General Terms and Conditions of ZENJOB Limited

As of: February 2022

§ 1 Subject matter of the contract and scope

ZENJOB Limited, First Floor 1, Cottesbrooke Park Heartlands Business Park, Daventry, UK, with the Company number 13668885, represented by the managing directors (hereinafter “we” or “ZENJOB”), provide you via our website www.zenjob.co.uk  (hereinafter the “Website”) or via the ZENJOB application (hereinafter the “App”) with an online platform (Website and App hereinafter the “Platform”) through which we connect you to interested companies looking for agency workers / work seekers (hereinafter the “Companies”) and through which you (hereinafter the “User”) can create a user account within the scope of these General Terms and Conditions (hereinafter “GTCs”) in order to receive offers of jobs and (short-term) assignments for the Companies through us (hereinafter “Assignment” and all together hereinafter “Service”). For the application for such Assignments you have to sign a contract of service (hereinafter “Contract of Service”), which – for the avoidance of doubt – does not constitute a contract of employment between you and us or you and the Company. The Contract of Service sets out the entire agreement between ZENJOB and the User for the supply of services to a Company and shall govern all Assignments undertaken by the User (including, for the avoidance of doubt, where you undertake an Assignment without having signed these terms). No contract shall exist between ZENJOB and the User between Assignments.

The use of the platform is free of charge and only permitted to natural persons of legal age who do not operate a business or are otherwise commercially active and have a work permit to legally work in the United Kingdom.

Exclusively the following GTCs along with the respective Contract of Service to be concluded between you and ZENJOB apply for the use of the Platform and business relationships between you and ZENJOB (for more details on the process, see § 5). Deviating conditions will not be accepted unless ZENJOB expressly agrees to their validity in writing.

§ 2 Registration, user account

In order to use the service, you must first register via the Platform and thus create a user account.

To register directly with ZENJOB, you must provide a valid email address for yourself and choose a password. By clicking on the “Register now” button you agree to the GTCs and Privacy Policy of ZENJOB valid at the time of your registration.

ZENJOB accepts this offer by sending you a confirmation email to the email address that you provided on registration. We declare acceptance under the condition precedent that you click on the activation link provided in the confirmation email within five (5) days at the latest. By clicking on the activation link, a contract is concluded between you and ZENJOB for the use of the services (hereinafter the “Usage Contract”). We reserve the right to refuse your registration without giving reasons.

You may only register if you have full legal capacity to do so.

You may only have one user account at any time. If you register more than once despite this and have more than one user account at the same time, we will delete all of your user accounts except for the oldest. We reserve the right to delete all your user accounts.

Your user account is not transferable to third parties.

We reserve the right to delete your user account if you have not used the Service for a period of at least six months or if we can no longer contact you at the email address you have provided or if we do not receive any response from you.

ZENJOB may, at its own discretion, make the use of the Platform subject to certain conditions in whole or in part, in individual cases or in general, and will inform the User of this in good time.

§ 3 Data within the user account, location data, completeness, duty to tell the truth

After the Usage Contract is concluded, you can provide further information about yourself within your user account (such as first and last name, date of birth, address, educational qualifications, skills, etc.), which will then be (partially) visible to registered Companies looking for employees after you click on the respective “Send data now” button.

After the Usage Contract is concluded, you allow ZENJOB to collect, store and use location data about the use of the App on your end device. You can deactivate this function at any time, in which case it will unfortunately no longer be possible to use the Service. You can find out exactly how this works in our Privacy Policy.

All the information that you provide in your user account must be complete and truthful. If your details or data change during the term of the Usage Contract, you must immediately amend this in your user account. ZENJOB has no control over the content and accuracy of this data and information. However, you can have your personal data blocked or deleted by ZENJOB at any time or have incorrect data rectified. You can find out exactly how this works in our Privacy Policy.

In the event of changes to your details which appear to us to be suspicious or unusual, or which cause us to suspect misuse, we are entitled to contact you by the email address or mobile number you have provided and to question the change.

§ 4 Confidentiality and security

The confidentiality and security of your information and data is important to us. The collection, processing and storage of your data takes place exclusively with your consent and/or in accordance with the provisions of the applicable UK General Data Protection Regulation (UK GDPR). You can find more detailed information about how your details and data are handled in our Privacy Policy.

Keep your log-in data, especially your password, confidential and protect it from access by others. You must not allow anyone else to access your user account. If you know or suspect that your account has been misused by others or that a third party knows your password, you should notify us immediately by emailing [email protected]

ZENJOB has the right, at its sole discretion, to request proof of identification from the User, with or without special cause. ZENJOB reserves the right to delete the user account if the User does not comply with the request within a period set by ZENJOB.

§ 5 Job offers, Contract of Service with Zenjob, Assignments

You can register directly in the ZENJOB App. After your documents and entries have been checked and accepted by us, your identity will be checked. After your identity has been verified, you will be asked to sign the Contract of Service in the ZENJOB App. The Contract of Service does not establish an employment relationship between you and ZENJOB.

After that, offers for Assignments from Companies (hereinafter “Job Offers”) suitable for you will be filtered and displayed to you in the ZENJOB App by means of push notifications.

The Job Offers initially represent non-binding information and selecting such a Job Offer does not necessarily mean the Assignment will successfully transpire.

