SAWAJOB TERMS AND CONDITIONS OF USE 

Last update: May 1, 2023 

PREAMBLE 

Whenever you access or use SAWAJOB's online or mobile services and websites, any SAWAJOB mobile application and browser extension or plug-in (collectively, the "SAWAJOB Applications"), regardless of the download platform, as well as any software, service, feature, software, service, feature, program or other product provided by or on behalf of SAWAJOB relating to or connected with such services or websites (collectively, the "Site"), including, without limitation, all products, programs and services described in the Terms of Use, (a) you certify that you have read and understand the Terms and Conditions ; and b) you agree to the terms and conditions of these Terms of Use.  

Please note that SAWAJOB and its subsidiaries are directly or indirectly owned by a parent company: KIKUN DIGITAL.  

Terms of use common to all users:

The following terms and conditions apply to anyone who accesses, uses or attempts to use any part of the Site or accepts this Agreement. By accessing or using the Site, you agree to the terms of this Agreement. You agree that SAWAJOB may perform the activities described in this Agreement, and you acknowledge that otherwise the Site may not operate as intended. You agree not to submit or post any commercial communications on the Site. Use of the Site for commercial communications is a violation of this Agreement. If you do not agree with any part of this Agreement or do not wish to permit the activity described herein, please discontinue use of the Site. You acknowledge that you have read and understood SAWAJOB's cookie policy and privacy policy.

Terms of use for job seekers 

As a job seeker, you may only use the SAWAJOB Site and its content for non-commercial purposes.  

1/ Job advertisements or offers 

SAWAJOB may make available advertisements promoting job opportunities and other job-related content, such as links to third party sites, via search results or in any other way on the Site.  

Searching for Advertisements on SAWAJOB is paid for by Job Seekers.  

The Advertisements are created and provided by third parties who are not under the control of SAWAJOB. Therefore, if you leave the SAWAJOB website and choose to access a third party website, you agree to any terms of use imposed by that third party. 

SAWAJOB may provide a functionality allowing you to refine the results of the search for Advertisements according to the type of job (full time, part time, etc.). These types of jobs are created independently and entirely by SAWAJOB and may not directly or precisely reflect the content of the Advertisements.  

2/ CV and profile  

By creating a public CV via the Site (SAWAJOB CV) or by importing a CV in the form of a file on the Site, you request and give SAWAJOB permission to make your CV available to any person accessing our site. These persons may include Employers who may be interested in your CV or any person who has access to the URL associated with your public CV. You are responsible for the accuracy and updating of your CV.  

By creating a SAWAJOB CV or by importing a CV in the form of a file, you authorise SAWAJOB to share with you the Advertisements which correspond to the content of your CV.  In order to combat fraud, SAWAJOB may hide or conceal your contact details such as your email address or telephone number in your SAWAJOB Profile, your CV or your application. In this case, it may replace them by a synonym or an alias.

3/ Applying for jobs through SAWAJOB  

To ensure the quality of the site and services, SAWAJOB may, at its sole discretion, impose limitations on your ability to apply for jobs through SAWAJOB or to use other SAWAJOB services.  

Once you provide your application to the Employer, this information is no longer under their control. If you wish to have this information deleted or modified, you must address this request directly to the Employer.  

When you ask SAWAJOB to transmit an application or a message for you, the platform reserves the right to modify the format of your application or your message. 

When you apply for a job via SAWAJOB, you authorize SAWAJOB, on your behalf, to collect your application documents, your CV, your answers to the pre-selection questions, your answers to the assessment or any other information and to transmit them to the Employer. However, there is no guarantee that these will be received, opened, viewed or responded to.  

Note: Advertisements may expire between the time you submit your application and the time it is received. SAWAJOB accepts no responsibility for expired Advertisements or for the distribution of applications before an Advertisement has expired.  

With regard to pre-selection methods, SAWAJOB does not choose the questions asked by the Employer and does not determine the qualification criteria of the Employers for the jobs concerned.  

4/ Matching of offers and recommended jobs  

Job matches are recommendations that can be presented both to you, as a Job Seeker, and to the various Employers in different formats on the site. For example, SAWAJOB may recommend jobs that are similar to the ones you have recently applied for, or recommend CVs to Employers that match the Ads they are posting.  

To generate matches, SAWAJOB uses data collected on our site from Employers and Job Seekers.  
SAWAJOB may automatically send you recommended jobs to the email address you used to apply for a job or to the one associated with your SAWAJOB account.

