MyJobNow Terms of Use

The following Terms of Use, along with all the other policies mentioned in this document or other documents referred to herein, constitute the binding legal agreement (hereinafter referred to as the “Agreement”) between MYJOBNOW S.M.P.C., with registered office in Athens, Michalakopoulou Str. No. 52, with TIN 800962412 and General Commercial Registry No. 145835301000, or other affiliated to it companies (collectively hereinafter referred to as “We” or “MyJobNow”) and the users (hereinafter referred to as “you” or the “User”) of this employment search and offer website https://www.myjobnow.com/ as well as the respective mobile applications (apps) that are owned and used by the MyJobNow platform (hereinafter referred to as the “Platform”). By subscribing to the Platform you, either as an Employer or as a Job Applicant, agree to be bound by these Terms, including the relevant Platform instructions, information and procedures as well as the relevant Policies of MyJobNow.

1. Platform and Service General Terms of Use

The MyJobNow Platform provides an electronic market (marketplace) of employment search and offer that is directed to any person or entity, using the platform (hereinafter referred to as the “User”) either as: (i) a User who wishes to post an employment advertisement (hereinafter referred to as the “Job Offer”) or to use the services offered by MyJobNow to its Users (hereinafter referred to as the “Service”) regarding the search of employment candidates (hereinafter referred to as the “Employer”) or (ii) any User, in addition to the potential Employer, that seeks employment (hereinafter referred to as the “Job Applicant”). You can use the Platform and the Service only for the lawful purposes of employment search and/or offer and only for your own needs in accordance with the designated by MyJobNow acceptable use of the Platform. MyJobNow is solely competent to designate the acceptable use of the Platform. If you download, access or use the Service on behalf of a third person or entity, you represent and warrant that you are authorized to accept this Agreement on behalf of that person or entity and that such person or entity agrees to assume responsibility for the use of the Platform and the Service in accordance with this Agreement and to compensate MyJobNow for any breach of this Agreement.

MyJobNow does not review the persons creating the User Profiles contained in the Platform’s search results. We cannot guarantee that the Users are the ones they claim to be. We do not confirm the accuracy or completeness or any Job Offer or other information submitted by any User, including the identity of this User. MyJobNow does not assume any responsibility, otherwise, disclaims any liability for the content, accuracy, completeness, legality, reliability or availability of any Job Offer or other data and/or information available on the Platform.

MyJobNow does not verify, support or warrant in any other way for any Employer or Job Applicant. MyJobNow does not assume any representation regarding the qualifications of the Employer or the Job Applicant nor can it impose penalties on the potential Employer or Job Applicant. In the event of a dispute between you and any Employer or Job Applicant, you undertake to indemnify MyJobNow for any damage arising out of or connected in any way with this dispute (including coverage of any legal costs incurred by MyJobNow).

If you are an Employer, you acknowledge and agree that:

as a general rule, your Job Offer will be accessible to other Users through the Platform for the period corresponding to the subscription package starting from its registration, unless that period is extended in accordance with the conditions and upon obtaining MyJobNow’s consent, when you reply or communicate with a Job Applicant, you primarily share the information and the content of the communication with MyJobNow, which you authorize to notify the communication and the information that you share with the Job Applicant, we and the Job Applicants in the Platform rely on the truthfulness, accuracy and completeness of all information provided during registration on the Platform, but also during the registration and renewal of the Job Offer and therefore you represent and warrant that all information provided to us and to your Job Offer is true, accurate, complete and in no way misleading and must be maintained as such, we do not have any control over the content of the Profiles and therefore MyJobNow has no obligation to display any Profiles or to include any Profiles in the search results or other listings and may exclude or remove any Profile from the Platform for any reason. MyJobNow does not assume any responsibility, otherwise, disclaims any liability for the content, accuracy, completeness, legality, reliability or availability of any Job Applicant on the Platform.

