Unless otherwise agreed, these General Terms and Conditions (the “Terms”) will apply to all services provided by Jobcast AB, reg. no 559205-4901 (“Jobcast”, “we”, “us” or “our”), in respect of performing our services to you as an employer seeking to make available information regarding employment openings (the “Services”) through the mobile application “Jobcast” (the “App”).
By using the Services, you agree to these Terms and confirm that you fully understand the meaning of the rights and obligations in these Terms and that you will only use the Services for its intended purpose. Observe that the Terms constitutes the entire agreement between you and Jobcast and that Jobcast, in accordance with Section 16 below, reserves the right to update and amend these Terms from time to time.
2. THE JOBCAST SERVICES
The Services offered by Jobcast is built on the concept that new technology can improve the way companies recruit talents. The Services consists of providing a digital platform through the App enabling individuals looking for employment openings (“Job Seekers”) to access employment ads and other employment-related content (“Job Ads”) by audio as well as links to third-party websites with more information regarding such Job Ads. Job Seekers will thus be able to consume your Job Ads through the App in the form of audio episodes produced by Jobcast based on the Job Ads that you submit pursuant to these Terms (each an “Episode”). Thus, the Services may be used to connect companies that are looking to recruit new talents (“Employer”, “User”, or “you”) and Job Seekers.
As a User of Jobcast’s Services you are solely responsible for that your use of the Services is in accordance with (i) its intended use, (ii) these Terms and (iii) our instructions and guidelines, which have been provided to you from time to time. You may only use the Services at your own risk. Jobcast reserves the right to suspend a User’s access to the Services in the event Jobcast, acting reasonably, deems such User to be in breach of these Terms.
Since one of the purposes of the Services is to enable third parties to enter into agreements and other legal transactions with each other, we hereby declare that Jobcast should under no circumstances be considered as a party, an intermediator, an agent, a commission agent or in any other way as connected to our Users’ interactions and use of the Services, other than what is stated in these Terms that are entered into with every User.
Our intention is that the Services shall be available at all times and we strive to correct any errors and deficiencies without undue delay. By accepting these Terms, you confirm that Jobcast does not guarantee that the Services (or parts of the Services) will be provided without interruptions, disturbances, delays or other errors.
Jobcast offers you as a User the opportunity to use the Services by registering an account with Jobcast in the App. Registration is only possible for Employers who is a legal entity, and the representative of the Employer, by accepting these Terms, warrants that he/she has the authority to represent and act on behalf of the Employer to the extent required under these Terms (each such person an “Authorized Representative”).
User undertakes not to disclose its username and/or password to its account to any unauthorized person and to ensure that any documents containing username or password information are stored in such a way the unauthorized persons cannot access them. User shall promptly notify Jobcast if it is suspected that unauthorized persons know the User’s username and/or password. The same applies to cases where the User in some way has made it possible for unauthorized persons to access usernames and/or passwords, e.g. by loss of memory note or similar. The notification is considered submitted to Jobcast when the User has received confirmation of receipt of the notification.
Jobcast will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password as a result of your negligence or breach of these Terms.
4. SUBMISSION OF JOB ADS TO JOBCAST
Submission of Job Ads to Jobcast for creation of Episodes and publication in the App may only be carried out by an Authorized Representative of the Employer. For the avoidance of doubt, you hereby agree and acknowledge that Jobcast, in its sole discretion, administers the publication of Job Ads in the form of Episodes in the App pursuant to these Terms.
By submitting Job Ads to us, you hereby guarantee that you have the right and all necessary approvals to use the content shown, displayed or otherwise made available in every Job Ad and that we can publish the Job Ads in the App as well as to make the Job Ads available in the form of Episodes on platforms where podcasts can be listened to, for example, but not limited to, Spotify, Podcaster, Acast, iTunes, Google Podcasts etc., without any payment or obligation to you or anyone else. Further, you guarantee that the publishing of Job Ads as Episodes as part of our Services will not cause us to infringe the rights of any third party or to be in breach of any applicable laws or regulations. You hereby acknowledge and agree to compensate us for any losses we suffer as a direct result of any breach by you of any of the guarantees made by you according to this Section 4.1.
