FUZU SERVICE TERMS

Effective date 15th of February 2016

What is FUZU?

FUZU is your online career coach and employment service with a social twist. With FUZU, users can dream about the future, plan their careers ahead, learn new skills and competencies and to find jobs that match with their unique talent and profile. For employers, FUZU allows them to attract talent, find candidates that match with their requirements, conduct headhunting and continuously keep their staff skills up to date with the job market demands.

What are these Terms about?

These FUZU Service Terms together with the Privacy Policy and information that may be provided within the Service (collectively "Terms") govern Your (later on referred to as "You", "Your" or "End User") use of the service, site, content and software (collectively the "Service"). By registering for or using the Service or any portion of it You accept the Terms.

The Terms constitute an agreement between You and FUZU Ltd (corporate ID 2546225-2) with its address at Siltavuorenpenger 7, 00170 Helsinki, Finland including its affiliates and suppliers (collectively "FUZU"), defining Your ("End User") and FUZU’s rights and responsibilities with respect to the Service.

You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Who can use the Service?

You can register for the Service as an individual user (Individual) under the Job Seeker-section of the Service or as a company, organization, government, or other legal entity user (collectively Organization) under the Employer section of the Service.

To use the Service, You must be at least eighteen (18) years of age. If You are under eighteen (18) years of age, or at least eighteen (18) years of age but a minor where You live, You must have Your parent, legal guardian or legally competent representative of the Organization you represent accept Your registration on Your behalf and approve Your use of the Service. Anyone completing the registration must be legally competent.

If you are accepting these Terms and using the Service on behalf of an Organization, you represent and warrant that you are authorized to do so.

Registering or Terminating the use of the Service

To use a Service You may need to register and create a FUZU account with username and a password. You may need to provide us with certain personal information or information about the Organization you represent. FUZU may verify Your email address before account can be used or FUZU may use SMS based verification service to confirm Your identity. In case of Organizations, Fuzu may additionally validate the company identity (Company ID, Tax ID and alike) with the help of local authorities.

The creation of a FUZU Account will require data transmission. Data transmission costs may apply and are borne by the End User.

You agree to provide truthful and complete information when You register for the Service and to keep that information updated to Your best ability. Truthful information helps You to take full benefit of the Service. You must take due care to protect Your username and password against misuse by others and promptly notify FUZU about any misuse. You, and Your parent or legal guardian, if You are a minor, are personally responsible for any use of the Service.

You may terminate Your registration if You no longer wish to use the Service by contacting Fuzu user support or by sending an email to  [email protected] Termination means that You will no longer have access to the Service. FUZU may terminate Your registration or restrict Your access to certain parts of the Service if FUZU reasonably believes that You have breached the Terms or with prior notice if You have not used the service over the past six (6) months.

Except as set forth in the Privacy Policy, FUZU is not responsible for any removal or loss of the information or content You have submitted to the Service. When information or content is removed from the Service by either You or FUZU, traces or copies may still remain elsewhere.

Who owns and what?

FUZU grants You a non-exclusive, non-transferable license, revocable at any time at FUZU’s sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant You any intellectual property rights in or to any information or content in the Service.

As part of the Service, FUZU may provide You with content developed by FUZU or third parties that is owned by FUZU and accessed within the Service ("FUZU Content") or provide access to third party content ("External Content") provided by Organizations using the Service or third party platforms such as YouTube. Content covering both FUZU Content and External Content is referred to as "Content". FUZU grants You a non-exclusive and perpetual license to use FUZU Content for the purpose it is intended, unless otherwise defined in the applicable Terms or the purchase order. Some FUZU Content may have geographical restrictions. You are bound by any restrictions applicable to specific FUZU Content You obtain through the Service. Any license acquired to third-party FUZU Content is a binding agreement between You and the third-party FUZU Content provider. You have only the rights to the FUZU Content which are expressly granted here. With regards to External Content FUZU claims no ownership of content that is accessed through FUZU, but operated from a third party platform.