If you are a Prospective Employee, you acknowledge and agree that:

any biographical details, information, dates, pictures, photographs, materials or application information (hereinafter referred to as the “Profile”) that you publish, display, submit or otherwise make available through the Platform are subject to this Agreement. However, without limiting the foregoing, the creation of any Profile through the Platform automatically provides MyJobNow with the authorization to share your Profile to any Employer,

you recognize that both we and the Employers on the Platform rely on the accuracy and completeness of all information provided during your registration on the Platform, the completion and renewal of your Profile and you represent and warrant that all information provided to us and to your Job Offer is truthful, accurate, complete, and in any case not misleading and that it must be kept that way, every Employer is responsible for any Job Offer that is posted on the Platform.

MyJobNow does not guarantee the validity of any Job Offer and for this reason Job Applicants must verify the validity of any Job Offer before they take any action that affects their current employment situation,

MyJobNow has no obligation to display any Job Offer or to include any registration for a Job Offer in the search results or on other listings and may exclude or remove any Job Offer from the Platform for any reason,

MyJobNow does not assume any responsibility, otherwise, disclaims any responsibility for the content, accuracy, completeness, legality, reliability or availability of any Job Offer or information included in the Platform’s search results.

2. Account Creation

In order to access the Platform and use the Service, you will need to sign up to the Platform and create an account. When signing up to the Platform, you must choose your personal username and password.

You can create only one account on the Platform by entering either (i) your e-mail address or your mobile phone and associated password, or (ii) through your Google or social media profile (social log-in).

We may refuse to grant you a username that impersonates someone else, is protected by a trademark or other ownership status or is vulgar or otherwise offensive. We may also disclose User information in the event that we believe that this User violates this Agreement or that it has used the Service to commit unlawful acts or if such information is requested in any other way by the authorities or/ it is necessary and/or appropriate.

By subscribing to the Platform, you agree (i) to provide true, accurate, up-to-date and complete information about yourself as requested by the registration form (including your e-mail address or your mobile phone or your Google account or your social media profile) and (ii) be responsible regarding the security, confidentiality and use of your username and password and not to transfer or resell the use of or access to your account on the platform and the Service to others. MyJobNow does not bear any responsibility, otherwise, it disclaims all liability if your account or the media by which you connect to it (such as your email) is falsely misused by a third party.

You agree to immediately update your account and other information, including your e-mail address, your mobile phone number and our payment information where needed for the proper completion of your transactions and in order to contact you whenever necessary, regarding these transactions.

You cannot transfer or assign your Platform account to another user or entity. To protect your account, keep your account information and password confidential. You are responsible for all activities that appear on your Platform account.

If you do not use your account at least once a year, we reserve the right to close your account and terminate your access to the Platform and the Service. Without prejudice to any restrictions in the subscription terms, you can cancel certain Services or close your account on the Platform at any time and for any reason. To close your account, contact the MyJobNow support team at (support [at] myjobnow.com). If your Services are cancelled or your Account on the Platform is deactivated (either by you or by us) the right to use the Services is abolished and your licenses expire immediately and we will delete the content associated with your account on the Platform.

3. Payment terms

If you are an Employer, the Platform gives you the ability to choose from a series of subscription packages and registration periods and other services that may be offered from time to time by MyJobNow. The fees for a subscription period are due on the day of the month in which your registration started and thereafter on the same date each month. The fee must be paid at the beginning of each subscription period. Your subscription will expire at the end of the subscription period and will not be renewed or may be renewed automatically as indicated on the payment page.

Unless otherwise agreed between MyJobNow and the User, the Services for Job Applicants are provided free of charge.

Employers can use the platform free of charge during any trial period that may be determined by MyJobNow for a particular User or User type. The use of the Platform after the end of the trial phase and/or the access to certain services is subject to charges.

If there is a charge associated with the use of the Platform or part of the Services, you agree to pay the charge in the specified currency. Depending on your location, some transactions may require conversion to a foreign currency or they may be processed in another country. Your bank may charge you extra for these services when using a debit or credit card.

