Legal
The terms governing the rights and obligations between You and dojob in connection with the Service.
1.1 These Terms of Service are the sole terms that govern the rights and obligations between You and Us.
1.2 The Terms shall be to the exclusion of all other terms and conditions (including any terms and conditions which You purport to apply under any document) and prior agreements or arrangements between the Parties.
1.3 dojob and You may each be referred to as a "Party" and collectively as the "Parties".
2.1 In these Terms, the following words and expressions shall have the following meaning unless the context otherwise requires:
3.1 Each order for the Service by You from Us shall be deemed to be an offer by You to purchase the Service subject to these Terms.
3.2 No order placed by You shall be deemed to be accepted by Us until an acknowledgement of order is issued by Us or the Service is provisioned to Your account.
3.3 Any written quotations given before the acknowledgement of order shall expire thirty (30) calendar days from the date of quotation unless withdrawn in writing sooner. Verbal quotations are provided for budgetary guidance only.
4.1 Unless otherwise expressly agreed, all fees are quoted in US dollars (USD).
4.2 The price payable for the Service shall be the price as stated by Us at the time of order. For information on the prices applicable to the Service, please contact Us by using the contact details on Our website.
4.3 We specifically reserve the right to change the prices of Our Service at any time and without notice; existing subscription terms will continue at the agreed price until the end of the current billing period.
4.4 Unless expressly stated otherwise the price payable for the Service shall be exclusive of VAT or sales tax (if applicable).
4.5 Payment is non-refundable, unless otherwise expressly agreed or required by applicable law.
4.6 Unless otherwise expressly agreed, payment shall be made in advance for the applicable billing period.
5.1 The Service is provided on a subscription basis and is accessed online. We will provision the Service to Your account upon acceptance of Your order.
5.2 We endeavour to make the Service available continuously, but We do not guarantee uninterrupted access. We may suspend access for maintenance, upgrades or to address security or stability issues.
5.3 We will not be liable for any loss, damages or penalty resulting from temporary unavailability of the Service. If the Service becomes permanently unavailable, Our sole liability will be to refund any prepaid, unused portion of the subscription fee.
6.1 You are required to register with Us and create a profile in order to use Our Application.
6.2 We reserve the right, in Our sole discretion, to accept or reject Your registration to use Our Application. The registration necessitates that You provide Us with information pertinent to You, such as Your name, e-mail address or other information which naturally correlates with the Application.
6.3 The Application is for personal use only. You warrant not to sell, rent, lease or otherwise charge any service or any information derived from the Application.
6.4 You understand that You are responsible for maintaining the confidentiality of passwords associated with the Application. You are solely responsible for selecting a password that is not easily guessed and for keeping your password safe and agree not to transfer or resell Your use of or access to the Application to any Third Party. If You have reason to believe that Your profile is no longer secure, You must immediately notify Us and You must promptly change Your password by updating Your profile information.
7.1 Each Party agrees that the electronic consent provided by You prior to initiating the use of the Application are intended to authenticate this in writing and to have the same force and effect as Your manual signature and shall be effective to bind You to the Agreement.
7.2 Persons below the age of 13 are prohibited from using the Application. In the event that You are between the ages of 13 and 18 or the relevant age classifying You as a minor within a respective jurisdiction, the parent or guardian of such individual must consent to the Agreement prior to using the Application.
8.1 We will deliver the Application at Our sole discretion and We are under no circumstances obliged to deliver the Application accordingly to Your wishes.
8.2 You agree that We may in Our absolute discretion, block, terminate or suspend Your use of the Application to You at any time with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Application by others, without liability to You.
8.3 If You wish to terminate Your use of the Application, You may do so by deleting Your own profile, or by notifying Us at any time. Termination of Your profile may result in the deletion of any or all of the User Data. You are solely responsible for ensuring that You have the necessary backups of the User Data that You desire to retain when Your access to the Application is terminated.
8.4 Unless otherwise agreed or prescribed in law, this Agreement remains in force until terminated by either Party in accordance with these Terms.