As part of the Service, FUZU may provide You with a mobile application or client developed by FUZU ("App"). Your use of App may be subject to separate terms and conditions that You must accept before using the App. If there are no separate terms and conditions applicable to such App, the following terms apply: FUZU grants to You a limited, non-exclusive, non-transferable right to install and use the App on Your computer and/or mobile device. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the App. For open source licensed software, applicable open source license terms apply.

You, as Individual or representative of an Organization, may be able to submit information or other types of digital content, such as photos, logos, other forms of trademarks, video, audio or text ("Data") relevant to You or Your Organization to the Service. FUZU does not claim ownership in Your Data, unless agreed upon through separate agreement. Your submission of Data does not transfer ownership of rights of the Data to FUZU. FUZU is only transmitting the Data and is not responsible for editorial control over it. By submitting Data to the Service You grant FUZU a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the Data to incorporate the Data into other works, and to grant similar sublicenses to the extent necessary for FUZU to provide the Service. You may be able to adjust this grant in the privacy and other settings of the Service.

You are solely responsible for taking backup copies of the data You store on the Service, including Content You upload. If the Service is discontinued or canceled, FUZU may permanently delete Your data. FUZU has no obligation to return data to You after the Service is discontinued or canceled.

What are the do's and don'ts?

You agree to:

  • Comply with applicable laws, the Terms and good manners;
  • As Individual, use the Service only for Your personal, career development related purposes;
  • As Organization, use the Service to identify, develop and foster professional talent or to promote your Organization;
  • As Individual, keep only one user account, and keep its information up to date and truthful;
  • As Organization, ensure that the account information is up to date and truthful;
  • As Individual, not send job applications or conduct tests on behalf of somebody else or otherwise use somebody else’s user account or identity on FUZU Service;
  • As Organization, not publish campaigns, news updates or other content that is meant to mislead or scam Individual users or other Organizations;
  • Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous or otherwise inappropriate Data;
  • Obtain any consents, permission or licenses that may be legally required for You to submit any Data;
  • Respect the privacy of others;
  • Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses; or
  • Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Service users;
  • Not to use any automated systems or means to access, acquire, copy or monitor any part of the service.

FUZU may, but has no obligation to:

  • Monitor or moderate any Content or Data;
  • Remove any Data from the Service;
  • Restrict access to any part of the Service at any time in its sole discretion; and
  • Block Users from accessing the Service in case violation of these Terms.

What about accessing and using the Content?

Before downloading or accessing any Content, please check whether the content which You wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. FUZU shall not be responsible for any claims or offense caused or suffered by You accessing such Content.

You agree:

  • To use the Content only for Your personal, non-commercial purposes;
  • To use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies that apply to the specific content;
  • Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms and to advise FUZU promptly of any such unauthorized use;
  • Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information;
  • Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
  • Not to give out Your password or otherwise allow other people to access the Content. The restrictions on copying that apply to applicable media also apply to the Content accessed as part of this Service.

The Content is owned and/or controlled by FUZU and/or its respective licensors and is protected by intellectual property laws. The third party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims You may have relating to that Content or Your use of that Content. However, FUZU may enforce the third party Content license terms against You as a third party beneficiary of those terms. The third party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. FUZU may be acting as an agent for third party Content provider in providing the Content to You. FUZU is not a party to the transaction between You and the third party Content provider for such Content.

Allegations of Copyright Infringement

You may notify FUZU of copyright infringement on the Service by providing notice (a) by email with "Copyright Notification" in the subject line to [email protected], (b) by a document titled "Copyright Notification" mailed to FUZU Oy, Siltavuorenpenger 7, 00170 Helsinki, Finland or (c) via the online form, if available. Your notice must:

  1. identify the original copyrighted work You claim has been infringed;
  2. identify the content on the Service that You claim is infringing the copyrighted work. Please provide enough detail for FUZU to locate the allegedly infringing content on the Service;
  3. provide Your contact information, including Your full name, mailing address, telephone number, and email address, if available;
  4. provide a statement that You have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. 5. provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is truthful and that I am the rightful owner of the copyright, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."; and
  6. provide Your signature, as applicable.