To pay the fees for a Service, you will be asked to provide a payment method at any time you use the Service. By providing your payment method on the Platform you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate (ii) authorize MyJobNow to charge you for the Service through the payment method you have selected and (iii) authorize MyJobNow to charge you for any payable function of the Services you choose to sign-up to or use. We can charge you (a) in advance (b) at the time of purchase (c) shortly after purchase or (d) on a recurring basis when it comes to subscription services.

We may suspend or cancel the Services, charge compensation, additional administrative costs and interest if we do not receive full payment from you for all charges. Suspension or cancellation of the Services for non-payment may result in loss of access and use of your account and the Service, including the Subscription Services and the User Content.

All prices do not include VAT (unless otherwise specified in the Platform) and are subject to change at any time. Except as provided by law, all Services purchased, including subscriptions, are final and non refundable.

4. User Content

The Platform allows Users to post, submit, display or otherwise disclose Job Offer listings, Profiles or any other information, images, messages and other materials (hereinafter referred to as the “User Content”). Users may post in the User Content messages or statements that are misleading, deceptive, or utterly false. MyJobNow does not endorse and is not responsible for any opinions, attitudes, information or statements contained in the User Content that has been created or appears on the Platform by Users. You acknowledge that by accessing the Platform you may encounter content that may be considered inappropriate and you acknowledge that MyJobNow will not be liable against you for such content.

Users must not post User Content or information that is unlawful, fraudulent, threatening, abusive, defamatory, obscene or otherwise contrary to public moral or containing sexual, ethnic or racial or other discrimination or material that does not contain a relevant or appropriate content, that refers to despicable behavior or that violates the law. Users are prohibited from posting any User Content that contains exclusive information, trade secrets or confidential information. User Content must not contain advertisements, invitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us) or any other kind of encouragement or spamming. You must comply with the User Content requirements determined by us.

It is forbidden to post any User Content that contains official identification data (either your own, or of another person) to the Platform, such as your social security number, passport number, national ID number, driver’s license number or other, similar to the above, identification number or code. The inclusion of this identification information in any Profile may result in identity misrepresentation and other adverse consequences for which MyJobNow bears no responsibility. MyJobNow can remove this information from your Profile, but assumes no obligation and responsibility, otherwise, disclaims all liability for the disclosure of such information on the Platform.

Although MyJobNow does not assume any obligation to do so, it may review the User Content that has been posted on the Platform and reserves the right to delete any User Content or portion thereof that violates the above mentioned rules above or that MyJobNow finds, at its sole discretion, inappropriate. If you believe that a message or User Content in general violates our Policies, please contact MyJobNow immediately in order for us to be able to examine its processing or removal. MyJobNow does not promise to remove any User Content and the interpretation of whether a certain User Content violates any of our Policies remains always in the absolute discretion of MyJobNow. MyJobNow reserves the right to disclose the User Content and other information in circumstances that surround their notification to any third party in order to operate the Platform and to provide the services properly, to protect the legitimate interests of MyJobNow, its partners and the Platform Users or visitors and/or to comply with its legal obligations or requests.

5. User Content Use License

To the extent permitted by law, you grant MyJobNow the unlimited, non-exclusive,international, unlimited, irrevocable, fully-paid, royalty-free license to use, reproduce, distribute, execute, view and in general edit and exploit in any way any User Content for any purpose associated to the Platform, its Services and its business. In addition, you grant MyJobNow and its affiliates the right to use your name and/or username with regard to the User Content. When you apply for a job through the Platform you send your User Content to MyJobNow and you authorize MyJobNow to notify such User Content to a third party. In addition, you represent and warrant that: (i) you have your own User Content which has been posted by you on or through the Platform or that you have the right to grant the license set out in this section, (ii) the User Content does not violate the privacy rights, intellectual property rights or any other rights of any person or entity, and (iii) the User Content does not result in a breach of contract between you and a third party. You agree to pay all rights, fees, damages and any other sums due to any person or entity due to the content you post on or through the Platform. You agree to defend and indemnify MyJobNow and its affiliates from any claims resulting from any content or material that you provide to the Platform.

