAT IS ILLEGAL, INSULTING OR OTHERWISE INAPPROPRIATE FOR PUBLICATION; HE MAY SUBMIT THE CASE TO THE RELEVANT AUTHORITIES, IF APPROPRIATE.
9. Applicable Law / Jurisdiction
9.1. The formation, validity interpretation, performance and dispute resolution in respect of the Contractual Relationship between the Applicant and the Operator shall all be governed by the laws of the People’s Republic of China.
9.2. All disputes arising out of or in connection with the Contractual Relationship between the Applicant and the Operator including any question regarding its existence or validity shall be submitted to Beijing Arbitration Commission for arbitration in accordance with its rules of arbitration in effect at the time of applying for arbitration. The place of arbitration shall be Beijing. Both Parties agree in common that the dispute has to be settled using the English language. The arbitral award is final and binding upon both Parties.
10. Severability Clause
If any one or more of the provision contained in these Term and Conditions or in other document delivered pursuant hereto shall, for any reason, be held to be invalid, illegal or unenforceable in any other respect, such invalidity, illegality or unenforceability under the laws or regulations of the PRC, shall not affect any other provision of these Term and Conditions or any such document.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under the laws or regulations of the PRC, such provision shall be severed from the Terms and Conditions.
In such case a provision is applicable which meets best the legal and economic aim of the inoperative provision. The legality, validity and enforceability of the remaining provisions of the Terms and Conditions shall remain unaffected.