Effective date as of October 1st, 2019
The following pages set out the General terms and conditions (“Terms and Conditions”) of our marketplace platform EFA JOBS („EFA JOBS“). The EFA JOBS, a website and services including (without limitation) www.efajobs.eu (the “Website”) and other all websites, mobile applications and other interactive properties through which the service is delivered (collectively, the “Services”) are owned, operated and distributed by E-F-A Associates s.r.o., with its registered office in Opletalova 1013/59, Prague 1, 110 00, Czech Republic, registered in the Commercial Register at City Court in Prague, Section C, under the reference number 312514 („EFA“ ).
The EFA JOBS marketplace Service allows creative professionals, members of creative comunity („Members“) to present their work experience in a public profile, present their „arts“ in the gallery, find business opportunities, jobs, lectures, internships („Offers“), download documents, team up with colleagues, partners or other members and allows employers and business account users of EFA JOBS Service to post jobs offers, lectures, business opportunities („Offers“)and find relevant creative professionals for their businesses. We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.Please note that while this Agreement describes EFA JOBS’s services generally, services may differ by availability, and you should check the Site in your location to see which services are available to you.
If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored on EFA JOBS, do not use the EFA JOBS Apply or EFA JOBS relay functions and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through EFA JOBS. By using the EFA JOBS Apply system, you fully consent to the above.
If you are a Job Seeker, you take a variety of actions on our Site. For example, you search for jobs, and EFA JOBS knows and stores the titles of jobs you search for and click on, where those jobs are located, any information, including salary interest or experience of which you have informed EFA JOBS, or the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on EFA JOBS, or any of your other behavior on the EFA JOBS site, when you use EFA JOBS. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an EFA JOBS account or an EFA JOBS-hosted resume, you agree that EFA JOBS may associate this data with your EFA JOBS profile and use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on EFA JOBS. You also agree that EFA JOBS may contact you based on this observed behavior for Employers or for EFA JOBS itself. Please note, although information may be sent to you by a third party through the EFA JOBS system, the aforementioned behavior does not include information relayed to you. However, EFA JOBS may publicly display the fact that you have recently used the EFA JOBS Site or the fact that you have recently used the EFA JOBS system to correspond with a third party. In addition, if you are located in the United States and you set your Resume to public, this means that EFA JOBS may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set your Resume to private.
If you are a Job Seeker, please note that EFA JOBS may automatically send you recommended jobs via the email address you use to create an EFA JOBS account or apply to a job. EFA JOBS may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself, searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through EFA JOBS.
Applying to offers through EFA JOBS
EFA JOBS may offer you the opportunity to receive a text message interview reminder from EFA JOBS when the Employer has scheduled interviews with you. In such an event you will enter your phone number on the EFA JOBS consent form and by entering your phone number you are representing and confirming it is your number and you have the right to accept text messages at the number. EFA JOBS will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone including messages sent by automated telephone dialing system. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to receive such text messages.In addition, by using EFA JOBS, you agree that EFA JOBS is not responsible for the content of the Employer’s Job Ad, application form, messages, screener questions, testing assessments or their format or method of delivery and that EFA JOBS does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that EFA JOBS does not choose the questions asked by Employers or decide the job qualification criteria of Employers. EFA JOBS is not responsible for the content or accessibility of Job Ads or other material provided by third-party Employers for publication. If you require alternative methods of screening or application you must approach the Employer directly to request such as EFA JOBS is not responsible for the Employer application process.
By using EFA JOBS Apply and answering screener questions, you acknowledge that Employers may have instructed EFA JOBS to send out rejection notices if you have not answered the questions in a manner that the Employer so wishes, and you acknowledge that EFA JOBS has no discretion in the transmission of these rejections. When you apply to a job using the EFA JOBS Apply button, EFA JOBS will attempt to send your application to the contact information provided to us by an Employer or their Agent. We cannot guarantee that such messages and applications will be delivered, received, read or acted upon. The messages including applications may not be delivered, may not be received, may not be read and may not be acted upon.