If you wish to revoke the use license for any User Content, please contact us at the service address stated above along with a copy of your passport or your identity card (for identity verification reasons) and request the removal of this content. Your request must include: (i) the signature of the rightful owner of such content or of a person authorized to act on behalf of the rightful owner (ii) the definition of the content for which the license should be revoked and adequate information that will allow MyJobNow to identify and remove the content from the Platform (iii) the name, address, mobile phone number and email address, (iv) a statement that you are, under good faith, the rightful owner or the person authorized by the rightful owner to revoke the license for the specified content and (v) a statement that the information contained in the application is accurate and, subject to penalties for perjury, that you you are the rightful owner or the person authorized by the rightful owner to act in the name of the rightful' owner regarding this material. A fee may be charged for responding to and executing such request. Please contact MyJobNow for more details.

6. Intellectual Property Rights

All (i) texts on each page of the Platform, either posts, or navigation, or educational, (ii) logos, buttons and other widgets on the platform, (iii) software that includes both the client code and the code used by MyJobNow for the provision of services, (iv) color combinations, button shapes, page layout, design and all other graphical elements of the Platform (hereinafter referred to as the “Platform Content”), materials, methodologies, implementation plans or other intellectual property used in the provision of the Services of the Platform and anyhow, the title and interest therein are the sole property of MyJobNow or its licensors. The Platform Content and the Platform tools are protected by copyright, patents, trade secrets or other intellectual property rights, while some of them are also protected as trademarks, commercial names and/or service marks owned by MyJobNow. We have reserved all rights in the Platform and you shall not copy, modify, use or otherwise exploit trademarks and other rights of MyJobNow without our prior written consent.

Except for the limited licenses expressly granted to you in this Agreement, MyJobNow reserves for itself and its licensors all other rights, titles and interests. By using our Services, you do not acquire any ownership right to the Platform Content. The Platform Content remains our intellectual property, including (without limitation) the source code, products, usage data, ideas, improvements, requests, features, suggestions or other information provided by the Job Applicant or from any Employer. Notwithstanding the above, you may not reproduce, modify, display, market or distribute the Platform Content or use it in any other way for any purpose. MyJobNow reserves all rights that are not specifically granted under this Agreement. You should not modify any copyright notices, proprietary titles, any trademarks and trademark rights, any patents and other proprietary notices on materials that you have access to through the Platform except for the User Content.

Use License by Job Applicants

MyJobNow grants you a limited, revocable, non-exclusive right to access and use the Platform only for your personal use, for seeking employment opportunities for yourself, provided that you will always adhere to the terms of this Agreement. You agree that you are solely responsible for the content of any Profile that you post on the Platform and for any consequences resulting from such Profile. MyJobNow reserves the right to suspend or terminate your right to use the Platform for any reason at any time at its sole discretion.

Use License by Employers

MyJobNow grants you and the persons associated to you the limited, revocable, non-exclusive right to access and use the Platform for internal business reasons in order to seek and find candidates to employ, provided that you always comply with the terms of this Agreement. This allows you to access and use the material on the Platform only for your personal use that is in direct relation to the search and recruitment of prospective candidates. You may not sell, transfer or assign any of the Services or your rights of use of the Platform or any of the Services offered by MyJobNow to you or to any third party without the express written authorization of MyJobNow. You agree that you are solely responsible for the content of any Job Advertisement that you post on the Platform and for any consequences resulting from your Profile and advertisments.

7. Guarantees and Warranties

Only the owner of a registered account can access the Platform and use the Service using its user name and password or via Google account or via its social media account (social log-in). You are not allowed to assign or transfer any of your rights or obligations under this Agreement without the prior written consent of MyJobNow and any such attempt will be null and void. MyJobNow may assign or freely transfer its rights and obligations without your prior notice.

You agree not to access (or attempt to access) the Platform and/or the Service by any means other than the interface provided by MyJobNow, unless you have the express permission to do so under a separate agreement with MyJobNow. You agree that you will not engage in any activity that interferes with or disrupts the Platform and/or the Service (or the servers and networks which are connected to the Platform). Unless specifically allowed to do so under a separate agreement with MyJobNow, you agree that you will not reproduce copy, sell, resell, or generally exploit the Platform and Service for any purpose whatsoever. You agree that you are solely responsible for (and that MyJobNow assumes no responsibility against you or any third party) any breach of your obligations under this Agreement and the consequences thereof, including any loss or damage that MyJobNow may incur, due to a breach of your obligations.