9.1 While using the Application, You agree to adhere to the following acceptable use policy:
10.1 We encourage user involvement and would be happy to receive Your feedback, ideas or suggestions pertaining to the Service. Please note that any material that You transmit to Us will be considered non-confidential and non-proprietary. With respect to all such communication, You give us an unrestricted, irrevocable, worldwide, perpetual and royalty-free right to use, reproduce, display, publicly perform, transmit and distribute such information.
11.1 The Service, including, but not limited to, its design, components, interactive features, as well as any other Intellectual Property Rights, whether registered or unregistered, are proprietary to us, our affiliates or to other companies where so indicated and we reserve all rights not explicitly granted. Under no circumstance do we grant to You by implication, estoppel nor otherwise any right, title, licence or interest in any Intellectual Property Rights, unless otherwise specified herein.
11.2 The Service is offered for sale and sold by Us on the express condition that such sale does not convey any right, express or implied, stated or otherwise, under any intellectual property or manufacturing process. You are strictly prohibited from filing for ownership of any of Our Intellectual Property Rights.
11.3 We and Our licensors expressly reserve all Intellectual Property Rights in the Service.
11.4 Without limiting the foregoing, all software included in the Service (including any updates to such software provided to You, if applicable) is licensed to You, not sold, and You shall not transfer any such software apart from the Service or otherwise rent, loan, lease, sell or otherwise transfer to or permit use thereof by any Third Party.
11.5 You may not modify, enhance, improve, remove, delete, amend, augment, reverse engineer, decompile, or disassemble the Service or attempt to discover its underlying structure, ideas or algorithms, develop, test, enhance or calibrate any models, systems or software that are similar to the Service or otherwise facilitate other products or services that are derived from the Service.
11.6 You shall not remove or otherwise alter any of Our trademarks, logos, copyrights, notices or other proprietary notices or indicia, if any, fixed or attached to Confidential Information, Intellectual Property Rights or any parts thereof.
11.7 The name, logo and mark "dojob®" are registered trademarks of Dojob AS. You may not use them without Our prior written consent, except to refer to the Service in accordance with these Terms.
11.8 You shall immediately inform Us of an infringement or suspected infringement of Our Intellectual Property Rights.
12.1 You expressly covenant and agree not to use, reveal, divulge or make known, directly or indirectly, any Confidential Information for the benefit of any entity, organisation or individual other than for Your own use of the Service, without the express, prior and written approval of Us, and for as long as such information could be deemed to constitute Confidential Information.
12.2 The term "Confidential Information" shall not include any information which You can demonstrate is:
12.3 The perpetual duties of non-disclosure as stipulated in this Clause shall survive Your use of the Service without expiry or survive for the maximum extent permissible pursuant to applicable law.
12.4 You agree that any User Data provided by You, save and except for any personal data (which may include Your full name, postal address, telephone number etc.), the use of which is governed by Our Privacy Policy, will be treated as non-confidential and non-proprietary and that nothing contained in the Agreement shall restrict Our right to collect, use and analyse User Data, statistics and other non-personal data relating to the provision, use and performance of various aspects of the Service for product improvement purposes.
13.1 The performance of the Agreement entails processing of personal data and is governed by Our Privacy Policy.
14.1 You shall retain all rights to the User Data.
14.2 Subject to applicable privacy law, We are granted an unrestricted, irrevocable, worldwide, perpetual and royalty-free right to use, display, store, broadcast, transmit, modify, copy, distribute, reproduce, adapt, print, publish, perform, sublicense or exploit the User Data solely for the purposes of providing and improving the Service.
14.3 You acknowledge that We cannot guarantee the security of the Internet and the possibility of interception or corruption of User Data transmitted from You to Us.
15.1 You are solely responsible for determining whether You can utilise the Service in accordance with applicable law pertaining to data protection, marketing and export restrictions etc., and warrant that in carrying out its obligations under the Agreement it will not breach applicable law or do or omit to do anything that might cause Us to be in breach of the same.