When you post a Job Ad directly on EFA JOBS, EFA JOBS may automatically generate for you a Company Page. You authorize EFA JOBS to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” and allows you to edit and add information to the Company Page. Company Pages allow User Content to be posted by individuals that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, EFA JOBS may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on EFA JOBS as well as those indexed by EFA JOBS. You agree that you are solely responsible for any content you put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page. EFA JOBS may additionally offer EFA JOBS Company Pages Premium, which includes certain features accessible only on a subscription basis and may be charged as indicated in an insertion order. EFA JOBS reserves the right to change or remove these features at any time, in EFA JOBS’s sole discretion. Additionally, these features may include analytics or other figures, which EFA JOBS does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose. Information on company pages may come from the respective company or may come from third parties.
Regardless of whether you are an Employer or Job Seeker, when you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, EFA JOBS may, for example, use such materials for data analysis, quality control, or to refine the Site or any other EFA JOBS product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through or using the Site, EFA JOBS may also inform a Job Seeker that an Employer has taken an action with regards to a Job Ad, Job Seeker’s Resume, or application such as pausing or closing a Job Ad, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Ad, and you hereby consent to EFA JOBS taking such actions. EFA JOBS assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, Career Page, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact EFA JOBS to do so.Regardless of whether you are an Employer or Job Seeker, EFA JOBS may use application materials (including resumes and responses to screener questions) and the recency of your activity on EFA JOBS to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. Regardless of whether you are an Employer or Job Seeker, you agree and consent that EFA JOBS may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. EFA JOBS may also use such information in order to improve the Site or any other EFA JOBS product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).
Regardless of whether you are an Employer or Job Seeker, EFA JOBS may provide certain categories of information to you for informational purposes only. For example, EFA JOBS may provide you with data regarding estimated salaries for a certain Job Listing, or about estimated applies to a Job Listing you may receive as an Employer. These figures provided by EFA JOBS are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are an Employer participating in the EFA JOBS Ads Program, please note that this is not the information you are purchasing from EFA JOBS and you are not charged per apply. EFA JOBS may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to EFA JOBS, including from EFA JOBS affiliates. These figures are given to EFA JOBS users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.Regardless of whether you are an Employer or Job Seeker, EFA JOBS may provide certain types of career-related or hiring-related information on its Website. All information contained in any EFA JOBS career or hiring guide is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that EFA JOBS may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search As a user of the Website, EFA JOBS may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.Regardless of whether you are an Employer or Job Seeker, EFA JOBS may provide you an online questionnaire relating to your industry and/or your hiring or job searching needs. EFA JOBS may match a Job Seeker’s responses to such questionnaires to determine, on the basis of the Employer’s responses to a questionnaire about its industry and/or hiring needs, whether such Job Seeker would match the Employer’s hiring criteria as specified in the Employer’s questionnaire responses. In the event EFA JOBS determines that a Job Seeker matches the Employer’s hiring criteria, EFA JOBS may connect such matching Job Seeker and Employer by sending a note informing both parties of the match, including but not limited to sending an Employer a short description of a Job Seeker taken directly from the Job Seeker’s responses to the questionnaire. In all events you will know what data we are providing to either a Job Seeker or Employer, or upon which we relied to make the match, because you have actively submitted it. If the Employer and Job Seeker express interest in each other, you agree EFA JOBS may provide the Employer with an email address for the Job Seeker either provided by EFA JOBS or the Job Seeker and, if you are a Job Seeker, you consent to this. Regardless of whether you are an Employer or Job Seeker, by submitting the completed questionnaire, you agree and consent to EFA JOBS conducting such matching, utilizing only material you have submitted through the questionnaire process, presenting matching Job Seekers to Employers, and vice versa and storing and analyzing such data submitted in response to such online questionnaires.
Beta or Test Products
EFA JOBS may offer beta test products or features on our Site. You will know that a product or feature is offered on a beta or test basis because the product name or feature will have the word “beta.” These beta test products or features may be offered in limited quantities, in limited locations, and for a limited time. EFA JOBS may discontinue or cancel all or part of a beta product or feature at anytime without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, MAY CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT AND/OR ACCOMPANYING MATERIALS.