You can use the Platform and any Services for the permitted purposes and in accordance with the applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Platform and/or Services, otherwise you may be exposed to civil and/or criminal liability. You agree that if we receive a third party claim that the User Content that you have created is illegal or infringes third party rights, you will assume the responsibility to proceed to all lawfull actions in order to lift the illegality or infringement and in addition you will indemnify MyJobNow for any damages it may have incurred.

Some functions of our Services may be subject to additional terms and conditions, which you must read before using these functions and which complement this Agreement and form an integral part thereof.

Without prejudice to any restrictions pertaining to your subscription, you may terminate a Service at any time, with or without cause, however you are responsible for paying the remainder of the registration period when you terminate during the registration period. We do not provide refunds or credits for any subscription periods or unused content, unless we decide, at our sole discretion, that unusual circumstances require a refund.

We reserve the right to refuse to provide, suspend or terminate the Services or to close your Account, in whole or in part, at any time for any reason, immediately and without notice. If we terminate your registration or if we assume that you have breached this Agreement, without limiting the rights and remedies available to us, you acknowledge and agree that you will not be entitled to refunds or credits for any registration periods and that we may terminate immediately your access to the Platform.

To use the Platform and access the Services, you must have a computer, compatible mobile phone or portable device, Internet access, data and the minimum system and operating software requirements. You are responsible for providing all links, and/or equipment necessary for the use of the Services and for the payment of the fees charged by providers of connections and equipment. These fees are in addition to the fees you pay for the Services and we will not refund you such fees.

The Services may not be available from time to time or they may be offered on a limited basis, or they may vary depending on the region or device. You acknowledge that we are not obliged to maintain the Platform available for your use and that we do not provide guarantees regarding the availability or the continuous or proper fuctionality of the Platform. We try to keep the Services operating. However, all online services suffer occasional breaks and interruptions. We do not assume any liability for the non-availability of the Platform or of any Services offered by the Platform or for any interruption or malfunction for any reason (including failures of the Internet service provideror Web hosting service provider, third party intrusions or force majeure). MyJobNow is not responsible for any disruption or loss you may suffer from non-access to the Platform or the Services. In the event of an interruption, you may not be able to retrieve your User Content.

You agree that you will not upload any malicious code to the Platform or use the Platform data for your own commercial profit. “Malicious code” means any software (often referred to as “viruses”, “worms”, “trojan horses”, “time bombs”, “time locks”, “drop dead devices”, “traps”, “access codes”, “cancelbots” or “trap door devices”) that (a) are deliberately designed to harm, interrupt, suspend, obstruct, intervene, change or prevent in any way any data, store media, program, system, equipment or communication, based on any event, including, but not limited to: i) number of copies, ii) excessnumber of users), iii) pass of a certain period, iv) promotion in a particular date or other number or v) use of a specific characterictic or (b) that would enable an unauthorized person to cause such a result or (c) that would allow an unauthorized person to access another person’s information without the knowledge and permission of that other person.

Without our express written permission, you shall not copy any part of the Platform for your own commercial purposes, including: (i) reproducing or using the details and Profile of any User; (ii) reproducing in any way all or part of the Services or the Platform; (iii) use a “deep-lin”, “robot”, “spider”, “page-scrape” or other automatic device, program, algorithm or methodology or any similar or equivalent manual process in order to access, acquire, copy or monitor any part of the Platform, the Profiles or any User Content, nor to reproduce or bypass by any way the navigation structure or presentation of the Platform or to acquire, attempt to acquire by any means and media, documents or information that are inavailable on purpose on the Platform or (iv) integrating all or part of the Platform on any other website, platform, application or other digital or non-digital format.

