Effective Date: [●]
These Job Seeker Terms of Use and Membership Agreement (“Agreement”) are entered into by and between [Company Name], a company duly incorporated under the laws of the Republic of Bulgaria and registered with registration number [●], with its registered office at [address] (“Company” or “Deniz Kariyer”), and any natural person who uses the websites www.denizkariyer.net, www.denizkariyer.com and/or other domains, subdomains, mobile applications and similar digital platforms owned and/or operated by the Company (the “Platform”) for job search purposes (“Job Seeker” or “User”).
By using the Platform and/or creating a membership account, you acknowledge that you have read, understood and agreed to be bound by all the terms and conditions set out in this Agreement.
I. Definitions
Certain terms used in this Agreement shall have the meanings set forth below:
- Platform: All websites, mobile applications and related digital service infrastructure operated by the Company.
- Job Seeker / User: Any natural person who registers on the Platform or uses the Platform without registration for job search purposes.
- Employer: Any legal or natural person that posts job advertisements and/or searches for candidates through the Platform.
- Membership: The status acquired when the User creates an account on the Platform and accesses the Platform using a username and password.
- Profile / CV: All content created and/or uploaded by the Job Seeker on the Platform, including but not limited to resume, profile information, work experience, education details, certificates and documents.
- Services: All features and functionalities offered to the Job Seeker through the Platform, including job search, applications, profile creation, notifications, messaging and other similar services.
- Personal Data: Any information relating to an identified or identifiable natural person.
- Privacy Policy: The document published on the Platform that sets out the principles relating to the processing of personal data.
- Cookie Policy: The document that sets out the principles for the use of cookies and similar technologies on the Platform.
II. Subject and Scope of the Agreement
- This Agreement governs the terms of use of the Platform by the Job Seeker, as well as the rights, obligations and responsibilities of the parties.
- By starting to use the Platform and/or creating a membership account, the Job Seeker is deemed to have accepted this Agreement, the Privacy Policy, the Cookie Policy and any other rules and policies published on the Platform.
- The Company operates the Platform as an intermediary online career platform that brings Job Seekers and Employers together; the Company does not act in the capacity of an employer or employee.
III. Membership Conditions and Account Creation
- To register on the Platform, the Job Seeker must be at least 18 years of age under applicable law. Persons under the age of 18 are not allowed to register or use the Platform.
- All information provided during registration must be accurate, current and complete and must not contain information or documents belonging to third parties. The Job Seeker is solely responsible for any legal, administrative or criminal consequences arising from inaccurate or incomplete information.
- The Job Seeker is responsible for maintaining the confidentiality and security of the username and password associated with the account. The Company shall not be liable for any loss or damage resulting from the use of the account by third parties.
- The Company reserves the right, at its sole discretion and without providing any reason, to reject a membership application and/or to suspend or terminate an existing membership.
IV. Scope of the Services
The main services offered to the Job Seeker include, without limitation:
- Creating, editing and updating a profile/CV,
- Viewing and filtering job advertisements and submitting applications,
- Receiving notifications and/or emails about suitable positions,
- Communicating or messaging with Employers to the extent enabled by the Platform,
- Using other career and CV management tools that may be offered by the Company in the future.
The Company may, at its sole discretion, change the scope of the Services at any time, add new features, make some features partially or fully paid, or discontinue certain Services.
V. Platform Use Rules and Prohibited Activities
The Job Seeker agrees to comply with the following rules while using the Platform:
- The Platform shall be used solely for job search and career purposes.
- The Job Seeker shall not infringe the personality, privacy, intellectual property or any other rights of individuals or entities.
- The Job Seeker shall not share any unlawful, misleading, offensive, defamatory, threatening, obscene, hateful or discriminatory content on the Platform.
- The Job Seeker shall not upload or transmit any data containing viruses, malicious software, spam, chain emails or similar content and shall not engage in any actions that might compromise the security of the Platform’s infrastructure.
Prohibited Activities
- Creating fake CVs or profiles containing false information,
- Presenting IDs, diplomas, certificates or similar documents belonging to third parties as if they were their own,
- Attempting to gain unauthorized access to data belonging to the Platform or other users,
- Using bots, scripts, crawlers or other automated tools to scan, copy or otherwise manipulate the Platform,
- Republishing, selling or sharing the content and job advertisements available on the Platform for commercial purposes,
- Engaging in any technical attack or intervention that may disrupt or interfere with the operation of the Platform.
In the event of a breach of this Agreement, the Company may, without prior notice, temporarily or permanently suspend the Job Seeker’s account, delete any related content and, where deemed necessary, notify competent authorities.
VI. Fees
- The basic services provided to job seekers through the Platform are, in principle, free of charge. However, the Company reserves the right to introduce paid services or premium features.
- If paid services are offered, all applicable terms and conditions (such as price, payment method, renewal and cancellation) will be clearly set out on the Platform and/or in the specific terms for such services.
- The Job Seeker agrees to pay any applicable fees in full and on time for the use of paid services.
VII. Profile, CV and Uploaded Content
- The Job Seeker is solely responsible for the accuracy, currency and legality of all information, documents and content uploaded or entered on the Platform (including but not limited to resumes, photos, certificates, seaman’s books, licenses and references).
- The Job Seeker represents and warrants that they will not upload any content or documents that infringe third parties’ personality rights, privacy or intellectual and industrial property rights and that all necessary approvals and permissions have been obtained.
