Terms & Conditions
GENERAL CONDITIONS OF THE WEBSITE AND THE APP GOJOBZZ PLC
(Last update: 18.11.2019)
- The GoJobZZ-System
GoJobZZ is a community portal that provides interactive tools to their users..
GoJobZZ uses its website www.gojobzz.com (hereinafter “website”) and its GoJobZZ app (hereinafter “app”) to bring together workers (hereinafter ”providers”, “users” or “you”) and client companies or private clients. For reasons of simplicity, this document uses the masculine form only, but this should be understood as referring to both genders. The bringing together of workers and client companies (“matching”) is performed using a highly automated process.
Use of the website or the app is free of charge for providers, client companies and private taskmasters. However, GoJobZZ takes a “fee” for each task being paid using platform.
By accessing the website or the app, the user indicates his agreement with these general terms and conditions of business (hereinafter ‘T&Cs’). By clicking the appropriate box when registering as a provider, client company or taskmaster, the user expressly agrees to these T&Cs.
The provisions of the T&Cs not only apply to use of the website or the app, they also form an integral part of any contractual relationship with GoJobZZ.
1.1. Other applicable terms
The following terms also apply to your use of this website or the app:
Our Cookies Policy (Part C) sets out information about the cookies on the website or the app. By using the website or the app, users, employees and client companies confirm that they comply with the terms of this policy.
The following terms will also apply to the provision of Our services (where relevant):
Our General Terms of the Assignment Contract or users registered as workers (called “providers”) on the website or the app.
Our General Terms of the Temporary Employment Contract users registered as client companies or private clients (called “taskmasters”) on the website or the app.
(together, the “Service Terms”)
- Who can use the website or the app and the services of GoJobZZ?
2.1. In General
The website and the app are intended solely for natural persons and legal entities, partnerships and corporate bodies with residence or registered office in Switzerland. The website and the app are not intended for persons who are subject to a legal order, which forbids the publication of or access to the website or the app, be it on the basis of the nationality of the person concerned, their place of residence or for other reasons. If one of those conditions is not met (anymore), then GoJobZZ can immediately block access to the website and the app without giving any reasons.
2.2. Specific Conditions for Providers
When registering as a provider on the website or the app, the user himself is responsible for ensuring that he is in possession of all documents and permissions required to work in Switzerland. By accepting an offer of employment, the worker further confirms that he is in possession of either a Swiss passport or a type-C permanent residence permit, or holds a valid work permit at the time of employment.
Should GoJobZZ establish that the above prerequisites have not been met despite statements to the contrary, the worker will be barred from the website and the app immediately and reported to the relevant authorities.
GoJobZZ must be informed immediately of any change in work status, and in particular of revocation or non-renewal of a work permit. In the event that the worker breaches this obligation to inform and/or reports for work without a valid work permit, he will be liable to pay GoJobZZ a contractual penalty of CHF 3,000.—. In either case, GoJobZZ reserves the right to claim for additional losses resulting from violations of these provisions.
2.3. Specific Conditions for Client Companies
Users registering on the website or the app as client company must be headquartered in Switzerland. The client company undertakes to observe and abide by all Collective Labour Agreements (hereinafter ‘CLA’) applicable to his company.
The client company is obliged to comply with all employment legislation, the provisions of the Federal Act on Data Protection and other legislation applicable to his company, and hereby confirms that he is in possession of all necessary permits for his company.
In the event that the client company fails to provide details of coverage under a CLA, or if these details are inaccurate or incomplete, the client company will be liable to pay a contractual penalty to GoJobZZ of CHF 5,000 .—.
GoJobZZ reserves the right to claim for additional losses resulting from breaches of this obligation.
- Registration of users
To be able to use the services of GoJobZZ on the website and/or the app, each user must first register on the website or the app. He will receive a user name and a password, which he must use for each login to the website or the app for identification purposes.
User name and password are to be kept carefully and not disclosed to any third party. Any damages resulting from the loss or third party knowledge of the user name and/or password are the user’s responsibility alone. Any liability on the part of GoJobZZ is excluded.
GoJobZZ is entitled to block, withdraw, shut down or alter all or part of the website and/or the app without prior notice. GoJobZZ accepts no liability for any periods during which the website or the app is unavailable for any reason.
Furthermore, GoJobZZ will not be held liable for damage caused by viruses or other malicious components as a result of use of the website, the app or of the server.
Users are responsible for taking all necessary measures to ensure they are able to access the website or the app. They are also responsible for ensuring that all individuals accessing the website or the app through their internet connection are aware of these conditions of use and of other applicable conditions of business, and that they also abide by these conditions.
Registered users may also take part in our recommendation program. If a user registers for this program he will be provided with a personal recommendation link, which he may forward to his contacts. Further details of this program and the applicable conditions are set out in a separate agreement concluded with the user.
- Blocking access to the website or the app
The users are obliged to answer all questions truthfully when registering as a provider, a client company or private client and to provide exclusively correct information. GoJobZZ reserves the right to make checks regarding accuracy.