How does Fuzu inform End-Users about the changes?

FUZU may post notices within the Service. FUZU may also send You notices about new or changing Services to the email address or telephone number You have provided to us. You are deemed to have received such notices at the latest within seven (7) days from FUZU sending or posting those. Your continued use of the Services constitutes Your receipt of all notices regardless of delivery method.

What fees am I subject to?

Your use of the Service may be or may become subject to charges. These charges may cover parts or the entire Service.

Any fees charged by FUZU will be announced separately in connection with the Service.

Use of the Service involves transmission of data through Your service provider’s network. Prices listed within the Service DO NOT include possible data transmission, text message, voice or other service provision charges by Your network service provider.

FUZU assumes no responsibility for the payment of any charges of Your service providers.

What are the payment terms?

"Order" shall mean the selection of payable Content or Service and/or subscription to Content or Service offered by FUZU and available in the Service and submission of payment method, as well as submitting the order by selecting the "buy", "ok", "I accept", "confirm", "pay" or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to You in the order flow.

To place an Order within the Service, You must have reached the age of legal competence according to the applicable legislation. If You have not reached the age of legal competence, You may place Orders only with the prior consent of Your parent, legal guardian or the Organization you represent.

You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by FUZU.

You may pay by credit or debit card, network service provider billing, mobile money, or other payment methods if available.

Your credit or debit card must have a billing address in the country where the Content or Service is offered by the Service. FUZU will charge Your credit card or debit Your bank account within a reasonable time after You have made Your Order. All credit card payments are subject to validation checks and authorisation by the card issuer.

If You choose network service provider billing, charges will appear on Your mobile phone bill or be deducted from Your prepaid account if it is a prepaid account. Some network service providers may subject Your usage of the Service to additional terms and conditions including placing limits on the amount of charges possible with network service provider billing. Charges in excess of network service provider limits or account balance may be rejected.

You agree to pay the charges related to Your Order, to ensure that the instrument of payment is valid at the time of the Order, that You are the rightful holder of the instrument and that the instrument is used within its credit limits.

The Content or Service that is delivered is licensed to You. You agree to use such Content or Service solely as permitted in these Terms and in any additional terms that You may be presented in the order flow.

The Service may offer subscriptions. You authorise the Service to place a periodical charge during the period of the subscription. The Service may also offer a trial period. If Your Order involves a trial period (also known as try-and-buy), You may be charged when the trial period expires, unless You cancel in accordance with the subscription/trial terms.

The prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of Your transaction, unless otherwise stated, and need to be paid in full to FUZU. Depending on local tax laws and regulations, You may be required to pay additional taxes, such as the withholding tax. There may be instances where You incur additional charges from Your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. FUZU assumes no responsibility for the payment of bank or any other third party service fees, charges or taxes.

What about service availability and technical requirements?

The availability of Content and the Service may vary and is subject to FUZU’s sole discretion. FUZU expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.

To access the Service, You may need to download a specific piece of App developed by FUZU or by another party.

FUZU may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. To ensure You have the latest FUZU device software and applications, Your device may automatically check for the availability of App updates from FUZU. If any are detected You will be prompted to approve the installation. You may disable automatic checking for updates through settings in Your device. You may also install App update through available software update channels. If FUZU considers a App update to be important or critical You may not continue using the previous version of the App. FUZU may prevent Your use of the previous version of the App or Service until You install the update.

FUZU may disable any Content, Service or App contained in Your Service account for any reason and remove any Content or App and/or disable copies of any application on Your device in order to protect the Service, application providers, wireless carriers over whose network You access the service or any other affected or potentially affected parties.