By submitting Job Ads to us, you hereby grant us and our subcontractors:
(i) a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, transferable and royalty-free license to use, copy, make, reproduce, display, perform, distribute, sub-license, delete, edit, prepare derivate works from, process, analyse and otherwise exploit the content contained in each Job Ad for the purpose of providing our Services;
(ii) a free, perpetual and non-exclusive right to use, process, change, modify, edit and distribute the Job Ads and/or parts of the Job Ads. For the avoidance of doubt, Jobcast hereby reserves the right to, in its sole discretion, and without having to obtain any form of consent from you, make any reasonable changes or modifications to the Job Ads that Jobcast deems necessary in order to have the Job Ads fit the model for publishing in the App and to convert and upload a Job Ad as an audio file, i.e. an Episode.
5. RULES REGARDING PUBLISHING
Employers must adhere to the following rules in order to have Jobcast published as Episodes in the App by Jobcast:
Job Ads shall be submitted to Jobcast in running text together with a brief description of the employment opening also in running text.
Job Ads should be in Swedish or English.
Job Ads are reviewed by Jobcast before they are published as Episodes. For the avoidance of doubt, Episodes are not subject to approval by you before it is published in the App. Should a Job Ad not pass Jobcast’s review, you may be given the opportunity to adjust the Job Ad and have it reviewed again, or Jobcast may make changes to the Job Ad in accordance with Section 5.5. No refunds of paid Credits (as defined herein) will be made in the event that a Job Ad does not pass the final review.
Employer is responsible for ensuring, and understands that:
(i) Job Ads are accurate, valid, complete and do not violate any applicable laws or regulations;
(ii) Job Ads do not contain confidential or proprietary information, intellectual property, personal data relating to third parties (including an individual’s name or other information which identifies a living individual) or trade secrets;
(iii) Advertising in the App must be ethically correct. It is therefore not permitted to publish Job Ads that may be offensive or defamatory against ethnic groups and/or individuals including, but not limited to, pornographic or political messages, prostitution, alcohol, drugs, tobacco, drugs etc.
(iv) Job Ads are placed in the most relevant category in the App. Placing the same Job Ad in multiple categories is not allowed. Jobcast has the right to change the category of a Job Ad in its sole discretion;
(v) Job Ads submitted to Jobcast for review clearly describes the vacancy advertised by the Employer. Thus, Job Ads containing only keywords will not be accepted. Other information such as descriptions of the Employer’s business (marketing), future employment openings or general offerings is not allowed in the Job Ads;
(vi) Only actual employment openings at the Employer is being advertised in each Job Ad. Thus, the employment opening referred to in the Job Ad in question must be possible to apply for based on the information set forth in the Job Ad;
(vii) Only one (1) employment opening per Job Ad is allowed.
(viii) The Job Ad must specify a location from where the work is to be carried out; and
(ix) Job Ads may not contain external links to anyone other than the Employer.
Job Ads are published as Episodes until the last application date you have chosen, but no more than 60 days. Thereafter, the Job Ads and Episodes will be automatically removed. Should you wish to renew a Job Ad, this is considered a new Job Ad and will incur additional fees.
Once a Job Ad has been published as an Episode, the User will receive an order confirmation via e-mail.
Jobcast does not guarantee the truthfulness, accuracy or reliability of the content shown in any Job Ads or any new content and/or material created by us as a result of us performing the Services pursuant to these Terms published in the App, including, but not limited to, the Episodes. You acknowledge and understand that any reliance on the accuracy of Job Ads and other employer-related content published and/or communicated between you and Job Seekers is at your own risk.
Jobcast reserves the right to, in its sole discretion, make any changes or modifications to Job Ads that Jobcast deems necessary to comply with these Terms and/or improve the quality of the Job Ad as well as to remove Job Ads and Episodes that Jobcast deems violates these Terms or applicable laws or regulations etc. Changing or removing Job Ads and Episodes in the App does not entitle the Employer to a refund of paid Credits.
Jobcast has no obligation to take any action against a User in relation to any content in the App that violates these Terms.
User understands and accepts that the number of visitors in the App varies from time to time. Thus, Jobcast cannot guarantee a certain number of visitors to the App or a certain number of listens to an Episode and bears no responsibility for such variation.
