General Terms and Conditions
For Corporate Use of JOIN
(Version 2.0, 20.12.2024)
These terms and conditions (“GTC“) apply to the access to, and the use of JOIN platform available on https://join.com/ (“Platform“) and the related services as described on and offered via the Platform (together the “Services“), offered by JOIN Solutions AG Eichenstrasse 2, 8808 Pfäffikon SZ (Schwyz), Switzerland (“JOIN“).
To access or use the Services, you (“Company“) have to agree to these GTC. The Company agrees to these GTC by registering on the Platform in accordance with these GTC. If the Company does not agree to these GTC, the Company may not use or access the Services.
These GTC, together with all other referenced documents, form a legally binding agreement (“User Agreement“) between JOIN and the Company.
The Company represents and warrants that they are not a person or entity barred from using the Services under the laws of Switzerland, their place of residence, or any other applicable jurisdiction. Accounts registered by bots or automated methods are not authorized and will be terminated.
The Services include different sets of features (each a “Feature“). A complete overview of the Features, as well as pricing and related information can be found on the Platform.
The Services notably enable the Company to access partner platforms (“Job Boards“) and post job adverts on such Job Boards via the Platform. The Company may select additional Services from the Features listed on the Platform against the payment of fees in accordance with this User Agreement.
The Features listed on the Platform do not constitute a legally binding offer by JOIN, but an invitation for the Company to submit an order for a Feature. To book such additional Features, the Company must first select the desired model in profile management and then place it in the shopping cart by clicking the Add to Cart button. By clicking on the Place Your Order button, the Company submits a binding offer to book the Services placed in the shopping cart. Upon receipt of confirmation of the booking, JOIN may at its own discretion decide to accept the Company’s order or not. Upon acceptance, and where applicable, a subscription to the respective Services is concluded. JOIN may at its own discretion decide to accept the Company’s order or not.
For some Features, the Company may select usable inventory to be exchanged for the underlying services, as displayed on the Platform (“Inventory”). Unless otherwise expressly displayed on the Platform, each Inventory must be used within 12 months of its selection. After the expiry of this period, the Inventory automatically lapses and is forfeited by the Company.
Some Features, including but not limited to the Job Boards, are provided by third parties providers (“Third Parties“). For Features offered by Third Parties, JOIN acts as the main contractor with such Third Parties and makes the Features available on the Platform as part of the Services. The Company acknowledges and agrees that the Company shall be solely responsible for the instructions given by the Company to such Third Parties either directly or via the Services, and for the use of content of the Features offered by Third Parties, including to its compliance to the Third Parties’ terms of use applicable to the relevant Features.
Additionally, the Company acknowledges and agrees that JOIN does not guarantee and is not responsible for the extent and the availability of the Features made available by Third Parties. In particular, but without any limitation, the Company acknowledges that JOIN enters into agreements with Third-Parties related to the Features provided by or via such Third Parties for a limited duration and that JOIN does not take any responsibilities for extraordinary terminations of such agreements with Third-Parties, and the consequences on the availability of the related Features, due to factors not caused by JOIN (e.g., bankruptcy of the Third Party). The Company acknowledges and agrees that JOIN solely acts as a technical software and platform service provider and neither places applicants nor is involved in any other way in the application and staffing process as part of the Services. The Company is solely responsible for the interaction between the Company and the applicants carried via the Services or not.
JOIN may amend the Services at any time and reserves the right to add, remove, or discontinue temporarily or permanently Features and/or Third Parties, as well as to modify it in whole or in part the Services at its own discretion. In case of material changes to the Services, i.e., changes significantly altering the nature and scope of the Services provided to the Company according to the User Agreement, (“Material Changes”) JOIN shall notify the Company 3 months prior to the occurrence of the relevant Material Change, where reasonably possible.
