Terms of use
By using the website jobmesh.nl and our services, you accept the following terms of use.
1. Parties
The terms of use for non-commercial users apply within the scope of the contractual agreements between Jobmesh GmbH, Mergenthalerallee 15-21, 65760 Eschborn, Germany, hereinafter also referred to as ‘JobMESH’ and ‘we’ and the visitors of the website jobmesh.nl as well as the users of our services and those interested in them, hereinafter only referred to as ‘user’ and ‘you’. Our services, to which these terms of use refer, are only intended for use by natural persons and for the purpose of searching for job offers. Depending on the service, further conditions may apply, about which we will inform you if they apply. If you do not agree to our terms of use, you are prohibited from using our website and services.
If you are an employer or recruiter, these terms of use do not apply, our General Terms and Conditions for Employers and Recruiters apply instead.
2. Object of the agreement
a. Use of the website jobmesh.nl
You can use the website jobmesh.nl without registering. Your usage extends to using the website to search for job offers. If you click on a job offer you may be redirected to websites that are not owned by JobMESH and over the contents of which we have no control and for which we therefore assume no liability. We may be paid for these redirections by employers or job exchanges.
b. Job assistant
JobMESH offers its users a job assistant as a free subscription to search for job offers. The job assistant is sent to you regularly by email and contains job offers that match your search behaviour or the profile you have created. If you click on a job offer you may be redirected to websites that are not owned by JobMESH and over the contents of which we have no control and for which we therefore assume no liability. You can subscribe to the job assistant without creating a JobMESH account by registering to the subscription. You will then receive an email with a confirmation link to confirm that you actually want to subscribe to regular emails with job offers and that it is not an unwanted registration that you have not initiated. You can unsubscribe from the job assistant at any time by clicking on a link in the job assistant.
c. JobMESH account
JobMESH also offers its users the option of creating a free JobMESH account. The services this includes and the necessary registration are described below.
i. Favourites
With a JobMESH account you can save job offers that you are interested in as favourites. You can access your favourites at any time in your JobMESH account as long as they are available. We reserve the right to analyse your favourites and search queries and to remind you of your favourites by email.
ii. Profile and CV
If you have a JobMESH account, you can fill out your profile with your personal details and qualifications. You can also upload relevant documents such as your CV to your profile. We reserve the right to analyse your profile details and the data in your uploaded documents and to use them to improve our service. You can apply for jobs directly via jobmesh.nl using your profile and the uploaded documents, if the employer has requested this function for the advertised position. If the employer has a JobMESH employer account, they will receive your application together with the data you have provided via the website jobmesh.nl. If this is not the case your application, including the data you have provided, will be sent by email. Personal information that you submit to JobMESH or provide to JobMESH as part of profile creation and the application process should not include the following information:
- racial or ethnic origin
- political beliefs
- religious or philosophical beliefs
- trade union membership
- genetic data
- biometric data for the sole purpose of identifying a natural person
- health-related data
- data regarding the sexual life or sexual orientation of a natural person
If you use the service, you guarantee and warrant that you have not provided the above information.
As JobMESH customers from all over the world can post job advertisements on jobmesh.nl, it is possible that the respective employer is located outside the European Union or the European Economic Area, which is why it is part of the contract that such companies from other countries can also access your data. We store your applications so that you can track your application history in your JobMESH account at any time.
iii. Automatic job assistant
When you create a JobMESH account, you automatically subscribe to the job assistant described in Section 2 b. You can cancel the free subscription at any time via your JobMESH account settings or via a link in the job assistant. You can also use the settings to determine how often you want to receive the job assistant.
iv. Registration
When registering a JobMESH account, you must provide a valid email address and a password. To use the service, it is necessary for this data to be stored. We will send you a confirmation email with a link. Follow this link, confirm that you agree with these terms of use and that you need to create a JobMESH account. The sending of the confirmation email or your confirmation is not an acceptance of the contract by JobMESH and does not constitute the conclusion of the contract. The contract only becomes effective when we activate your JobMESH account. There is no legal claim to the conclusion of a contract.
