PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE OTHER INFORMATION MADE AVAILABLE BEFORE REGISTERING FOR THE COMOTO SERVICES. PARTICIPATION IN THE COMOTO SERVICES IS THE CONFIRMATION THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR USE OR PARTICIPATE IN THE COMOTO SERVICES.
CHANGED June 21, 2012 in accordance with 17.4 below
Terms & Conditions – Candidates
1.1. The following definitions shall apply:
1.1.1. “Candidate” shall mean an individual who has published his/her work experience information in a profile via the Website.
1.1.2. “the Website” shall mean Comoto.com.
1.1.3. “You” and “Your” shall refer to you as a Candidate and/or user of the Network.
1.1.4. “Us” “Our” “We” shall refer to Comoto ApS, by Comoto ApS, CVR no. 28130023, with an address at Nødbrøndsvej 23, Døjringe, 4180 Sorø, Denmark.
2. Contracting parties
2.1. These Terms and Conditions (the “Agreement”) are entered into between You and Comoto ApS.
3. Personal information
3.2. Comoto is an encrypted site and We respect Your personal information and undertake to comply with the Danish Act on Processing of Personal Data and thereto related legislation, statutory codes and official guidance from time to time in place.
4. Purpose of agreement
4.1. This Agreement regulates Your access to and usage of the Network, the purpose of which is to:
- Plan your next permanent or contract job move by getting access to opportunities not available from other sources.
- Benefit from help and guidance from Comoto, your trusted friends to improve your careers by creating, optimizing and managing your CV.
5. Your rights and obligations
5.1. You may:
5.1.1. Create an account depicting Your professional experience by completing the predefined template.
5.1.2. Access the Website for Your own personal and non-commercial use.
5.2. You may not:
5.2.1. Create more than one account using the same log-in email address.
5.2.2. Use the Network or any part thereof for any illegal purpose and agree to use it in accordance with applicable law, statutory codes and official guidance.
5.2.3. Falsely state or otherwise misrepresent Your identity, or impersonate another person, including but not limited to the use of a pseudonym, or affiliations with a person or entity, past or present.
5.2.4. Upload, transmit or distribute unsolicited commercial emails or any material which is defamatory, offensive or of any obscene or menacing character, which may in our sole and unfettered opinion cause annoyance or inconvenience or anxiety to any person including without limitation racial, harassing, threatening, vulgar or abusive material, opinions or messages.
5.3. Account and Password: You will have to choose a log-in email address and a password. For safety purposes, we urge You to change the password from time to time. It is Your responsibility to safeguard the log-in email and password You select from any unauthorized use and You are fully responsible for all activities that occur under Your password or account with or without Your knowledge. Passwords are for the sole use of the person to whom they are issued. We may deny access to a password if we reasonably believe that an unauthorized person is using it or that the use is breaching these Terms and Conditions.
5.4. Report of abuse
5.4.1. You are requested to report any unauthorized use of the Website to Comoto ApS.
6. Rights and obligations of Comoto ApS
6.1. Comoto ApS shall provide the technical frame for the Website; however, we assume no responsibility whatsoever for any information made available on or through the Website.
6.2. We reserve the right to act as an employment agency under this Agreement. Any application of any other system of law other than Danish law is hereby excluded to the maximum extent permissible. We reserve the right to decline to deal with, process or be a party to any transaction which may, in Our sole and unfettered opinion, make Us or the said transaction subject to such other legal system. Nothing in this clause 6.2 shall restrict Our rights to act as set out below in clauses 6.10, 6.11 or 6.12.3 respectively or to exercise any other rights which We have under these Terms and Conditions.
6.3. All information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and We will not be liable for any errors or omissions in any content.
6.4. We have the right to monitor activity and content on the Website but are not obligated to do so.
6.5. We reserve the right to remove any information, which we deem to be misleading, deceptive, inaccurate or of an unacceptable standard.
6.6. We cannot guarantee the identity of any other Candidate with whom You may interact during Your use of the Website.
6.7. Whilst We endeavor to ensure the quality of the Website, We make no warranties as to the truth or accuracy of the information posted by Candidates or other third parties.
6.8. We will use our reasonable endeavors to maintain the Website in a full operating condition and error free.
6.9. We undertake to make all reasonable efforts to ensure a reasonable standard of integrity and reliability of the service.
6.10. We reserve the right to modify or withdraw, temporarily or permanently, Our services in full or in part, with or without notice to You, without us being liable to You or any third party.
6.11. We reserve the right to suspend Your access to the Website or any services provided by us if we have reasonable cause to suspect that You are in any breach of any of the terms of this Agreement.
6.12.1. Comoto ApS shall endeavor to operate the Website in accordance with ethical conduct within the IT industry.
6.12.2. Comoto ApS shall maintain a reasonable and updated protection against illegal electronic or physical intrusion, malicious damage, theft, hacking or other security breaches of similar nature that can give unauthorized access to the Website.
6.12.3. Comoto ApS reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of high volume traffic or other traffic that result in degradation of system processing and response time. Comoto ApS will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. Comoto ApS further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
7. Personalized content
7.1. Your experience will be customized in accordance with the information supplied by You via Your account from time to time. We may display information for You from ourselves or third parties when You are logged in, including advertisements, which we find of interest to You. We will handle the information supplied by You as how we reasonably believe we best can handle your interest, but You agree that we shall have no financial liability to You in the event of errors or misjudgments.