If the Company violates their obligation in accordance with the User Agreement, or if JOIN has reasonable doubts, at its sole discretion, to suspect that the Company violates their obligations in accordance with the User Agreement, JOIN reserves the right to limit or suspend access to the Services until the Company demonstrated to JOIN not being in violation of the User Agreement. In case of a suspension, the Company remains liable for all charges and Fees (as defined hereinafter) incurred during the suspension period.
The Company may purchase credits provided by JOIN (each a “Credit“) on the Platform via the available payment methods. A Credit is worth the amount displayed on the Platform and can only be used on the Platform to purchase Services to the extent described on the Platform. JOIN may at its own discretion decide the limits of the balance of Credit that each Company may have at a given time and limit the period during which the Credits can be used. Unless otherwise expressly specified on the Platform, each Credit must be used within 12 months of its purchase. After the expiry of this period, the Credits automatically lapse.
The Company understands and acknowledges that the Credits are non-reimbursable and cannot be exchanged for monetary value at any time.
The Company shall register or create an account to access and use the Services or part of the Services. Only Companies or their authorised representatives conducting commercial or self-employed business activity are entitled to register on the company Platform. Upon registration, the Company shall confirm that it has read and understood the GTC and agrees to their application.
The Company shall provide accurate, current, and complete information during registration and keep their account information up-to-date. The Company shall use an email address belonging to the Company to register. Accounts registered by bots or automated methods are not authorized and will be terminated.
JOIN may verify the information provided during registration and may reject or cancel a Company’s registration in its sole discretion and without specifying any reason. JOIN may subject the full access of a Company to the Services to its prior approval.
The Company is responsible for maintaining the confidentiality and security of their account credentials, including any user accounts for employees, and may not disclose their credentials to any third party. The Company is responsible and liable for activities conducted through their account, including users accounts for employees, and must immediately notify JOIN if there is any suspicion that their credentials, including user accounts for employees, have been lost, stolen, or their account is otherwise compromised.
Part of the Services are subject to the payment of subscription fees (“Fees“). The Fees for each respective part of the Services are made available on the Platform. The Company shall pay the Fees via the payment methods made available by JOIN.
All Fees are payable in advance, invoices are due within 30 days. Late payments result in an interest rate of 5% p.a. If not explicitly stated otherwise, all Fees are in the currency displayed on the Platform and excluding VAT and other applicable taxes. Any right to set off, retain, deduct, counterclaim and/or withhold any payments due under the User Agreement vis-à-vis JOIN is hereby expressly waived and excluded.
In case the Company does not pay the applicable Fees as and after notice of non-payment, JOIN reserves the right to limit or suspend access to the Services. In case of a suspension, the Company remains liable for all charges and Fees incurred during the suspension period. JOIN reserves the right to assign any claims arising out of or in connection with the User Agreement to any third-party, including but not limited to a debt collection agency.
For the Services available on a subscription basis, the Fees correspond to a subscription period, as displayed on the Platform (“Subscription Period“). Any Services not used during the relevant Subscription Period expire and are not refunded to the Company. Upgrades of Services, as displayed on the Platform, are possible at any time. If the Company upgrades during an ongoing Subscription Period, the surcharge must be paid proportionately in advance; the upgraded Services are only available upon valid payment of the applicable surcharge. Downgrades of Services, as displayed on the Platform, can only be carried out at the end of the current Subscription Period, or as otherwise agreed at JOIN’s sole discretion.
JOIN reserves the right to adjust the Fees from time to time. In this case, the Company will be notified by email specifically regarding any future payment obligation and the effective date of the Fees adjustment. Following the notice, the Company may accept the price adjustment or discontinue the Services for the end of the current Subscription Period.
JOIN shall provide the Company with the Services as agreed in the User Agreement.
JOIN:
JOIN may amend the GTC, including the applicable fees, from time to time at its sole discretion by publishing an updated version of the GTC on the Platform. Where possible, JOIN will electronically notify the Company of any material changes to the GTC. The Company should check the GTC regularly and only use the Services upon acceptance of the changes to the GTC. The Company’s continued use of the Services following any amendments indicates acceptance of the changes to the GTC.