5/ Communication and Other Actions on the Site 

When you consult, send, store or receive communications or documents (including Job Offers, CVs, messages, applications, questions and answers to applications, as well as any other information) on or via the Site, you agree to the processing, analysis, examination and recording of your communications and documents, including by automated means, for the purposes of data analysis, quality control, enforcement of the Site rules and other SAWAJOB policies, content moderation, as well as to improve the Site and any other SAWAJOB product or service, whether by automated means or otherwise. 

When an Employer consults, sends, stores or receives communications or materials through or using the Site, SAWAJOB may inform you of these actions. In addition, we may also inform you that an Employer has taken other actions with respect to an Advertisement, Your CV or your application, such as suspending or closing an Advertisement, opening your CV or application, viewing and responding to them, and making a decision regarding your application or the Advertisement. 

In all cases, these messages and notifications are provided for informational purposes only and should not be relied upon. If, for example, you accept a request for an interview, it is your responsibility to follow up separately with the Employer to ensure that the Employer is aware of your response, and not to rely on notifications received through SAWAJOB. Furthermore, SAWAJOB does not guarantee the transmission or retention of such informative notifications, nor does it guarantee their delivery or receipt, nor the time and date at which they may have been sent. In the event that a message is intended for a closed account, it will not be possible to transmit it. 

If you have enabled browser push notification and wish to disable it, you can do so by visiting your browser settings.

As a Job Seeker, you should not create or submit any Response that :  

• contains highly confidential personal information, such as bank or credit card information, online account information, social security numbers (or similar equivalents), health information, or other categories of data subject to special breach notification requirements in any country;  
• contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other unsolicited commercial communication (unless expressly authorized by us in writing);
• directly or indirectly violates the Site Rules. 

SAWAJOB's obligation to pay damages is limited as follows: for damages caused by the breach of a material contractual obligation, SAWAJOB shall be liable only for the amount of the damage typically foreseeable at the time of the conclusion of the contract; SAWAJOB shall not be liable for damages caused by the breach of a non-material contractual obligation 

6/ Professional development services 

When filling out forms associated with the Professional Development Services, you agree to provide complete and accurate information. Any information you share through forms, including a resume, constitutes User Content that will be treated in accordance with the User Content sections set forth herein. 

SAWAJOB may, as part of the Career Development Services, offer you the opportunity to connect with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resume writing, or career strategies, either through the Site or in person. Regardless of how you interact with these third parties, you acknowledge that they are not employees of SAWAJOB and that SAWAJOB is not responsible for the content of these discussions, nor for any action taken or not taken based on the content of these discussions. You must not share with these third parties any information that you consider confidential or personally sensitive. SAWAJOB does not guarantee the quality or effectiveness of any advice, recommendations or guidance you may receive from such third parties. You agree that, to the extent permitted by law, SAWAJOB shall have no liability in respect of any discussions you may have with any such third party.

Payment, Cancellation and Termination of Professional Development Services.  

To the extent that you use a paid version of the Professional Development Services offering, you will be charged for such use as indicated on the Site. Subject to the limited cancellation rights described below, refunds (if any) are at SAWAJOB's absolute discretion and will only be in such form as SAWAJOB deems appropriate in its sole discretion. You acknowledge and agree that SAWAJOB may share any credit card, bank account and other billing and payment information with companies working on its behalf, such as payment processors. 

If you wish to terminate your use of the Professional Development Services, you may do so at any time. SAWAJOB may also, at its sole discretion, refuse to offer the Professional Development Services to anyone without giving any reason. 

Terms of Use for Employers:

The following terms of use apply to all Employers and other users who access or use the Site for the purpose of making information available regarding job vacancies on their own behalf or on behalf of others, including, but not limited to, agencies purchasing services for multiple parties, or for individuals who agree to this Agreement. For the avoidance of doubt, where the Terms of Service for all users interfere with the Terms of Service for Employers, you agree that the latter shall prevail.

For the purposes of Section B of the SAWAJOB Terms and Conditions of Use, all references to "You" or "Your" are to You, as an individual or organization, accessing the Site as an Employer. 

1/ Employer Accounts 

When creating a SAWAJOB account, Company Page or Job Postings promoting job vacancies or other content related to Job Postings, including links to third party websites ("Job Postings" or "Advertisements") on the Site, the terms and conditions associated with the SAWAJOB services you are using and all SAWAJOB policies apply to you. 