Regarding any use of the Platform: (i) you must act responsibly, professionally, for the purposes of your business activity and in good faith, (ii) you ought to refrain from discrimination, racism, defamatory, inappropriate, indecent, offensive or other behavior that incites hatred, discrimination, racism, fanaticism or physical violence of an individual or a group, (iii) you ought to treat the Platform and its Users with respect and not engage in conduct that could be considered as bullying, harassment, degradation, insult or otherwise insult (as determined by us) and (iv) you must not represent or support illegal or immoral activities.

Notwithstanding the above mentioned commitments, responsibilities and obligations, the following, indicatively, are not allowed:

Creating or facilitating unwanted commercial emails (“spam”). Uploading, posting, distributing, disseminating or showing any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or other objectionable content. The deliberate distribution of any malicious code. Behavioral or promotional “pyramid programs”. The transmission of content that may be harmful to minors or of content that asks for or encourages the exchange of personal information with minors. The false representation of another person (via the use of an email address or otherwise). The illegal transmission of intellectual property or other proprietary information of another person without the authorization of the owner or licensor. The use of the Platform in violation of legitimate rights (such as privacy and personality rights) of others. Promoting or encouraging illegal activity. The creation of multiple User Accounts in connection to any violations of the Agreement or the creation of User Accounts by automated means or under false or fraudulent intent. The sale, resale or other exploitation for unauthorized commercial purposes or the transfer of any Platform account. The modification, adaptation or translation of any part of the Platform. The violation of copyright, trademarks or other intellectual property rights contained in the Platform. The communication with other Users of the Platform regarding multi-level marketing (MLM) programs, tasks that require payment in order to commence and any issues that MyJobNow considers detrimental to its users. Providing false information when using the Platform and/or Service. MyJobNow reserves the right to use various methods to detect and deal with activity that does not comply with the terms of this Agreement and to monitor Users' compliance with these terms but also to prevent abuse (such as spam). These methods can sometimes lead to provisional or permanent suspension or termination of certain functions for certain Users.

8. DISCLAIMER OF LIABILITY

NOTWITHSTANDING THE TERMS OF THIS AGREEMENT, MYJOBNOW DOES NOT WARRANT, OTHERWISE DISCLAIMS ALL LIABILITY ARISING FROM THE PRESENT, FROM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN RELATION TO THE PLATFORM, ANY SERVICES AND/OR INFORMATION, AVAILABLE VIA ANY LINKS ON IT, INCLUDING ANY IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE OR USE, INCLUDING ANY DISTRIBUTION, USE OR/AND COMMERCIAL PRACTICE WARRANTIES. MYJOBNOW DOES NOT GUARANTEE, OTHERWISE, DISCLAIMS ALL LIABILITY ARISING FROM THE PROFILES, THE USER CONTENT AND THE JOB OFFER CONTENT AND IT NOT BE LIABLE IN ANY WAY FOR THE BEHAVIOR OR THE ACTIVITY OF ANY EMPLOYER OR JOB APPLICANT.

MYJOBNOW DOES NOT GUARANTEE, OTHERWISE, DISCLAIMS ALL LIABILITY REGARDING THE TRUTHFULNESS, THE PRECISION, THE CONTENT, THE PLENITUDE, THE LEGALITY, THE RELIABILITY OR THE FUNCTIONALISM OR THE AVAILABILITY OF THE INFORMATION OR THE MATERIAL THAT APPEARS IN THE PLATFORMS' SEARCH RESULTS. MYJOBNOW DOES NOT GUARANTEE, OTHERWISE, DISCLAIMS ANY LIABILITY ARISING FROM THE DELETION, FAILURE OF REGISTRATION, FALSE OR BELATED TRANSMISSION OF ANY INFORMATION, COMMUNICATION OR OTHER MATERIAL THAT IS RELEVANT TO THE SERVICE OR THE USE OF PLATFORM.

MYJOBNOW DOES NOT GUARANTEE, OTHERWISE DISCLAIMS ANY LIABILITY FOR ANY DAMAGES WHICH MAY RESULT FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL IN THE PLATFORM. IN NO EVENT SHALL MYJOBNOW BE LIABLE FOR THE USE OR MISUSE OF THE PLATFORM BY ANY USER.