15.2 For the avoidance of doubt, You must observe and comply with all applicable regulations and legislation. We make no representation and accept no liability in respect of Your ability to use the Service in any particular jurisdiction.
16.1 Notwithstanding anything to the contrary, We may use the name and logo of You in Our marketing during or after the expiry or termination of the Agreement, provided that You are a business customer.
16.2 Neither Party shall, at any time during the Term of the Agreement and thereafter, make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, or take any action which may, directly or indirectly, disparage the other Party. Notwithstanding the foregoing, nothing in the Agreement shall preclude a Party from making truthful statements that are required by applicable law, regulation or legal process.
17.1 The Service is provided "as is" and to the fullest extent permissible pursuant to applicable law and notwithstanding any conditions, warranties, express or implied by statute, common law, law of equity or otherwise, We make no representations or warranties, expressed or implied, and hereby disclaim and negate all other warranties, including, without limitation, warranties or conditions of usefulness, timeliness, reliability, completeness, accuracy, adequacy, merchantability, fitness for a particular purpose or likely results of the use of the Service — including any outcomes of Your job search, interview process, or employment outcome.
18.1 To the fullest extent permissible pursuant to applicable law, You shall indemnify, defend, and hold Us and Our officers, agents and other representatives and licensors harmless from all demands, claims, actions, causes of actions, proceedings, suits, assessments, losses, damages, liabilities, settlements, judgments, fines, penalties, interest, costs and expenses incurred (including fees and disbursements of legal counsel) of every kind based on:
18.2 Subject to Clause 18.3–18.5, We shall indemnify and hold You harmless from and against all losses, expenses, costs, claims (including reasonable legal fees), damages, liabilities, fines, actions, and proceedings brought against You by any Third Party arising out of Our infringement of the intellectual property rights of any such Third Party.
18.3 We shall have no obligations under Clause 18.2 to the extent any claim is based on:
18.4 If the Service is held to infringe the intellectual property rights of a Third Party, We will, at Our own expense, in Our sole discretion use commercially reasonable efforts either (a) to procure a licence that will protect You against such claim without cost to You; (b) to replace the Service with non-infringing services; or (c) if (a) and (b) are not commercially feasible, terminate the Agreement with immediate effect and provide You with a refund of any prepaid, unused portion of the subscription fee.
18.5 In the event a claim is commenced against You due to Our infringement of the intellectual property rights of a Third Party, You shall (i) inform Us of such claim immediately and provide Us with all reasonable and necessary assistance and information relating thereto, and shall take all necessary action to mitigate Your damages with respect thereto; and (ii) give full power and authority to Us to respond to, conduct any negotiation regarding and control the defence of, any action regarding such claim on behalf of and in the name of You and Us.
18.6 You shall not agree to any settlement, nor make any admission or take, or fail to take any action, in each case, where such admission, action or failure to act could reasonably be expected to prejudice the defence of a claim from a Third Party.
19.1 To the maximum extent permissible pursuant to applicable law, We will not be liable to You or others for loss of profits or for any special, indirect, incidental, reliance, exemplary, punitive or consequential damages, including without limitation, damages for loss of business profits, loss of goodwill, business interruption, loss of business information and/or data, missed employment opportunities, or rejected applications, howsoever caused and whether arising under contract, tort (including liability for negligence or breach of statutory duty), negligence, or other theory of liability arising out of the Agreement or out of the use of or inability to use the Service.
19.2 To the maximum extent permissible pursuant to applicable law, the total, maximum, aggregate liability of Us for all damages, losses, and causes of action or claims (whether in contract, tort or otherwise) arising out of or in connection with the Service or these Terms, shall in no event exceed the lowest of (a) the amounts paid by You to Us in the twelve (12) months preceding the event giving rise to the claim, or (b) the highest allowable threshold permissible pursuant to any mandatory and applicable law.
19.3 The limitations of liability contained herein will not apply in case Your loss has come as a result of Our gross negligence or wilful misconduct.
