General Terms and Conditions of WeAreDevelopers GmbH for Developers
Terms of Services
Status: May 2018
1. Application of these Terms
1.1. WeAreDevelopers GmbH with its seat in Vienna, registered with the commercial register of the Commercial Court in Vienna under FN 468210 w (hereinafter "WeAreDevelopers" or "we" "our", "us") offers at [www.wearedevelopers.com
] (hereinafter the "Website") services for both developers looking for job opportunities (hereinafter the "Developer" or "you") and employers looking for job applicants with IT competences (hereinafter the "Employer") on the basis of these Terms (the "Service").
1.2. WeAreDevelopers expressly rejects any deviating general terms and conditions of the developer. Any deviations from these terms, additional agreements or any possible contradictory terms and conditions of the developer shall only be valid, if they have been confirmed in writing by WeAreDevelopers.
1.3. The provisions of these terms may be amended by WeAreDevelopers without notice at any time, whereby any such amendments shall be published on the website [www.wearedevelopers.com
] and (at most) by sending the text of the amendment to the e-mail address provided by the developer at least 30 days before any such amendments enter into force. Apart from formal requirements amendments of these terms requires the consent of the developer. At next login the developer will be provided with an adequate possibility of consent, for example by clicking an OK button or by placing a check- mark or a similar possibility of consent. Any amendments of these terms enter into force within 30 days after the announcement. In case the Developer does not accept the amendment of these terms, the developer may not use the services of WeAreDevelpers any longer.
2. The Service
2.1. WeAreDevelopers offers services that connect developers with top tech employers worldwide. The services of WeAreDevelopers allow you to create an individual profile ("Profile") which shall include basic information such as your real name, active email address, living address, telephone number, social media profiles, websites, academic background, technical or product skills, work experience and employment history and job preferences for future employment. As part of your profile, WeAreDevelopers allows you to set your expectations for your next job, such as type of job, location, salary etc. WeAreDevelopers then uses an algorithm to take your profile and create an anonymous profile for you, such anonymous profile may include information on your skills, location, types of experience but will not include your name, contact information or other unique identifier ("Anonymous Profile"). Upon completion, the profile is taken into account in the match-making process. Employers will receive anonymized profiles of matching developers and can send a contact request to the developer. By contacting the developer, the employer accepts the basic requirements (e.g. salary, location, scope of the work) of the developer. The Developer then receives all relevant data about the employer and the job offer and can decide whether or not to enter the interview process. Only in the case of the commitment to an interview by the developer will the whole Profile be shared with the employer.
2.2. The Website provides you with the Service and additional resources such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features available on or through the Website and/or the Service (collectively, the "Content").
3.1. In order to use the Services of WeAreDevelopers as a developer you must register and create a Profile. You must be aged 18 or over. Each developer may only have one Profile.
3.2. The use of the Website, the setup of the profile and the use of the service is free for developers.
3.3. You can create your profile by importing your profile data into the service from your existing online accounts (e.g. LinkedIn) where relevant, or by filling in the information manually.
3.4. You will receive a confirmation for joining the services of WeAreDevelopers via email to the email address you provided to WeAreDevelopers upon registration. WeAreDevelopers may change the method of registration at its own discretion.
3.6. You will be able to edit your profile information at any point, adding, changing or removing any information.
3.7. By registering to the service with a third-party account or populating your Profile by importing such information from your social network account, you hereby grant WeAreDevelopers permission to access and use your information through that service, as permitted by that third party service, and to store your log-in credentials for that service to enable the service.
3.8. You must provide accurate and complete information during the registration process and you agree to not misrepresent your identity.
3.9. You are responsible for maintaining the confidentiality of your account, profile, and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your website registration and password, whether or not authorized by you. In addition, you undertake to notify us immediately if you notice or suspect unauthorised access.
3.10. WeAreDevelopers will review the information that you provide to WeAreDevelopers during the registration process and WeAreDevelopers may also review any other information about you that is publicly available.
3.11. WeAreDevelopers reserves the right, in its sole direction, to accept or reject your registration to use the website and services without giving reasons.
