Last updated: October 18, 2022
These provisions (Terms and Conditions) establish the relations between ASOCIATIA PROIECT VOIAJOR, based in Bucharest, District 1, Maior Alexandro Campeanu str. no. 4-6, floor 2, app. 8, room I (the Association) and the people who use (the User) the www.jobs4ukr.com Platform (the Website or the Platform) that can be run from a computer device and/ or the services offered by the Association through the Website or Platform (Services).
Accessing and using the Website or the Platform, including any page, their component sections, or any Service provided through them, can only be done by these Terms and Conditions, the Privacy Statement and the Cookie Statement.
Association – refers to any and all names that include jobs4ukr, Website, Platform, and designates the ASOCIATIA PROIECT VOIAJOR along with the services offered through the recruitment Platform www.jobs4ukr.com created and offered by PLAYFUL SOFTWARE SRL, a limited liability company headquartered in Bucharest, 10 Glicinelor Street, registered at the Trade Register under no. J40/2950/2016, Tax Registration Code 35728130.
Employer – legal entity or any entity through its representatives (the Recruiter) that creates an Account for employers on the Platform;
User – any natural person, also called a Candidate, who creates an Account to create an employee profile and participate in the tests and games on the Platform;
Recruiter – the representative of the Employer or a natural person designated by the Employer who creates an Account and uses the Services and Platform offered at https://job4ukr.com.
Account – the section of the Platform consisting of an email address, password and username which allows the User to create an employee profile and participate in the tests and games and which contains information about the User, such as the User’s history on the Platform;
Platform – the Platform accessible at the URL www. jobs4ukr.com, including its subdomains;
Services – any service to be provided by Platform to the Users based on these Terms and Conditions;
Campaign – the act of displaying, for commercial purposes, a finite number of Services for a limited period set by the Association;
Content – all the information on the Platform that can be visited, viewed, or otherwise accessed using electronic equipment:
- The content of any email sent to the User by the Association through electronic means and/or any other available means of communication;
- any information communicated by any means by an employee/collaborator of the Association, to the User, according to the contact information, specified or not;
- information related to the Services practised by the Association in a certain period;
- information related to the Services used by a third party with which the Association has concluded partnership, collaboration or service contracts in a certain period;
- data relating to the Association or other privileged data thereof;
- data or news, tests and games available or under development by the Association;
Profile – all the data related to the results of tests and games, as well as those completed by the User in their personal profile, to which the Employer could have access;
Newsletter – means information, available periodically, exclusively electronic, respectively electronic mail, on the Services and/or promotions carried out by the Association in a certain period, without any commitment on the part of Platform concerning the information contained therein;
Results/Skills assessment – the set of results obtained by the Users following the tests and games, which will be displayed in the User’s Profile;
Games and tests – the items leading to the Skills Assessment of Candidates.
By registering an Account on the Platform, the User agrees with the form of communication (telephone or email) through which the Association carries out its Services.
When opening the User Account on the Platform, the User will confirm that he agrees with these Terms and Conditions. The User’s agreement to the Terms and Conditions is required for providing the Services.
The contractual agreement is considered concluded between the Association and the User at the time of receipt by the User from the Platform, by email, of the notification confirming the opening of the Account.
CREATING THE USER ACCOUNT
Access to create an employee profile and participate in the tests and games on the Platform is allowed to any User following the validation of the Account.
For justified reasons, the Association reserves the right to restrict Users’ access to register the Account if it considers that as a result of the conduct or activity of the User, it may be harmed in any way. In such a situation, the User may contact the Association to be informed of the reasons that led to the application of such measures by sending an e-mail to the address indicated in the Contact Section of the Platform.
For security reasons, the Platform reserves the right to ask Users to confirm the CAPTCHA validation to protect the information and traffic on the site.
ASSIGNMENT AND SUBCONTRACTING
The Association may assign and/or subcontract to a third party for Services related to games and tests through an embedded system within the Platform.
In case of access to the Services of a third party, it will be solely responsible for fulfilling the obligations assumed towards the Users.