JOIN reserves the right to ask the Company to provide feedback through forms, questionnaires, and polls in order to improve their Services (“Feedback”). JOIN may use, or not use, any such Feedback, without any obligation, whether financial or otherwise, to the Company. The Company assigns all rights (including but not limited to intellectual property rights), title, and interest in the Feedback to JOIN and acknowledges it has no claim in relation to the Feedback.
The Company agrees to use the Services in compliance with the User Agreement and all legal and moral obligations applicable in the territory where they are located.
The Company is obliged to cooperate in the performance of this User Agreement to the necessary extent free of charge. The Company shall provide JOIN with all necessary information, documents, materials, access, software, data, as well as competent staff, and anything else reasonably required for the provision of Services, if any. Furthermore, the Company shall inform JOIN immediately if errors or faults occur and to support JOIN in the analysis and, if necessary, in the elimination of errors and faults to the extent required.
The Company must immediately inform JOIN of all circumstances within its sphere that might endanger or may be relevant to the providing the Services and all misuses or suspicions of misuse of the Services.
The Company is responsible for keeping all content made available via the Platform, including job adverts posted via the Platform or Job Boards, (“Company Content“) as well as and the information in the Company profile, up to date. The Company is responsible for the Company Content and shall ensure that the Company Content complies with all applicable laws and regulations. Except if otherwise expressly specified, the Company Content, is deemed third-party content by JOIN. The Company understands and agrees that JOIN does not check the completeness, accuracy or legality of the Company Content and therefore assumes no responsibility or guarantee for the completeness, accuracy, legality and topicality of the Company Content. The Company is solely liable for all of the Company Content.
The Company shall not:
The Company agrees it will not:
The Company may not sell, sublicense, allow access or make the Services or any part of it otherwise available to third-parties.
The Company is obliged to check their data and information for viruses or other harmful components before entering it and to use state-of-the-art virus protection programs for this purpose.
The Company agrees not to use or exploit the Services, any part of it or any content contained there in any data mining or any other similar activity.
If the provision of Services under this User Agreement is delayed due to the Company’s failure to comply with the Company’s obligations as per the User Agreement or due to other circumstances for which the Company is responsible, the Company shall bear the disadvantages and additional costs incurred.
The Company may delete its account at any time by sending a request to this effect in text form to [email protected]. The Company understands that the deletion of its account does not terminate the User Agreement which must be terminated in accordance with this section 8 and that some Fees may remain or become due in accordance with this User Agreement for existing or subsequent Subscription Periods. Subject to data protection applicable rules, all Company Content will be automatically deleted together with the deletion of the Company’s account.
The User Agreement between the parties remains in full force and effect until its termination by either party. When a Company selects Services offered on a subscription basis, the User Agreement will automatically renew for subsequent periods of the length of the Subscription Period unless the User Agreement is terminated.
For Services offered on a subscription basis:
For Services offered for free, either party may terminate the User Agreement at any time with immediate effect.
Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination.
Each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights (“Intellectual Property Rights”). All Intellectual Property Rights in the Services or any part of it remain vested in JOIN.
JOIN grants the Company a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services in accordance with and for the duration of the User Agreement.
The Company hereby grants JOIN the non-exclusive, non-revocable, transferable, worldwide, royalty-free and sublicensable license to use the Company Content, in particular images, logos and texts, as well as the data generated as part of application management on the Platform to fulfil their obligations in accordance with this User Agreement and to use, process, manipulate and/or modify, copy, perform, compile and create derivative works from the Company Content, including using the Company Content for business purposes. The Company hereby acknowledges and agrees that JOIN and its affiliates may disclose to third parties data (other than personal data) derived, compiled or otherwise drawn from the Company Content.
This includes the right for JOIN to modify the Company Content and use it in such a way that JOIN may enlarge or reduce the images and/or colour images black and white in order to be able to display the images accordingly in the Company profile.
The Services may contain open-source components. Such components are subject to the respective license.