You must also provide further information about your person. These must be up-to-date, complete and truthful. If you upload a profile picture, it must depict you. In particular and in your own interest, your contact details should be up-to-date in case an employer wishes to contact you. The JobMESH account is only for your own use and not for use by third parties. It is not transferable. Your email address linked to the JobMESH account may also only be used by you personally. Only one account may be created per user. You are also not permitted to create an account for third parties or non-existing persons, even if the third party has given their consent.
3. Right of withdrawal
You have the right to withdraw from this contract within 14 days after conclusion of the contract without giving reasons. The withdrawal period is 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must notify us Jobmesh GmbH, Mergenthalerallee 15-21, 65760 Eschborn, Germany, email: [email protected] by means of a clear statement (e.g. letter or email) that you intend to withdraw from this contract. You can use the attached sample withdrawal form, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient to send the notification that you are exercising your right of withdrawal before the end of the withdrawal period.
4. Costs
The use of the website jobmesh.nl and the services of JobMESH are free of charge for non-commercial users according to these terms of use.
5. Duties of the user
a. Hardware, software, login data
The user is solely responsible for the hardware and software necessary to use our website jobmesh.nl and our services. The access data and especially the password must be kept strictly confidential. The user bears full responsibility for the use of their JobMESH account. In case of suspicion or actual loss of the login data sovereignty to unauthorised third parties, the user must immediately contact JobMESH and assign a new password.
b. Unlawful acts
In connection with our website jobmesh.nl and the use of our services, the user is prohibited from acting illegally and/or violating applicable law. In particular, but not conclusively, the following is prohibited:
i. providing us with any content that
- is harassing, abusive, harmful to minors or otherwise illegal;
- infringes the rights of third parties, in particular copyright, personal rights or other property rights;
- is confidential, e.g. contains business secrets;
ii. impersonating any person, such as a government official, a representative of us, or falsely stating or otherwise misrepresenting your affiliation with such a person, forging user names or otherwise manipulating identifiers and/or disguising the origin of any data transmitted in connection with the services;
iii. storing, publishing and/or sending advertising, junk or mass emails, chain letters, pyramid schemes or any other commercial communication;
iv. using scraping or similar techniques to collect data and use it for any other purpose, republish it or use it in any way other than for the intended purpose of the services;
v. using techniques or automated other services that aim to or result in the misrepresentation of user activities, such as the use of bots, botnets, scripts, apps, plugins, extensions or other automated tools to play data, send messages, post comments or perform other actions;
vi. harassing, threatening, insulting or defaming a natural person or a company, denigrating or discriminating on the basis of sex, race, religion or beliefs, or making or disseminating untrue allegations about a natural or legal person;
vii. recording, storing or transferring personal data of another user, unless the person concerned has given their consent;
viii. posting links to third party data that violates the provisions of these terms of use or other regulations;
ix. transmitting viruses, worms or other malicious code
c. Handling of own data
You are responsible for transferring your data to the respective employers. Please check the authenticity of the recipient before transmitting your data. Besides search engine queries and research, it can also be helpful not to send them to private email addresses or seemingly unofficial email addresses. Please be aware that JobMESH cannot ensure the authenticity of the employers for you and control the use of your personal information by them. We assume no liability for this. It is absolutely unusual to be asked for sensitive data such as ID numbers, social security numbers and bank and credit card numbers. Please report all suspicious cases to JobMESH immediately.
6. Use of the user’s data
a. The user transfers data to JobMESH in the course of using our services. As a result, JobMESH is contracted by the user to store and host this data and, if applicable, to make it available to employers. This data is only used within the scope of these terms of use. This means in particular that JobMESH may reproduce, format, reformat, technically process, transfer and analyse, statistically evaluate and/or have your data statistically evaluated for use in accordance with this agreement by itself or by third parties. JobMESH does not claim ownership of your data.
b. You warrant and represent that you own or have a license to the data that is necessary to grant JobMESH the rights set forth in Section 5 a. above, and that the data and JobMESH’s use of the data under the agreement with you does not violate our terms of use or any applicable law and does not infringe any intellectual property or other rights of any third party.