THE PLATFORM IS PROVIDED BY MYJOBNOW ON AN “AS IS” AND “AS AVAILABLE” BASIS. MYJOBNOW DOES NOT WARRANT THAT DURING THE USE OF THE PLATFORM BY THE USERS THERE WON’T BE ANY INTERRUPTIONS OR ERRORS AND MYJOBNOW DOES NOT PROVIDE ANY WARRANTIES REGARDING THE USE OF THE PLATFORM OR THE CONCLUSION OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE USERS OR THE PROVISION OF SERVICES BY MYJOBNOW TO USERS IN CONNECTION WITH THE PRESENT, INCLUDING ANY WARRANTIES WITH RESPECT TO THE REGISTRATION OF A JOB OFFER OR ANY RESULTS THAT THE USER WISHES TO SEE BASED ON THE PRESENT AGREEMENT. THE FUNCTION PROVIDED BY THE PLATFORM, OR THE IDENTIFIED SERVERS IS NOT THAT OF A FILE. USERS ARE RESPONSIBLE FOR MAINTAINING INDEPENDENT FILES AND COPIES OF ALL INFORMATION, INCLUDING THE USER CONTENT.

BECAUSE MYJOBNOW IS NOT INVOLVED IN THE TRANSACTIONS BETWEEN THE USERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH USER INVOLVED RELEASES/INDEMNIFIES MYJOBNOW (AND ITS PARTNERS AND/OR PERSONNEL) FROM ANY CLAIMS, EXPENSES AND DAMAGES (REAL AND CONSEQUENTIAL) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, FOR WHICH THERE HAVE OR HAVE NOT BEEN SUSPICIONS, PUBLIC OR NOT, ARISING FROM, OR CONNECTED TO IN ANY WAY WITH THESE DISPUTES.

9. LIMITATION OF MYJOBNOW’S LIABILITY

IN NO EVENT WILL MYJOBNOW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL DAMAGES, COMPENSATION OF ANY KIND OR NATURE, ARISING FROM THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO THE USER’S LOSS OF PROFITS OR REVENUE, OPPORTUNITY, OR DAMAGE), EVEN IF MYJOBNOWHAD BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

NOTWITHSTANDING THE PROVISIONS OF THE PRESENT AGREEMENT, THE MAXIMUM LIABILITY OF MYJOBNOW IS LIMITED TO THE ACTUAL VALUE OF ANY FEE RECEIVED BY MYJOBNOW IN CONNECTION TO THE PARTICULAR SERVICE THAT GAVE RISE TO THE CLAIM.

10. Confidentiality

The term “Confidential Information” means any and all technical or business data or information provided, regardless of form or medium, by the Users or MyJobNow regardless of whether they have been marked or identified as “confidential”, including but not limited to, the Profiles, the User Content, the Job Offers, the terms of this Agreement and the functionalities and the technology that will be used in connection to the Platform and Service. The User agrees that: (i) it will treat as confidential and it will maintain the confidentiality of all Confidential Information and it will not reveal it to any third parties, (ii) it will use the Confidential Information exclusively for the purposes of the present Agreement, and (iii) it will not copy this Confidential Information unless it has been explicitly authorized to do so by MyJobNow.

The obligations pertaining to Confidential Information will not apply to any information that: (i) is already in the possession of the User, as proven by documents and without the confidentiality obligation, (ii) without an act or fault on behalf of the User, it is or is rendered available to the public, or iii) the User has received it from a third party without this third party violating the confidentiality obligation. At MyJobNow’s request, the User is required to return immediately to MyJobNow or to destroy all Confidential Information and to provide all relevant evidence of such destruction.

Without limiting the foregoing, the User will not disclose the existence or the terms of this Agreement or any other information regarding the Services to any advertising, promotional or sales activity, publication or other public communication without the prior written consent and approval of MyJobNow on a case by case basis. MyJobNow has the right to examine and approve any press release, promotional/advertising material or relevant content that mentions MyJobNow.