- The Job Seeker accepts that CVs and related content uploaded to the Platform may be viewed and reviewed by Employers and processed by the Company for the purposes of recruitment, candidate matching and profile recommendation, in accordance with the applicable data protection legislation (including, in particular, the General Data Protection Regulation – GDPR and relevant Bulgarian law).
- The Company may process the content provided by the Job Seeker for the purposes of providing the Services, ensuring system security and fulfilling legal obligations.
VIII. Messaging and Communication
- The Job Seeker may message or communicate with Employers via the Platform. The Job Seeker shall use a lawful, respectful and professional language in such communications.
- Messages exchanged through the Platform may be stored in the Company’s systems for a limited period for security purposes and as evidence in case of disputes.
- The Company may send notifications regarding the use of the Platform and the Job Seeker’s membership via email, SMS, in-app notifications or other channels. The Job Seeker may manage their preferences regarding commercial electronic communications in accordance with applicable legislation.
IX. Intellectual Property Rights
- All designs, logos, trademarks, domain names, software, code, databases, audio-visual content, texts, drawings, icons and similar elements on the Platform belong to the Company or its licensors and are protected by intellectual and industrial property laws.
- Without the Company’s prior written consent, the Job Seeker may not copy, reproduce, distribute, reverse engineer, decompile, disassemble or otherwise use any part of the Platform for commercial purposes.
- The Job Seeker grants the Company a worldwide, transferable, sublicensable, royalty-free right to use, display and make available the content uploaded by the Job Seeker (such as profile photos and certain visual materials in the CV) for the proper functioning of the Platform and for presenting such content to Employers. This right is limited by and subject to applicable data protection legislation.
X. Limitation of Liability
- The Company is not a party to and shall not be held responsible for any job interviews, negotiations, offers, employment contracts or similar processes between the Job Seeker and the Employer.
- The Company does not guarantee the accuracy, currency or legality of job advertisements or the information provided by Employers, nor does it guarantee the reliability or financial status of Employers.
- The Company does not warrant that the Platform will be uninterrupted or error-free. Access interruptions may occur due to maintenance work, technical failures, third-party service providers or force majeure events.
- The Company shall not be liable for any indirect, incidental, punitive or consequential damages (including but not limited to loss of profit, loss of business or loss of data) arising out of or in connection with the use or inability to use the Platform.
- In any case, the Company’s aggregate liability to the Job Seeker for direct damages shall be limited to the total amount, if any, paid by the Job Seeker to the Company for the use of the Platform during the period in which the event giving rise to the liability occurred (if the Job Seeker uses the Platform free of charge, the liability shall be limited to the lowest level permitted by applicable law).
XI. Personal Data Protection and Privacy
- The Company processes the Job Seeker’s personal data in compliance with the laws of the Republic of Bulgaria, the General Data Protection Regulation (GDPR) of the European Union and other applicable data protection regulations.
- Detailed information on the purposes of processing, legal bases, categories of recipients, retention periods and data subject rights is provided in the Privacy Policy and/or Data Protection Notice published on the Platform.
- By using the Platform and creating a membership account, the Job Seeker acknowledges that they have read and understood the Privacy Policy regarding the processing of their personal data.
- The Job Seeker may exercise their data subject rights, including rights of access, rectification, erasure, restriction of processing, data portability and objection, by submitting a request to the Company using the contact channels specified in the Privacy Policy.
XIII. Term, Amendments and Termination
- This Agreement enters into force when the Job Seeker starts using the Platform and/or creates a membership account and remains in effect until terminated by either party.
- The Job Seeker may terminate this Agreement at any time by closing their account and/or ceasing to use the Platform. Upon account closure, the retention, anonymization or deletion of personal data will be carried out in accordance with applicable laws and the Privacy Policy.
- The Company may, at any time, unilaterally update or amend the provisions of this Agreement, the Privacy Policy, the Cookie Policy and other documents governing the use of the Platform. The updated versions shall become effective upon their publication on the Platform.
- Continued use of the Platform by the Job Seeker following such updates shall be deemed as acceptance of the updated terms. If the Job Seeker does not accept the changes, they must stop using the Platform and close their account.
XIV. Force Majeure
Neither party shall be liable for any failure to perform its obligations (other than payment obligations) in whole or in part where such failure is due to force majeure events including, without limitation, natural disasters, war, terrorism, riots, governmental interventions, strikes, lockouts, infrastructure and internet failures, power outages or cyber-attacks.
XV. Assignment
- The Job Seeker may not assign any of their rights or obligations under this Agreement to any third party.
- The Company may assign its rights and obligations under this Agreement to its group companies or third parties in cases such as transfer of business, merger or demerger.
XVI. Notices
- Notices to the Job Seeker by the Company may be sent to the email address specified in the membership form, via in-app notifications on the Platform or by SMS.
- The Job Seeker is responsible for keeping their contact information up to date. The Company shall not be liable for any failure of notice resulting from outdated or incorrect contact information.
XVII. Governing Law and Jurisdiction
- This Agreement shall be governed by and construed in accordance with the laws of the Republic of Bulgaria.
- Any disputes arising from or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts and enforcement offices at the place where the Company has its registered office (for example, the courts of Sofia).
- Mandatory consumer rights granted to the Job Seeker under applicable local laws, if any, shall remain unaffected.
XVIII. Entry into Force
By continuing to use the Platform and/or by ticking the “I accept” box, the Job Seeker acknowledges that they have
read, understood and agreed to be bound by this Agreement.
This Agreement enters into force as of [●].