A particular service may be a pre-release version, for example a beta release, and may not work in the way a final version works. FUZU may significantly change any version of Service or App or decide not to release a final version.

Can I cancel my Order?

You agree to the electronic delivery of Content or Service being initiated concurrently with the placement of Your Order. You will not be able to cancel Your Order once it has been processed. The nature of the Content is such that it cannot be returned.

In the event that after Your Order You discover and promptly inform FUZU within 48 hours that (a) the Content or Service You have ordered is faulty; (b) the Content or Service FUZU delivers to You does not match the description of the Content or Service You ordered via the Service; or (c) technical problems delayed or prevented delivery of Your Content or Service or accidental multiple orders caused by such technical problems, Your sole and exclusive remedy with respect to such Content or Service will be either replacement of such Content or Service, or refund of the price paid for such Content or Service, as determined solely by FUZU. Otherwise, no refunds are available. If You encounter any of the above issues, please contact FUZU.

What happens with my social and location data?

You may use features in the Service to share Your location, status, content, Data or information about You as an Individual or representative of an Organization or to interact with other users, sites and services. By using these features You agree that FUZU may use and provide that information to other services and persons with whom You choose to interact or share this information with. Users of these services and persons, such as Your contacts or people or Organizations You Follow, may see or get to know Your location, status and/or personal information. In using these features You agree not to share information, Content or Data or to link to any service or site that: (a) contains content or other material that is illegal or inappropriate; or (b) exploits intellectual property rights without authorisation or encourages users to piracy. Any interaction does not involve FUZU and is solely between You and the other user(s).

How to provide feedback to FUZU?

By submitting any ideas, feedback and/or proposals ("Feedback") to FUZU through the Service or other means, You acknowledge and agree that: (1) FUZU may have similar development ideas to the Feedback; (2) Your Feedback does not contain confidential or proprietary information of You or any third party; (3) FUZU is not under any obligation of confidentiality with respect to the Feedback; (4) FUZU may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) You are not entitled to compensation of any kind from FUZU.

Links to third party sites and content

FUZU may include access to sites and services on the Internet or preloaded clients that enable You to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services before using these sites or services.

FUZU has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that FUZU endorses the site or the products or services referenced in the site.

In addition, You and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. FUZU is not responsible for this type of content or links.

FUZU and advertisements?

Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.

How does Fuzu take care of Your privacy?

The Privacy Policy and any additional privacy information made available to You govern the use of data related to You as an Individual user or as a representative of an Organization.

Indemnification

You agree to defend and indemnify FUZU from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) Your breach of the Terms, (ii) Your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by Your failure to take reasonable measures to protect Your username and password against misuse.

Limitation of liability

The Service is provided on "AS IS" and "AS AVAILABLE" basis. FUZU does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at Your sole risk and that You may be exposed to content from various sources.

Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, FUZU is not liable for any direct damages caused by Your use or inability to use the Service. In no case will FUZU be liable for any indirect, incidental, punitive or consequential damages resulting from Your use or inability to use the Service.

How long are these Terms valid?

The Terms neither exclude nor limit any of Your mandatory rights in Your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. In the event one or more provisions of these Terms are not relevant to Your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. If there is any conflict between these FUZU Service Terms and the Privacy Policy, the provisions of these FUZU Service Terms prevail. The provisions of the Terms that are intended to survive termination of Your registration remain valid after termination.

Choice of law for these Terms

The Terms are governed by the laws of Finland without regard to its conflicts of law provisions.

Making changes to the Terms

FUZU may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, FUZU will provide a separate notice advising of the change.

You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes Your consent to any changes and modification.

Intellectual property

The Service, Content and App are protected under international copyright laws. FUZU claims copyrights in its Service, Content, and App to the maximum extent of the law. Subject to the Terms, FUZU retains all right, title and interest in the Service, its Content, the App and in all other FUZU products, software and other properties provided to You or used by You through the Service.

Transferring rights and obligations

FUZU may transfer its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with FUZU. Additionally, FUZU may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.