General terms and conditions (GTCs) of www.primework.ch
Definition of terms and scope of application
Primework AG, Badenerstrasse 734, 8048 Zurich ("Primework") runs an online platform for staff recruitment services on which job seekers can access job vacancies and companies can place job advertisements. These GTCs govern the legal relationships between people and companies who visit the www.primework.ch online platform ("platform") and access its content (“use” or “usage”) and Primework. An integral part of the GTCs is the data protection declaration to which these GTCs refer. By using the platform, you acknowledge and agree with the GTCs and the data protection declaration.
Offers for job seekers
The platform is designed for job seekers to find out about and apply for job vacancies that are of interest to them. Job seekers do not have any claim to temporary or permanent employment. Primework gives no guarantees in this regard. It is at Primework’s discretion to decide whether it processes a job seeker’s application or not. The job vacancies placed on the platform are purely for information purposes and do not represent a request for an employment contract. Any employment contracts are concluded in separate written agreements either directly with Primework or between the company in question and the job seeker. Job seekers have the option of creating a professional curriculum vitae using the CV configuration tool on the platform. There is no charge for the basic function. They may also apply on the platform for the help of a personal advisor who can help them create and check the application file. Primework charges a small flat fee for this service which is shown on the platform.
You have the option of creating a user account with a personal profile on the platform. Primework does not charge for this service. You must first register on the platform in order to set up a profile. To do so, you create a user ID and password which you then use to login for free access to the profile content you have entered (login area). You are personally responsible for the content and any data sent to you. You give assurances as to the lawfulness, correctness and up-to-date nature of this data. You are obliged on your own initiative to observe and correctly specify applicable laws and professional obligations, particularly regarding professional activities, place of business and professional title. You must only give true details about yourself which are not misleading in any way. Primework reserves the right at its own discretion to immediately delete inadmissible profiles without notice or reason. Only Swiss nationals or persons with a valid work permit are entitled to create a profile on the platform. Primework reserves the right to ask for proof at any time in order to qualify job seekers and delete corresponding profiles if such proof is inadequate. You are only authorized to set up a personal profile. You may not allow third parties to use your own profile.
Offers for companies
Companies use the platform to recruit temporary and permanent staff. The platform allows anonymized job advertisements as well as those that are personalized and tailored to the company. Both options are subject to a fee and may either be booked individually or as a package for several job advertisements. Information on the platform is for information purposes only. A contract about placing one or several job advertisements is concluded in a separate written agreement by contacting Primework directly by phone on 058 844 44 44 or by emailing email@example.com.
Where necessary, Primework communicates with you mainly via email or the login area. Messages from Primework are deemed to have been delivered if they are placed in your personal login area or sent to the last email address that you provided. You expressly agree that any correspondence between yourself and Primework may be sent via email as well as by post or published in your personal login area and is binding.
Copyright and usage rights
Profile texts and pictures that you have created must not breach applicable law, contravene common decency and/or these GTCs. Third party rights (legal protection of names, copyright law, data protection law etc.) in particular must be observed. Breaches of statutory provisions or these GTCs entitle Primework to immediately delete the relevant profile texts or pictures and, in serious cases, to immediately block and delete the entire profile. You provide assurances and guarantee that you are authorized to use the profile texts and pictures to create your profile and that you are not breaching any third party rights.
Guarantee and liability
Primework takes all reasonable technical and personal measures in order to prevent as far as possible the server or system being overloaded or crashing. However, there is no guarantee that the platform will always be available. If the platform and/or profile are temporarily unavailable, Primework makes every effort to resolve the problem immediately. Primework gives no guarantee that the service will be available at all times without interruption. It also reserves the right to interrupt operations for necessary maintenance work. Primework expressly declines any liability in the legally permissible scope in relation to the platform. Excluded in particular is any liability on the part of Primework for losses (including direct losses such as consequential losses and indirect losses or loss of profit that arise from access to the Platform, its elements and/or from usage or impossibility or restriction of access or usage (such as function interruptions, technical faults etc.). You hold Primework harmless of any third party claims in relation to your profile. This also includes the cost of necessary legal defense which directly or indirectly arises through the claim from Primework.
Changes to the GTCs
Primework reserves the right to change or amend the GTCs and data protection declaration at any time. The current version published on the platform is the applicable one between you and Primework. Significant changes or additions to the GTCs or data protection declaration will be sent to you via email or your login area. If no objection is raised to the new GTCs or the new data protection declaration within 14 days of the message being sent or if the service continues to be used after the objection period has expired, the new GTCs and the new data protection declaration are deemed to have been accepted.
Should any provision of these GTCs be ineffective or incomplete, a legally valid provision that is the nearest in terms of its effects shall replace the ineffective provision. Should individual provisions of these GTCs not be in line with or conflict with statutory legal provisions, this does not affect the validity of the other provisions of these GTCs. Any legal relationships between Primework and you are subject to Swiss substantive law. The jurisdiction of Zurich (Switzerland) shall apply to any disputes between Primework and you arising from or in connection with usage of the platform.
Status: 13 February 2018