8.1. Your profile will be published on the Website with the level of privacy chosen by You. Your profile will be made public and be made searchable unless you choose to turn this feature off.
8.2. It is Your responsibility to carry out such checks and verification procedures as are customary and prudent given the circumstances.
9. Effective date, term and termination
9.1. This Agreement enters in to force on the date where You agree to the terms of the Agreement by initiating the use of the Website.
9.2. We may immediately and without prior notice terminate this Agreement and Your access to the Website, including Your account, with or without cause. Your breach of any of the terms of this Agreement or relevant laws, regulation, statutory codes or official guidance will always result in termination of this Agreement.
9.3. You may ask Us to delete Your profile, including removal of access to the Website, deletion of Your password and all information contained in or associated with Your account. A deleted profile cannot be reactivated; hence, if You wish to join the Website again at a later point in time You must create a new account.
10. Prices, remuneration and terms of payment
10.1. You may create and maintain Your account with the Website for free.
10.2. We reserve the right to charge for access to the Website or any related or added service or feature, change of prices, add new services or discontinue the services provided under this Agreement or any portion thereof by giving you one (1) month written notice. This notice may be posted at Your account and the 1-month period shall be calculated from the date of posting.
11. Site availability
11.1. We use our best efforts to ensure that the Website is available to users of the internet 24 hours a day, 7 days a week. However, at times the site may be partially or completely unavailable due to maintenance, technical faults or reasons beyond our control such as failures by third party service providers or a risk of virus attack. We will deal with these situations as quickly as reasonably possible, but You agree that we shall have no financial liability to You in the event of such unavailability.
12.1. Comoto ApS has a right to assign all its rights and obligations pursuant to this Agreement to a third party.
12.2. You cannot assign any rights or obligations pursuant to this Agreement to a third party.
13. Intellectual property rights
13.1. All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Comoto ApS. You are permitted to use this material only as expressly authorized by Comoto ApS.
13.2. The material and content contained in the Website is made available for Your personal and non-commercial use only and You may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.
14. Limitation of liability
14.1. The services offered via the Website are provided to You “as is”. We make no representations or warranties of any kind whatsoever express or implied, in connection with this Agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose. We do not warrant that the use of the Website will lead to a specific result for You or any third party.
14.2. Comoto ApS shall ensure, that the Website and software and hardware hereto is adequately protected against unauthorized access, including, but not limited to, hacker and virus attacks. However, Comoto ApS is not liable for damages that are triggered by such unauthorized access.
14.3. Our liability for any loss or damage suffered by You as the result of Your use of the Website is limited to Your cost paid in accordance with 11.2 and further limited to Your actual direct damages and, except in the case of our fraud, excludes any loss of future earnings, profit or prospects or any consequential or speculative loss.
14.4. Matters pertaining to You
14.4.1. Comoto ApS shall not be liable for losses of any kind. Comoto ApS shall neither be liable for losses of any kind resulting from among others:
- Caused by Your negligent actions;
- That relate to errors that will only appear by Your use of the Website in an abnormal manner or in a manner that is not described in the Agreement;
- Otherwise caused by events for which You bear all risk, including, but not limited to, failure of compliance by Your other suppliers, failure of compliance by You, fire, sabotage, overloads, viruses, etc.
14.5. Comoto ApS assumes no responsibility for third party software and can as such not be held responsible for losses caused by third party software.
15.1. You agree to indemnify, defend and hold harmless Comoto ApS as well as our directors, officers, employees and local country partners from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to Your use (or the use by any other third party accessing the Website using your user name and password) of the Website.
16.1. Comoto ApS continues to improve the services of the Website and new services are added from time to time.
16.2. Comoto ApS will make efforts to ensure that alterations and new services will not reduce the functionality of the Website but provides no guarantees to this end.
17. Severance. Survival. Amendments
17.1. If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.
17.2. No waiver by Comoto ApS shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17.3. Each provision of this Agreement shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
17.4. We may amend this Agreement by thirty (30) days notice on the Website. If You do not agree to such amendments You may terminate this Agreement in accordance with Section 9.3.
18.1. In the course of providing You services, We may need to communicate with You via email. In the course of creating Your account You have agreed to receive emails that relate to the daily operation of Comoto’s services.
18.2. The Parties can communicate with binding effect via mail, fax or email unless otherwise stated in the Agreement. Furthermore, We may communicate with binding effect via notices posted on Your account on the Website. Email notices to You will be sent to Your log-in email address or any of the addresses depicted in the contact details in Your account at the date of the notice.
18.3. Notice given to Comoto ApS shall be sent to the address:
18.4. An email shall be deemed as sent, when the email is sent from the IT system, whereto the sender’s email address is connected. An email shall be deemed as having come to hand, when the email is received in the IT system, whereto the receiver’s email address is connected.
19. Dispute resolution
19.1. This Agreement is subject to Danish law without regard to Danish conflict of law rules. Any and all disputes concerning the understanding and scope of this Agreement shall be settled by the County Court of Copenhagen, Denmark.
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