If you are an Employer, your account is intended for business use, not personal use. SAWAJOB declines all responsibility if your email address is abused or fraudulently used by a third party. By creating an account, you agree to receive mandatory warning emails in case of abnormal activity on your account. If you attempt to send an email with a name or address that is false, inaccurate, invalid or incomplete, we reserve the right to disregard such email, and any attempt to do so is a violation of our terms. Employers may request that SAWAJOB deactivate an account at any time by contacting the Employer Help Centre. Please note that SAWAJOB may be required to retain business records belonging to that account in accordance with its legal obligations.  

In some cases, multiple users may be linked to the same account ("Linked Account"). A Linked Account is created when the owner(s) of the main account (the "Administrator(s)") of an Employer invite other users to the same account. The Administrator(s) may provide these other users with varying levels of access and functionality ("Roles") within the account, as described on the Site, such as accessing account data, including Candidate Personal Data contained in the inviting user's account, or purchasing services from SAWAJOB from that account.

If you are an Administrator who adds a user to one or more Roles, you certify to SAWAJOB that you are an authorized representative of that account and that you have the requisite authority to permit access to and sharing of such data. You further agree to indemnify and hold SAWAJOB harmless from and against any and all charges, claims, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to attorney's fees) arising out of the sharing of such data, access to your account and any purchases made from your account. 

Change of Address: If you have provided us with a billing address and choose to change it, you will remain bound by this Agreement with the same SAWAJOB entity for the remainder of the calendar month in which you made the change. As of the first day of the following calendar month, you agree to be bound by this Agreement with the SAWAJOB entity indicated in the first paragraph of this Agreement for the new territory. 

If your SAWAJOB Employer account has a pre-registered payment card for the payment of a SAWAJOB product or service, SAWAJOB may charge this card for any additional products or services ordered. 

You agree that SAWAJOB may send notifications to Job Seekers informing them that an Employer account has been compromised, including if said account is linked to you. SAWAJOB does not guarantee, nor can it guarantee, that such notification will always be sent or received, and you therefore agree that SAWAJOB disclaims any liability in this regard. SAWAJOB does not offer any guarantee and declines any responsibility with regard to the correctness, completeness, reliability or timely delivery of such notifications. 

2/ Correspondence of offers 

Job matches are recommendations that can be presented both to you as an Employer and to Job Seekers in different formats on the Site. For example, SAWAJOB may recommend CVs that match the Advertisements you have posted, or recommend to Job Seekers Advertisements that are similar to those they have recently applied for. The matching of jobs is provided to you in beta version and is subject to the Terms of Use of the products and services in beta version.

To generate matches, SAWAAJOB uses data collected on our Site from Employers and Job Seekers. This data includes Advertisements, CVs, application documents (including answers to screening questions), SAWAJOB Assessments, as well as user activity on SAWAJOB (such as the searches they perform and the Advertisements they click on and apply to). You agree that SAWAJOB may use this information for the purpose of presenting potential matches to you and potential Job Seekers, and you consent to this. 

3/ Salary, applications and other information provided by SAWAJOB 

SAWAJOB may provide information and content to users for informational purposes only.  

All salaries are approximations based on various information provided to SAWAJOB by third parties, including SAWAJOB's subsidiaries. These salaries are only provided to SAWAJOB users for general comparison purposes. SAWAJOB may also communicate data on impressions in relation to your Advertisement. This information is provided for information purposes only and without any guarantee of accuracy. It may change at any time. SAWAJOB reserves the right to change the method of measurement of this data at any time. 

4/ Communication via SAWAJOB 

You may receive messages, emails or email notifications relating to your or a Job Seeker's activity on the Site or any other service, product or communication feature provided on or through the Site.

In all cases, these messages and notifications are provided for information purposes only and should not be relied upon excessively. If, for example, you wish to invite a Job Seeker to an interview, it is your responsibility to follow up separately with the Job Seeker to ensure that he/she is aware of the interview and not to rely on notifications received through SAWAJOB. SAWAJOB does not guarantee the transmission or retention of such informative notifications, nor does it guarantee their delivery or receipt, nor the time and date at which they may have been sent. In the event that a message is intended for a closed account, it will not be possible to transmit it. 

If you, or anyone on your behalf, send or receive a communication on or via the Site (including by sending or receiving a communication to/from an email address alias assigned by SAWAJOB and/or by using an email address other than the one associated with your account), you consent to the processing, analysis, examination and recording of your communication, including by automated means, for the purposes of data analysis, quality control, application of the rules of the Site and other SAWAJOB policies, content moderation, as well as to improve the Site and any other SAWAJOB product or service. 

5/ Applicable law and dispute resolution 

This agreement and any dispute arising out of or in connection with it, or otherwise related to the Site, shall be governed by the laws of the Republic in which the Employer account was created.