Jobcast assumes no responsibility for the result or outcome of the Employer’s publication of Job Ads as Episodes or the Job Seekers’ responds and/or applications in relation to a published Job Ad and Episode. Employer is solely responsible for Job Ads and Episodes published in the App. Jobcast cannot be held responsible for hiring decisions, regardless of the reasons, made by the Employer.
Employer is solely responsible for ensuring that the terms in this Section 5 are not violated.
6. FEES AND INVOICING ETC.
In order to publish Ads, you need to purchase Jobcast credits (“Credits”), which are available in the App. One (1) Credit may be used to publish one (1) Job Ad and Episode.
Information on current prevailing price plan for Credits is available in the App. By accepting to purchase Credits in the App, you accept that Jobcast issues an invoice to you in accordance with Section 6.3 below.
Payment for Credits is made against invoice with payment terms 15 days. Invoices will be issued in SEK excluding VAT.
If payment has not been made when due, Jobcast has the right to interest from the date on which the payment was due with the interest rate at each time prevailing according to the Swedish Interest Act (Sw. Räntelagen). Furthermore, Jobcast has the right to charge a reminder fee as well as remove any published Job Ads and Episodes paid for with Credits attributable to an unpaid invoice.
Each party shall be responsible for payment of any and all taxes, fees and other charges arising for such party in connection with the Services and pursuant to this Agreement.
7. RESTRICTIONS ON YOUR USE OF THE SERVICES
You hereby agree not to:
(i) copy the Services (or any part of them);
(ii) make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of them to be combined with, or become incorporated in, any other programs;
(iii) do anything which may disrupt, damage, or impair our Services (or any part thereof), or prevent other users from using any part of our Services;
(iv) deliberately exploit any bugs you find in our Services;
(v) use the Services for any purpose other than what isset out in these Terms; and
(vi) use our Services for any illegal or unlawful purpose.
Subject to these Terms, Jobcast hereby grants you a limited license to share Job Ads that have been published as Episodes in the App, but only in terms of distributing the specific link that would direct a third party to a certain Job Ad in the App or as an embedded link to such Episode. You hereby agree not to distribute, publicly perform or otherwise use Episodes solely for any public or commercial purpose.
8. DATA PROTECTION
We must process the Authorized Representative(s) personal data in order for us to provide the Services. All processing of personal data is carried out in accordance with current data protection legislation.
By accepting these Terms and using the Services, you warrant that you will process any personal data received by you in accordance with current data protection legislation.
8.4 For the avoidance of doubt, no subcontractors or third-party engaged by Jobcast to provide the Services will have access to any personal data.
We communicate with you and other parties involved in our Services in various ways (both online and offline). Our communication methods include, but are not limited to, communication via the internet, by e-mail, via our App and other digital tools as available from time to time. While these are effective means of communication, they contain security and confidentiality risks and we do not accept any responsibility or liability for any loss or damage suffered as a result thereof.
In these Terms “Confidential Information” means any confidential or proprietary information and documentation of a party or any of that party’s affiliates, including but not limited to, products, processes, techniques, trade secrets, specifications, research and development plans and internal affairs etc.
Each party shall take all reasonable efforts to protect Confidential Information received from the other party. Such efforts may not be of a lesser standard than the standard of care such party uses in the protection of its own Confidential Information. No party may use Confidential Information of the other party for any purposes other than in connection with the performance of the Services and each party shall make such Confidential Information available only to its employees, subcontractors, or agents having a “need to know” with respect to such purposes. In the event of the expiration or termination of these Terms for any reason, all Confidential Information of a party disclosed to and all copies thereof made by the other party shall be returned to the disclosing party or, at the disclosing party’s option, erased or destroyed. The obligations in this section shall not restrict any disclosure by a party pursuant to any applicable law, or by order of any court or government agency (provided that the disclosing party shall give prompt notice to the non-disclosing party of such order). Confidential Information of a party shall not be afforded the protection of these Terms if such data was (a) developed by the other party independently, (b) rightfully obtained by the other party without restriction from a third party, (c) publicly available other than through the fault or negligence of the other party, or (d) released without restriction to anyone.
11. INTELLECTUAL PROPERTY
Jobcast owns all rights, including intellectual property rights, to the Services, the App and the software used for providing the Services in the App, and nothing in these Terms shall be interpreted as a transfer of such rights (or part of such rights) to any User.