7. Guarantee, availability, backup, data protection and confidentiality
a. Guarantee
JobMESH assumes no guarantee for the timeliness, accuracy, completeness, usefulness, or suitability of any data on our website and services for any particular purpose. Nor do we guarantee the conclusion of an employment contract between persons using our website and services and an employer.
b. Availability
Likewise, we do not guarantee that our website and services will be uninterrupted, error-free, available for specific periods of time, or that they will be error-free. Errors, conditional availability or limited functionality may occur due to maintenance work and improvements and do not establish any claims for the user. You have no legal claim to the use of the website jobmesh.nl or to free services described in these terms of use.
c. Backup
JobMESH performs regular backups of its servers. Nevertheless, data loss cannot be completely excluded. We therefore recommend that you make backup copies of the data that you transfer to us when using our services. Especially if you terminate your contract with us because we do not keep a copy of your data after deletion, unless there is a legal obligation to store it.
d. Data protection and confidentiality
The collection and processing of your personal data is performed with due regard and compliance to the applicable data protection laws. Please inform yourself about this in more detail in our privacy policy. Furthermore, your data will always be treated confidentially and will only be used within the scope of these terms of use. You have are required to agree to the publication of your personal data each time before it is published.
8. Liability
Claims for damages by users are excluded; this exclusion does not apply to claims for damages due to injury to life, limb or health, or to damages resulting from intentional or grossly negligent breach of duty by JobMESH, its legal representatives or vicarious agents. In case of material or financial damage caused by slightly negligent behaviour of JobMESH, a legal representative or a vicarious agent of JobMESH, JobMESH is only liable in case of a material breach of an essential contractual obligation, but only up to the amount of typical damages foreseeable in case of conclusion of the contract. Material contractual obligations are obligations the fulfilment of which enables the proper performance of an agreement and on the observance of which the contracting parties may regularly rely. Any possible liability under the German Product Liability Act remains unaffected. Any further liability of JobMESH is excluded.
JobMESH is not liable due to legal regulations in case of slight negligence. As far as JobMESH’s liability is excluded or limited, this also applies to the personal liability of JobMESH’s legal representatives, executives and vicarious agents.
9. Termination
The agreement between you and JobMESH, which you use in the context of using the services of the JobMESH account and job assistant, is unlimited. Either party may terminate this agreement at any time with immediate effect. When the agreement on the use of the JobMESH account or the job assistant ends, we will delete your personal data that we have stored, unless processing is required by law and for another purpose.
10. Intellectual property rights
a. Holder
JobMESH is the sole holder of all intellectual property rights to the jobmesh.nl website referred to in this agreement and the associated services that you, the user, can use. This includes software, databases, graphics, interfaces, designs and other content. The property rights are protected by copyright, trademark law, but also by other property rights.
b. Right of use
The user may only use the website and related services in accordance with these terms of use. This right is neither exclusive nor transferable.
The user is prohibited from
- using the website or services for the development of other platforms,
- using features or services that are not free of charge or whose use is not intended for non-commercial users beyond the scope of these terms of use,
- decompiling, copying, reproducing, modifying, publishing or analysing the source code or its functions.
11. Amendments to the terms of use for non-commercial users
We reserve the right to amend these terms of use or any services described in these terms of use at any time. The current terms of use published at the time of use always apply for users of the website jobmesh.nl without a JobMESH account. Users of the website and services with a JobMESH account will be informed in time by email about amendments to the terms of use and services. You can object to amendments. If you log in again after the notification or do not object within four weeks, the amendments will take effect for the future. We reserve the right not to inform the user about amendments that have exclusively positive effects for the user, or legally required, judicial or officially ordered amendments and amendments that are only of a technical, organisational or optical nature.
12. Applicable law and other provisions
a. This agreement and its interpretation are subject to German law. However, if you are a consumer within the meaning of Article 6(2) of Regulation (EC) No 593/2008, this choice may not deprive you of the protection afforded by mandatory rules under the law that would have applied (in the absence of a choice)
b. If any provision of these terms of use is found to be invalid or unenforceable in whole or in part, such provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions of these terms of use. In this case, the invalid or unenforceable provision will be replaced by a statutory provision.