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TERMS AND CONDITIONS (FOR APPLICANTS)

General business conditions of for applicants
 
Scope of Application
The following conditions shall apply between natural persons seeking employment (hereinafter referred to as “Applicants”) and Mussenbrock & Wang GmbH, Heinrich-Hertz-Strasse 131, 22083 Hamburg - Germany, (hereinafter referred to as “Portal Operator”) regarding the utilization of the webpage retrievable under www.sinojobs.com  (hereinafter referred to as the “portal”).

2. Object of the Agreement / User Accounts / CV Database

2.1. The Portal Operator makes the portal available free of cost to the Applicant, who can use it to learn about job advertisements with reference to China and present himself and his résumé to employers registered for the accessible database (CV database). The Applicant can select whether his résumé is related to his person or is made accessible anonymously to registered employers.

2.2. To enter his résumé into the closed CV database, the Applicant must first create a user account (candidate account) by entering his first name and surname, e-mail address, and other optional information. This data is not published. The Applicant may design only one candidate account.

3. Login Data and Employer Communication Confidentiality

3.1. The Applicant is hereby obligated keep the login data for his candidate accounts a secret. Only he shall have access to this data. It may not be transmitted to a third party.

3.2. The Applicant is hereby obligated to to treat communications sent through the portal by employers as confidential. He may store and use them only for the purpose of testing an employment offer and for personal use.

4. Entering a Résumé into the Database
The Applicant shall make his résumé accessible to registered employers on the portal by going into his candidate account and following the corresponding menus for the creation of the résumé. Clicking the button "Publish Résumé" will cause the résumé to be stored in the candidate account, where it will be made accessible in the selected form for employers registered for the CV database.

5. Jobletter
Applicants can sign up for the free weekly electronic newsletter (Jobletter), when creating their candidate accounts by checking the corresponding box. Applicants may cancel this subscription at any time by deactivating the check box in their candidate account or by activating the link at the end of the Jobletter named: "Unsubscribe SinoJobs Jobletter".

6. Charges / Cancellations of Candidate Accounts / Content

6.1. Utilization of all functions of the portal shall be free of charge to Applicants.

6.2. Applicants may use their candidate accounts to edit and delete content entered into the portal system at any time, and may delete their candidate accounts by clicking the corresponding button in the candidate account itself. Upon cancellation of a candidate account, all data related to the Applicant shall be deleted from our system and from the CV database.

7. Storage Duty / Applicant’s Duty to Retain Copy

7.1. The Portal Operator shall have no obligation towards the Applicant for the storage of content in the candidate account and in the closed user area of the portal. The Portal Operator reserves the right to delete any content provided by the Applicant following e-mail communication of this deletion.

7.2. It shall be the duty of the Applicant to maintain backup copies of content entered into the portal system.

8.  Portal Accessibility
The Portal Operator shall provide no guarantee to the Applicant regarding the accessibility of the portal. Planned maintenance work will be announced through a non-binding e-mail.

9. Portal Operator Liability Regarding Employment Contracts and Portal Content

9.1. The Portal Operator only offers a platform for the publication and/or distribution of profiles and advertisements. The portal is neither economically nor legally bound to any work contract or other employment contract concluded between an Applicant and an Employer.

9.2. The Portal Operator shall not be obligated towards the Applicant to review job advertisements, employer profiles, or résumés with regards to their truthfulness or legal admissibility. The Portal Operator shall exert no influence over said contents.

10. Inadmissible Contents / Exemption from Liability

10.1. The Applicant may, in particular, not distribute the following contents through the portal:
•    Legally protected content (brands, trademarks, titles, business symbols etc.) insofar as this is unauthorized;
•    Discriminating content and other disparaging remarks;
•    Private information about a third party without its permission;
•    Copyright and/or intellectual property right- protected content (photos, graphics, pictures, musical lyrics and/or audio files, text etc.) insofar as this is unauthorized;
•    Content in violation of child and youth protection regulations.

10.2. The Applicant hereby releases the Portal Operator from any liability and damages resulting from the publication of its content over the portal. This damage also includes required costs for legal defence and/or prosecution.

Please note, only the German version of this translation is legally binding.

Hamburg, 24.10.2012