11. Privacy and data

You accept the Privacy Policy and you agree that you will not do anything inconsistent with the Privacy Policy that may endanger MyJobNow or third parties. We may at any time amend this Privacy Policy at our sole discretion, by posting the new terms on the Platform, and continuing to use of the Platform means automatically that you accept such changes.

Each Party (as applicable) declares and warrants that it has adopted and applies a privacy policy in accordance with the requirements of the applicable law with respect to the personal data provided to the other party in connection with the Services or otherwise under this Agreement. Without limitation, any necessary consent of a Job Applicant or any other User must be received directly by any Employer in order to facilitate the transaction between them and improve the performance of the Service.

12. Miscellaneous

Prohibition of assignment and appointment. This Agreement may not be assigned without MyJobNow’s prior written consent. Any such attempt to assign or transfer will be void and MyJobNow may terminate this Agreement and the User’s access to the Platform immediately without liability. The User will not use subcontractors for its operation under this Agreement without MyJobNow’s prior written consent.

Force Majeure. Neither party will be liable to the other party for any failure to fulfill its obligations under this Agreement, to the extent that this failure is due to force majeure, such as riots, embargoes, strikes or other collective actions of employees, accidents or other causes, to the extent that this failure and its consequences is reasonably beyond the control and without the fault or negligence of the party that invokes it.

Invalidity - Waiver. The ascertainment that any part of this Agreement is invalid will not affect the other parts of this Agreement. The waiver on behalf of any Party for breach of any provision of this Agreement by the other Party shall not be construed as a waiver of any subsequent breach of the same or of any other provision of this Agreement nor will any delay or omission by any party to exercise or perform any a right or a remedy act as a waiver of any right or remedy.

Full Agreement - Amendment. The parties agree that this Agreement is accepted electronically and that the acceptance of these terms and conditions will be configurated and validated in a timely manner electronically. This agreement constitutes the entire agreement between the parties on the subject matter hereof and supersedes and replaces all prior or contemporaneous agreements, written or oral, regarding this issue. MyJobNow may modify at any time the terms and conditions of this Agreement and/or the policies and/or procedures with the announcement of such changes in the Platform. The continued access to and the use of the Platform by you after this announcement will be construed as acceptance by you of the amendments made by MyJobNow. You are solely responsible for the periodical monitoring of the terms and conditions of this Agreement for any changes. In some cases, MyJobNow may, but is not obliged to, notify you of any changes to the Agreement. All notices provided by MyJobNow through the Platform, or any communications via e-mail, fax, or any other form of electronic communication by and between us satisfy any legal requirement that such communication shall be made in writing.

Platform Functionality. This Agreement, the Policies and the procedures communicated through the Platform govern the use of the Platform by you. In the event of a conflict between any of the terms of this Agreement or any policies and procedures regarding specific programs that are communicated to you through the Platform, the policies and procedures concerning such program specifically will be checked.

Relationship of the Parties. The Parties to this Agreement contract and operate independently and no other relationship will be implied by this Agreement. Nothing contained herein or done in accordance with this Agreement shall be construed as creating a partnership, agency or consortium and no Party shall be bound by any representation, declaration or act of the other Party. Each User assumes and is responsible for all necessary expenses for the fulfillment of its obligations under this Agreement. We are not and cannot be involved in any transaction between any Job Offer and Employer, including any resulting employment or other commitment.

Evaluations and Reviews. MyJobNow can use mechanisms that evaluate or reniew or allow Users to evaluate or review other Users and MyJobNow can make these evaluations publicly available. MyJobNow will not be held responsible, otherwise disclaims any liability whatsoever to any User or third party for the content or accuracy of any evaluation or review. You will not have any ownership interest or license to use any evaluation or review posted on the Platform, for which MyJobNow has exclusive rights.

13. Applicable Law and Jurisdiction

This Agreement shall be construed and performed in accordance with the laws of Greece. Users and MyJobNow agree that the proper and exclusive venue for resolving any dispute concerning this Agreement is the courts of Athens and hereby agree to the personal and subjective jurisdiction of such courts.