4. Developer's Obligations
4.1. You may not, whether by yourself or anyone on your behalf, unless otherwise explicitly permitted under these terms:
a) use the website, the service, the content, the profiles or the employers’ information for any illegal, immoral, unlawful and/or unauthorized purposes;
b) use the website, the service or the content for non-internal purposes without WeAreDevelopers’ express prior written consent;
c) interfere with or violate other Developers' or Employers' rights to privacy and other rights, or harvest or collect personally identifiable information about Developers or Employers without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Website and/or the Service and retrieve, index and/or data-mine information;
d) interfere with or disrupt the operation of the Website or the servers or networks that host the Website, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;
e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that WeAreDevelopers endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Service;
f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
g) bypass any measures we may use to prevent or restrict access to the Website or the Service, including attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
h) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by WeAreDevelopers on or through the Service, including but not limited to the anonymous profiles of Developers, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms;
i) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to WeAreDevevoper's proprietary rights, including WeAreDevelopers' Intellectual Property, in any way or by any means, unless expressly permitted in the Terms and/or under any applicable laws which expressly permit such actions;
j) make any use of the Content on any other site or networked computer environment for any purpose without WeAreDevelopers' prior written consent;
k) create a browser or border environment around WeAreDevelopers Content (no frames or inline linking is allowed);
l) sell, license, or exploit for any commercial purposes any use of or access to the Website, the Service or the Content;
m) frame or mirror any part of the Website without WeAreDevelopers' prior express written authorization;
n) create a database by systematically downloading and storing all or any of the Content from the Website;
o) transmit or otherwise make available in connection with the Website or the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
p) upload a Profile on behalf of another party;
q) submit incomplete, false or inaccurate biographical information or information which is not your own;
r) use the Website and Services for any purpose for which they were not intended; and/or
s) infringe and or violate any of the Terms, the applicable laws and guidelines/policies/rules of WeAreDevelopers.
4.2. A breach by the Developer against the above listed obligations entitles us to delete the account and the profile of the developer.
4.3. The developer will indemnify WeAreDevelopers and hold it harmless in all respects in connection with his/her usage of the website and service.
5. Intellectual Property Rights
5.1. The website, the service, the content (other than the developer and employment information or the profiles), the proprietary assets of WeAreDevelopers and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks and trademark applications, trade names, domain names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (hereinafter the, "intellectual property"), are owned by and/or licensed to WeAreDevelopers and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by WeAreDevelopers and its licensors.
5.2. The Terms do not convey to you an interest in or to WeAreDevelopers’ intellectual property but only a limited revocable right of use in accordance with the terms. Nothing in the terms constitutes a waiver of WeAreDevelopers' intellectual property under any law.
5.3. To the extent you provide any feedback, comments or suggestions to WeAreDevelopers ("feedback"), WeAreDevelopers shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the feedback into any current or future products, technologies or services of WeAreDevelopers and use this feedback for any purpose, all without further compensation to you and without your approval. You agree that all such feedback shall be deemed non-confidential. Further, you warrant that your feedback is not subject to any license terms that would purport to require WeAreDevelopers to comply with any additional obligations with respect to any WeAreDevelopers current or future products, technologies or services that incorporate any feedback.
6. Links to Third Party Sites
7.1. To use the website or the services you must be over the age of eighteen (18).
7.2. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the service. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the service, we will prohibit and block such person from accessing the service and will make all efforts to promptly delete any personal information with regard to such person.
8. Changes to the Website and / or the Service
WeAreDevelopers reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this website or the service or any part thereof, including but not limited to the content, without notice, at any time. In addition, you hereby acknowledge that the content provided under this website or the service may be changed, extended in terms of content and form or removed at any time without any notice to you. WeAreDevelopers shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this website, the service or the content included therein.
10. Warranty and Limitation of Liability
10.1. WeAreDevelopers does not assume any warranty that the developers’ expectations of the services offered are met. We merely provide services that can result in communication between employers and developers.