If you are an Employer and have been invited to test a beta product or feature, you agree that, unless otherwise specifically provided herein or agreed by EFA JOBS in writing, any beta product or feature and any documentation provided corresponding with a beta product or feature constitute confidential proprietary information of EFA JOBS. You shall permit only authorized users, who possess rightfully obtained access to any beta product or functionality, access to the beta product or functionality or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of EFA JOBS.
Subject to your express consent, we will send you our newsletter on a regular basis. To obtain your consent we use the so-called double opt-in method, meaning that we will only send you our newsletters if you have confirmed your consent by clicking on the respective link in an email which we will send you for these purposes. In the event that you no longer wish to receive our newsletters you can object at any time by using the deregistration link embedded in any of our newsletters or your customer account. Alternatively you can deregister by sending us any kind of text message e.g. via mail, email to any of our following contact addresses:
Mail to: Unique One s.r.o.
Fax to: +420 224 247 043
Opletalova 1013/59, 110 00 Prague 1, Czech Republic
Email to: email@example.com
All EFA JOBS-websites and -offers are non-binding and can be subject to change. Any information on our websites is subject to permanent alterations and is routinely examined for actuality. EFA JOBS does not assume, however, any warranty as to correctness, completeness, accuracy and actuality of such information and details. EFA JOBS expressly reserves the right to change or delete its websites and offers in whole or in part, or temporarily or permanently discontinue the websites without any prior announcement. If an advertised event of EFA JOBS has to be cancelled or cannot take place, we will inform registered Users in due course provided that they have not expressly and separately objected to receiving notifications and newsletters from EFA JOBS. In no event, however, will EFA JOBS be liable for costs and expenses incurred by the Users because an event is cancelled or cannot take place. Notwithstanding the foregoing, the statutory liability applies in cases of intent and gross negligence by EFA JOBS. In other respects, EFA JOBS shall only be liable in cases of minor negligence in accordance with the German Product Liability Act and in cases of damages resulting from loss of life, physical injury or detrimental effects on health, as well as in cases of violation a key contractual obligation required to render the proper execution of the contract at all possible, and adherence to which the User can normally expect (cardinal obligations), whereby the liability is limited to damages foreseeable and typical at the time of entering into the contract. Beyond that, any liability of EFA JOBS is expressly excluded. This limitation on liability also applies in favour of any vicarious agents of EFA JOBS.
Content / Intellectual Property Rights
EFA JOBS and all websites of EFA are protected under copyright law – ©Copyright 2019 to EFA Associates s.r.o. All rights reserved.
All texts, pictures, graphics, and the layout on our websites are protected by law. This applies, in particular, for trademark, patent, and related rights as well as for all other forms of intellectual property rights. It is not permitted to reproduce and/or distribute any individual content of our websites, either in part or in full and/or of complete individual pages unless this content is obviously provided for this purpose. Violations will be pursued under civil and criminal law. Any linked websites and their contents are to the full responsibility and liability of the respective operators.
EFA JOBS considers the protection of personal data extremely important. Hence, our websites and offers are in accordance with the current laws for data protection. For further information please read our Data protection and privacy terms.
Applicable Law / Place of Performance and Legal Venue
These Terms and Conditions are exclusively governed by the law of the Czech Republic, excluding the UN Convention on Contracts for the International Sale of Goods. The legal venue for all disputes arising from these Terms and Conditions and use of the KFW&S-websites respectively, is Prague if the contracting parties are merchants, legal entities under public law or special assets under public law, or if at least one of the contracting parties does not have a general legal venue in the Czech Republic, or if after conclusion of the agreement or notification of these Terms or Conditions the party moves its domicile or residence outside the Czech Republic, or if its domicile or residence is unknown at the time at which legal action is initiated.
E-F-A Associates s.r.o., Czech Republic