Jobcast shall, throughout the world, have the exclusive right of ownership in and to all intellectual property resulting from any and all Episodes created and published in the App pursuant to these Terms. By accepting these Terms, you hereby assign to Jobcast all right, title and interest in that intellectual property. You shall not at any time in any way question or dispute the ownership of such intellectual property rights owned by Jobcast.
Jobcast claims no ownership or control over Job Ads submitted to Jobcast and published in running text in the App, regardless of whether the text has been changed or modified by Jobcast in accordance with these Terms.
12. LIMITATION OF LIABILITY
The Services are provided “as is” without any warranties of any kind from Jobcast, whether expressed or implied, as to the accessibility, quality, suitability, accuracy etc. of the Services.
Jobcast hereby disclaims, to the extent permitted by law, from liability for any direct and indirect damages suffered by you as a User or any third-party in connection with the use of or obstruction in the use of the Services, regardless of how the damage occurs and whether the damage is caused by negligence or breach of contract on our part.
We will not accept any liability for any loss or damage suffered as a result of events beyond our control, which events we reasonably could not have anticipated at the time these Terms were accepted and whose consequences we could not reasonably have avoided or overcome.
Jobcast may use subcontractors for the performance of the Services and its obligations under these Terms and the User hereby accepts such use of subcontractors. Jobcast shall however remain responsible for the performance of such subcontractor as for its own.
14. COMPLAINTS AND CLAIMS PROCEDURES
We strive to ensure your complete satisfaction with our Services but if, for any reason, you are dissatisfied with our Services or have a complaint, please notify us as soon as possible so that we may investigate the complaint.
All complaints shall be submitted by e-mail to email@example.com as soon as you have become aware of the circumstances giving rise to the claim. We will handle all complaints as soon as possible and will thereafter get back to you with our final response in the matter.
If we or our insurers in respect of a claim decides to reimburse you, you shall, as a condition for such reimbursement, transfer the right to recourse against third parties to us or our insurers by way of subrogation or assignment.
Unless you have instructed us otherwise, once a Job Ad has been published as an Episode as a result of the use of the Services, we may disclose our involvement in the recruiting process by mentioning you as a customer on our website and in the App. This right shall survive the termination of these Terms.
These Terms may be amended by us from time to time. The latest version will always be available in the App and on our website: www.jobcastapp.com, and we advise you to review the App or the website periodically for any changes. A copy of the latest version of these Terms will be sent to you upon request.
Your continued use of the Services after an amendment of these Terms shall constitute an agreement by you to be bound by such amendment(s).
17. TERMINATION OF SERVICES
As a User of our Services you have the option to terminate these Terms by cancelling your account in the App by submitting such a request to firstname.lastname@example.org.
Jobcast is entitled, at its sole discretion and without prior warning, to limit your access to the App and the Services in the event that:
(i) there is a regulatory change that limits Jobcast’s ability to offer the Services in general and/or in a specific market;
(ii) any event beyond Jobcast’s control prevents Jobcast from providing access to the Services including, but not limited to, technical problems, capacity problems and communication problems; or
(iii) Jobcast believes that a User abuses the Services or otherwise acts in violation of these Terms.
Jobcast may terminate these Terms, and your use of the Services, at any time by giving you a 30 days’ prior written notice.
Your right to use the Services expires at termination of these Terms.
18. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and all issues in connection with them or the use of our Services shall be governed by and construed in accordance with the substantive laws of Sweden, without respect to conflict of law principles.
Any dispute, controversy or claim arising out of or in connection with these Terms or the breach, termination or invalidity thereof, or regarding our Services, shall be finally settled by arbitration in accordance with the Rules of Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. Unless otherwise agreed between us, the language to be used in the arbitral proceedings shall be Swedish.
All arbitral proceedings conducted in accordance with Section 18.2 above and all information disclosed in the course of such arbitral proceedings, as well as any decision or award made or declared during the proceedings, shall be kept strictly confidential. Such information, decision or award may not, in any form, be disclosed to a third party without the express consent of the other party. A party shall however not be prevented from disclosing such information in order to preserve its rights versus the other party or an insurance policy underwriter or if the party is required to disclose pursuant to mandatory law or stock exchange rules and regulations or similar.