10.2. WeAreDevelopers does not warrant that an employment contract or a similar agreement of any kind, irrespective whether they are agreed in writing or orally, will be concluded between the employer and a developer though the usage of website and the services.
10.3. Usage of the website and the services is solely at the own peril and own risk of the Developer. Because employer authentication on the internet is difficult, WeAreDevelopers cannot and does not warrant that each employer is who they claim to be.
10.4. WeAreDevelopers shall be liable to developers if damage is caused by wilful misconduct or gross negligence. The liability for slight negligence of WeAreDevelopers, except for personal injuries, shall be excluded.
10.5. WeAreDevelopers shall not be liable for any indirect and consequential damages, in particular, but without limitation to, lost profits and third party claims arising out of or in connection with the website or the services.
10.6. WeAreDevelopers does not act as an agent for the developer or the employer. Any agreements created between an employer and a developer are not binding on us. We are not liable for, or obligated to enforce, any agreements between an employer and a developer. You will not consider WeAreDevelopers, nor will WeAreDevelopers be construed as, a party to such transactions whether or not WeAreDevelopers receives some form of remuneration in connection with the transaction, and WeAreDevelopers will not be liable for any costs or damages arising out of or related to such transaction.
10.7. You acknowledge that according to the state of technology there is no process to guarantee error-free execution of software. Therefore, we may not assume any liability for a continuous, error-free operation and a permanent usage of the website, the service as well as for the underlying software.
10.8. We are not responsible and have no liability for any links, information or services provided by any person or entity other than WeAreDevelopers including, without limitation, any technical failures or the lack of availability of any features and services available within the website or the service that are not under WeAreDevelopers control. The developer himself/herself is responsible for critically checking links, information or services from third parties and appraising it under his/her own responsibility.
10.9. No liability shall be assumed for correctness and completeness of any information on the Website. WeAreDevelopers takes no responsibility and assume no liability for any information / content that is posted, stored, uploaded, or transmitted via the Website or the Service by developers, employers or third parties, or for any loss or damages that may occur because of such information / content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity.
10.10. WeAreDevelopers shall not be liable for any kind of abuse of data or information by either developers, employers or third parties.
10.11. Further, WeAreDevelopers shall not assume any liability for system failures, disturbances, data loss and viruses resulting from external attacks or any other reason.
10.12. The developer shall be obligated to indemnify and hold WeAreDevelopers harmless against any third party claims resulting from the use of the website by developers.
11.1. The contract between WeAreDevelopers and the developer is effected by the registration described in section 2 of these Terms and is concluded for an indefinite period of time (the "Agreement").
11.2. We may suspend the service or your profile or any other provision of services to you, and we may terminate the agreement, at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases.
11.3. The developer may terminate the agreement at any time without giving any reason by deleting his / her profile.
12. Applicable Law and Place of Jurisdiction
12.1. All legal disputes which may arise out of or in connection with these terms and/or the legal relationship between WeAreDevelopers and the developers shall be governed by and construed under the laws of Austria without giving effect to its conflict of law rules and UN Sales Convention. In case of consumers, this choice of law applies only to the extent that the consumer is not deprived of the protection granted by the mandatory provisions of the law of the country of the consumer’s usual residence.
12.2. WeAreDevelopers and the developer agree that the competent court in Vienna shall have jurisdiction to hear and determine any suit action or proceedings and to settle and, for such purposes, irrevocably submit to the jurisdiction of such courts. The legal venue for all disputes arising in connection with the contract against a consumer having his place of residence, usual domicile or place of employment within the country shall be one of the courts of the district where the consumer has his place of residence, usual domicile or place of employment. For consumers who are not resident in Austria at the time of signing the contract, the legal place of jurisdiction shall apply.
13. Final Provisions
13.1. Should any provision of these terms (or any part thereof) be invalid, the validity of the other provisions shall not be affected. The invalid or ineffective provision shall be deemed to be replaced by such valid and effective provision as most closely corresponds to the economic purpose of the invalid or ineffective provision.
13.2. Any changes, amendments and side agreements to these terms are only valid if made in writing. This shall also apply to any agreed waiver of the written form requirement.