19.4 Unless expressly stated herein, any liability incurred by Us shall be towards You. We will not incur any liability for any reason towards Third Parties.
19.5 Unless otherwise prescribed by law, any cause of action or claim You may have with respect to Us, must be commenced within three (3) months after the claim or cause of action arises.
20.1 You agree to receive communications from Us in an electronic form and that all terms, conditions, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
20.2 If You have any questions regarding the Service or wish to bring a complaint to Our attention, please contact us, and We will endeavour to respond to You promptly and will provide You with details of what further action You can take if You are not satisfied with Our response. We will investigate all complaints and if a complaint is found justified, We will take all reasonable steps to resolve the issue.
21.1 You may not assign or otherwise transfer in whole or in part, voluntarily or involuntarily, or by operation of law, the Agreement or the duties or rights therein, without Our prior written approval. Any assignment by You without such approval shall be deemed to constitute a violation of the Agreement, and its content shall be void.
21.2 We may transfer Our rights and duties under the Agreement to a Third Party if the assigned party, at the time of the assignment, is financially and technically capable of performing Our obligations under the Agreement, and that the assigned party expressly assumes and agrees to perform such aforementioned obligations.
22.1 Except for Your obligation to make payments, non-performance of either Party's obligations shall be excused to the extent the performance is prevented by unforeseen circumstances beyond the Parties' control. The Party claiming force majeure shall notify the other Party without undue delay.
22.2 Each Party may terminate the Agreement if a substantial part of its performance is prevented for more than 60 days. You shall pay the agreed price for any Service that was provisioned before the termination of the Agreement.
23.1 You acknowledge that We may amend these Terms with two weeks' notice placed by e-mail or in-product notification. The change will take effect from the expiry of the notice period. Where You do not accept the amendment, You shall be entitled to terminate the Agreement by giving seven (7) calendar days' notice from the date the e-mail was sent, provided that the changes have a material adverse effect. Where the Agreement is not terminated by You within the aforementioned time, You shall be deemed to have accepted the new Terms of the Agreement.
23.2 If any provision of the Agreement is held by a court of competent jurisdiction or other competent authority to be void, voidable or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question shall not be affected.
23.3 The Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the Parties relating thereto and is binding upon the Parties and their permitted successors and assigns.
23.4 Nothing contained in the Agreement is intended or shall be construed to confer upon any Third Party any rights, benefits or remedies of any kind or character whatsoever, or to create any obligation of a Party to any such person.
23.5 No failure or delay by a Party in exercising any right, power or privilege under the Agreement, and no course of dealing between the Parties hereto, will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege under the Agreement.
23.6 Nothing herein contained shall constitute a partnership between or joint venture by the Parties hereto or constitute any Party the agent of the other.
23.7 Those clauses of the Terms which based on their nature are meant to survive the expiration or termination of the Agreement, shall survive such expiration or termination. This includes, without limitation, Clauses 4, 11, 12, 14, 16, 17, 18, 19, 23 and 24, and all other provisions of the Agreement that by their nature are intended to survive the expiration or termination of the Agreement.
23.8 The Agreement shall be governed by and construed in accordance with the laws of Norway, without regard to its choice of law principles. The Agreement will not be governed by the conflict of law rules or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
23.9 You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations are not allowed and to the fullest extent permissible pursuant to applicable law, you waive your respective rights to a trial by jury. Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof shall be brought before the courts of Oslo, Norway as the agreed venue, except that We may, at Our own option, bring suit for collection in the country where You are located.
24.1 Each Party agrees that the electronic signatures or consents of the Parties used to enter into a contractual relationship are intended to authenticate this in writing and to have the same force and effect as manual signatures of such Party and shall be effective to bind such Party to the Agreement.
24.2 The Parties agree that an Agreement entered into through digital solutions shall be deemed: (a) to be "written" or "in writing"; (b) to have been signed, and (c) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or "printouts," if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the Parties to the same extent and under the same conditions as other original business records created and maintained in documentary form.