If an Assignment is offered via the ZENJOB App, you can “apply” for this Assignment by clicking the “Apply now” button. This is constituted as a binding offer (hereinafter “Offer”) to us by you, to which you are bound subject to the statutory regulations.

If you are selected for the job, ZENJOB will be sent you an assignment schedule (hereinafter “Assignment Schedule”), which constitutes the “Acceptance” of your offer. You then have to accept the Assignment Schedule in the ZENJOB App by checking a box.

The User will commence an Assignment with the relevant Company on the agreed date.

Information that is important to the execution of the relevant Assignment, including the consequences for you and your obligations in the event of illness, etc., can be found in the relevant Contract of Service.

§ 6 Prohibited use

Any use contrary to this GTC or to applicable law is prohibited. In particular, it is prohibited:

  1. to integrate into the user account or a job application content that violates the copyrights, personal rights, trademark rights or other rights of third parties;
  2. to integrate content into the user account or a job application content that violates legal provisions or is prohibited;
  3. to provide incomplete or untrue information;
  4. to change information and data in a manner contrary to the truth or to falsify it;
  5. to open a user account or submit a job application in the name of a third party;
  6. to enter pictures, details or data of other persons;
  7. to transfer your user account to third parties;
  8. to share your access data and your user account with other persons or grant other persons access to them;
  9. to modify, manipulate, circumvent, overload, attack, attack using viruses or malware, or otherwise interfere in an unauthorised manner with the Service, the Platform or the underlying software and security measures.

It is also forbidden to use the information or contents acquired via the Platform

  1. on online portals contrary to the terms of use of the respective online portal;
  2. in connection with information, content and websites that violate the rights of third parties, in particular copyrights and personal rights;
  3. in connection with information, content and websites that violate legal provisions or are prohibited.

ZENJOB has the right, at its sole discretion, to temporarily or permanently block or delete access to your user account if we have reason to believe that you are using your user account or related content in a prohibited manner. Before we permanently suspend or delete your account, we will contact you by email and give you a reasonable opportunity to respond. If we permanently block or delete your user account and your identification document due to prohibited use, you will not be able to register again.

§ 7 Responsibility of the User, indemnity

In order to prevent and/or mitigate damages, you are primarily responsible for preventing avoidable damages to yourself and third parties by using the control options that we provide for the administration of your user account.

In all disputes between the User and third parties related to the user content provided by the User, the User is solely responsible for the legality of the content used by them. Should third parties assert associated claims against ZENJOB, the User shall indemnify ZENJOB against any claims by third parties resulting therefrom. This does not apply if the User is not responsible for the violation.

In the event of a claim by a third party, the User is obliged to provide ZENJOB immediately, truthfully and completely with all information that may be necessary for the claims to be investigated and a defence to be mounted. The User will bear all reasonable costs incurred by ZENJOB due to an infringement of third-party rights, including the reasonable costs incurred for legal defence.

§ 8 Liability of ZENJOB

ZENJOB has no control over and assumes no liability for the content that Users or the Companies make available via the Platform.

The User has no entitlement to registration.

ZENJOB will make reasonable efforts and take precautions to provide a secure and consistent Service. Nevertheless, malfunctions due to technical faults or maintenance work are possible.

ZENJOB’s liability for damages caused by and in connection with the exercise of rights and obligations arising from this Usage Contract is excluded. No provision of these terms shall exclude or limit liability for death or personal injury arising from a Party’s negligence, fraud or fraudulent misrepresentation or for any other loss which is not permitted to be excluded by law as well as the liability of Zenjob if it negligently provides software that damages an individual’s device.

Neither Party shall be liable to the other Party, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, or otherwise, for any indirect or consequential loss or damages which may be suffered or incurred by the other Party arising out of or in connection with the Contract.

 

The liability of ZENJOB shall – taking into account the previous two sentences – in any case be limited to typical contractual and foreseeable damages.

The exclusion and/or limitation of liability of ZENJOB also applies to the legal representatives and vicarious agents of ZENJOB.

§ 9 Privacy

ZENJOB collects, processes and stores personal data exclusively in accordance with the provisions of UK GDPR. Please also refer to the Privacy Statement, which can be accessed at any time on the ZENJOB website, regarding the User’s consent and further information on the collection, processing and use of data.

§ 10 Blocking, deletion, termination

You have the option to delete your User Account at any time. ZENJOB has the right to terminate this Usage Contract with a notice period of two weeks.

In the event your user account is deleted by you or by ZENJOB, this Usage Contract is terminated automatically.

§ 11 Changes to these GTCs

ZENJOB reserves the right to change these GTCs at any time, provided that the changes do not unreasonably disadvantage the User. The changes are considered approved if you do not object to them by sending an email to [email protected] within four weeks of our notification. In the event of an amendment to the GTCs, we will specifically draw your attention to the possibility of objecting and the significance of the deadline. If you exercise your right to object, we have the right to delete your user account with effect from the date on which the amended GTCs are set to come into force.

§12 Miscellaneous

These GTCs and the Usage Contract regulated therein are subject to the United Kingdom. The place of jurisdiction is the registered office of Zenjob Limited.

Headings are provided for convenience only and have no significance in the interpretation of this Contract.