The parties may disclose to each other confidential information (“Confidential Information“). Confidential Information includes, without limitation, any information which is marked as confidential such as organization information, Company databases, functionalities and features of the Services, or information which has otherwise been indicated as being confidential or could reasonably be deemed confidential and attributable to the Company or JOIN.
Publicly available or accessible information, information lawfully and unrestrictedly received or independently developed by the receiving party, is not considered confidential.
Each party undertakes to protect all confidential information that becomes accessible or known based on the GTC. This confidentiality obligation remains in force even after the termination of the User Agreement. JOIN and the Company may further define their duties regarding confidentiality in a non-disclosure User Agreement, in which case the provisions of the non-disclosure User Agreement prevail.
JOIN collects and processes personal data as described in its Privacy Policy available at https://join.com/privacy-policy. JOIN protects the collected personal data by means of appropriate technical and organizational measures and in accordance with the data protection legislation applicable in Switzerland and the European Union.
The Company authorizes JOIN to use, process, and store relevant data for the performance of the User Agreement and to use anonymized data to improve its services or for analysis purposes.
JOIN shall process personal data as the Company’s processor whereas the Company is the controller. The duties of the parties regarding data protection are further defined in the data processing agreement (DPA) accessible here https://join.com/dpa, which provisions prevails on these GTC.
JOIN is fully liable to the Company for damages resulting from JOIN’s material breach of confidentiality, , and gross negligence or wilful misconduct.
In all other cases, JOIN’s liability under the User Agreement is excluded to the maximum extent permitted under applicable law.
Neither party may recover from the other party, regardless of the legal reason, any amount with respect to loss of profit, data, or goodwill, or any consequential, incidental, indirect, punitive, or special damages in connection with claims arising out of this User Agreement or otherwise relating to the Services, whether or not the likelihood of such loss or damage was contemplated.
JOIN will not be held liable for inaccuracy or incompleteness of the Services, or the incompatibility of the Services with any specific objectives that the Company is hoping to achieve.
The Company agrees to indemnify, and hold JOIN harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) breach of this User Agreement or any legal regulation by the Company, its employees or other persons acting on behalf of the Company; (ii) any breach of Company’s representations and warranties set forth in the User Agreement; (iii) Company’s violation of the rights of a third party; (iv) the Company Content.
The Company acknowledges that the Services are provided “as is” and “as available”, and JOIN makes no warranties or representations of any kind related to the Services or the information and materials contained thereon. JOIN makes the Services available to the Company and uses reasonable care and skill in the performance of the Services.
JOIN does not guarantee that the Services are error-free and will function without any interruption or disruption. JOIN may at its own discretion carry out maintenance or improvements to the Services and its infrastructure, and the Company acknowledges that this may result in temporary delays and interruptions from time to time. Where reasonably possible, JOIN will inform the Company about potential interruptions in advance. Any further warranty is excluded.
Entire agreement: The User Agreement constitutes the entire agreement between JOIN and the Company, and supersedes all prior agreements between the parties relating to the subject matter of the User Agreement.
Any deviation from the User Agreement not anticipated by the User Agreement requires an explicit reference to the altered clause of the User Agreement. General terms and conditions of the Company are excluded unless they have been expressly accepted by JOIN.
Changes to GTC: JOIN may, from time to time, change these GTC. JOIN will notify the Company at least 30 days before such changes apply to the Company.
Notices: Notices must be given in text form and need to be communicated:
No Assignment: The Company may not assign any of its rights, obligations, or claims under the User Agreement without the previous consent of JOIN.
Severability: If any provision of the User Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect.
Language: These GTC are available in more than one language version. In case of discrepancy between the English version of these GTC and any translated version, the English version prevails.
Governing Law & Jurisdiction: These GTC, and all claims or causes of action that may be based upon, arise out of or relate to these GTC shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary court at the seat of JOIN has exclusive jurisdiction for all disputes arising from or in connection with the GTC.
Links: The Services may contain third-party content or links to third-party websites. JOIN does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.