If GoJobZZ should find out that untruthful or incorrect information has been given, the user’s access to the website and the app is blocked and the contractual relationship shall be terminated as of the earliest possible date. In case of inaccurate or untrue information, GoJobZZ also reserves the right to take legal action, including the filing of criminal charges.
The users are variously encouraged by the GoJobZZ system both at registration and also subsequently, to upload / submit information or documents. The users are obliged to follow these prompts within the specified period or, if no time limit has been specified, within three working days. If the users do not respond after two reminders, this entitles GoJobZZ to block their access to the website and the app. The blocking counts at the same time as termination of the contractual relationship as of the earliest possible date.
The access to the website and the app is also blocked and the contractual relationship deemed to be terminated as of the earliest possible date, if a worker or a client company, at registration, does not use the link sent by the agent, although registering on the website or the app due to the efforts of the agent.
However, the blocking and termination takes place only after consultation by GoJobZZ with all persons involved.
In addition GoJobZZ reserves the right at any time and at their discretion to block a user’s access to the website and the app, namely for example, if GoJobZZ’s reputation is at risk.
Claims for damages by a user, whose access to the website and the app has been blocked, are fully excluded.
4.2. Providers in Particular
A provider’s access to the website and the app will be blocked particularly, if the provider displays unacceptable behaviour in the service of a client company, repeatedly disregards the instructions of the client company, offers no excuse for not attending a job or commits crimes outside of the service for a client company, which significantly reduce his recruitment capacity through GoJobZZ.
A provider’s access to the website and the app can also be blocked by GoJobZZ, if his rating falls below a specified minimum.
4.3. Client companies in particular
The access of a client company to the website and the app is blocked in particular, if the client company cannot pay the invoices of GoJobZZ within the allotted time, if debt collection has been initiated against the client company or bankruptcy proceedings have been opened against it, or if the client company has applied for moratorium.
GoJobZZ reserves the right at any time to obtain debt enforcement information about a client company.
The access to the website and the app for a client company can also be blocked by GoJobZZ, if his rating falls below a specified minimum.
- Uploading content and contacting other users
5.1 Standard rules for posts by users
The standards set out in this section apply to your use of any feature that allows you to upload content to the website and the app and where you communicate with another user.
- your content and communications must:
- Be accurate (where they state facts);
- Be genuinely held (where they state opinions);
- Comply with applicable local, national or international law or regulation.
- Your content and communications must not:
- Contain any material which is defamatory of any person;
- Contain any material which is obscene, offensive, hateful or inflammatory;
- Promote sexually explicit material;
- Promote violence;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any copyright, database right or trademark of any other person;
- Be likely to deceive any person;
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- Promote any illegal activity;
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- Be likely to harass, upset, embarrass, alarm or annoy any other person;
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- Give the impression that they emanate from us, if this is not the case;
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
In addition to (a) and (b) above, where you communicate with other users, you must not:
- lie to or mislead other users;
- distribute unsolicited or unauthorised advertising or promotional material, or any junk mail, spam, or chain letters;
- contact other users for related purposes outside of the specific employment opportunity under discussion;
- use personal information about other users, including but not limited to their names, email addresses, and postal addresses, except with their express consent.
(together, the “Standards”)
5.2 Your contents
You warrant that your use of any feature that allows you to upload content to the website and/or the app and/or communicate with other user complies with the Standards, and you will be liable to us and indemnify Us for any breach of that warranty.
Any content you upload to the website and/or the app if you are a provider may be viewed by client companies We match you with, and if you are a client company with workers We match you with. If you are a provider, you can preview what information can be viewed by a client company for the purpose of selecting a provider for an assignment. You retain all of your ownership rights in your content, but you grant Us a perpetual, worldwide, non-exclusive, royalty- free, transferable licence to use, store and copy that content and to distribute and make it available to third parties in accordance with the previous sentence.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the website and/or the app constitutes a violation of their intellectual property rights, or of their right to privacy.
You may not disclose another user’s information to any third party except as required for the evaluation of employment of that user and subject to similar duties of confidence.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the website and/or the app.
We have the right to remove any posting you make on the website and/or the app if, in Our opinion, your post does not comply with the Standards.
The views expressed by other users on the website or the app do not represent Our views or values. You are solely responsible for securing and backing up your content.
For the purposes of quality assurance, GoJobZZ conducts a rating system, which is visible to every registered user.
Within three working days after completion of a job, the providers must rate the client company or private client and vice versa, and comment for example on friendliness, punctuality, reliability and expertise. The rating criteria can be redefined at any time by GoJobZZ.
The comments of the provider or the client company must be made conscientiously and correspond to the actual objective impression. If the user does not agree with a rating, he can, within five working days after the entry of the ratings on the website or the app, raise an objection in writing to GoJobZZ stating the reasons why the given rating does not correspond to objective criteria. In this case, GoJobZZ will try to find a solution with the affected parties. If an objection is not made in good time, the rating is considered approved and confirmed.