INTELLECTUAL AND INDUSTRIAL PROPERTY LAW
The content, as defined in section 1 above, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and/or multimedia content presented on the Platform, is the exclusive property of the Association, to whom all rights obtained for this purpose are reserved directly or indirectly (through licenses for use and/or publication).
The User is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter the use, link to, expose, include any Content in any context other than the original one intended by Platform, the inclusion of any Content outside the Platform, the removal of signs that signify Platform’s copyright over the Content, as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express, wrote consent of Platform.
Suppose the Association grants the User the right to use in the form described in a separate user agreement certain content to which the User has or obtains access as a result of this agreement. In that case, this right extends only to that or those contents defined in the agreement, only during the period of its existence or these contents on the Platform or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment from the Association for that User or any other third party who has/obtains access to this transferred content, by any means and which could be or is harmed in any way as a result of this content, during or after the expiration of the user agreement.
No content transmitted to the User by any means of communication (electronic, telephone etc.) or acquired by him by accessing, visiting and/or viewing it constitutes a contractual obligation on the part of the Association and/or the employee/agent of the Association who mediated the transfer of Content, if any, to such Content.
Any use of the Content for purposes other than those expressly permitted by the Agreement or the accompanying user agreement, if any, is prohibited.
The Association will maintain the confidentiality of any information you provide. Disclosure of the information provided may be made only under the conditions outlined in these Terms and Conditions.
By submitting information or materials through this Platform, you offer the Association unrestricted and irrevocable access to them and the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that the Association may freely use the information, ideas, concepts, know-how or techniques you have sent to us through the Platform. The platform will not be subject to obligations regarding the confidentiality of the information sent if the legislation in force does not provide other specifications.
Association newsletters are sent by Platform. This ensures the confidentiality and security of information.
When the User creates an Account on the Platform, he can express his agreement regarding receiving Newsletters.
The User may change his option regarding the agreement issued to the Platform at any time:
- by contacting us in this regard at [email protected];
- by changing the settings in the User Account in the My Account Section; and
- by accessing the unsubscribe link displayed in the commercial messages received from the Platform.
Waiver of receipt of Newsletters does not imply a waiver of acceptance of these Terms and Conditions.
By creating and using the Account, the User assumes responsibility for maintaining the confidentiality of Account data (user and password) and managing access to the Account, and, to the extent permitted by the applicable law, is responsible for the activity carried out through his Account.
By creating the Account and/or using the Content, the User expressly and unequivocally accepts the Terms and Conditions of the Platform in the latest updated version that is communicated within the Platform, available at the date of creating the Account and/or using the Content and/or date of placing the Order.
After creating the Account, using the Content is equivalent to accepting the changes made to the Platform Terms and Conditions and/or the updated versions of the Platform Terms and Conditions.
The Terms and Conditions of the Site may be modified at any time by Association, being opposable to the User from the date of their posting on the Platform. Acceptance of the Platform Terms and Conditions is confirmed by checking the appropriate checkbox on the Platform.
The Association has the right to modify, delete, close or suspend the Accounts of the Users of the Platform, without prior notice, without any compliance deadline and without other formalities if the User does not comply with the following prohibitions and obligations:
- to provide real, correct and complete information during the registration and updating of Account details;
- not to publish, transmit or display any material or information through which goods or services are promoted, regardless of their nature;
- not to publish any unsolicited commercial messages or spam;
- not to publish or transmit any kind of message which is offensive, threatening, indecent, discriminatory or which may violate the rights of other Users;
- not to use applications, programs or commands made through code sequences, which may suspend, interrupt, alter or remove one or more of the functions of the Platform, regardless, and
- users declare that they will be solely responsible for the breach of these obligations and cover any damage suffered by another user or third parties who could claim damages caused by these violations.
THE PROCESSING OF PERSONAL DATA
The Association seeks to protect the right to privacy and the image of the Platform’s users as much as possible. The Association intends to provide a safe online experience that will not adversely affect your personal life. In this regard, the Association makes every effort to ensure that the information you enter into our database is used exclusively for your intended purposes.
At the time of registration on the Platform by creating an Account by accessing it, Association will process personal information likely to identify a particular person by these Terms and Conditions and for the purpose stated in the Platform’s Privacy Statement. You should read this statement to understand what personal data we collect and for what purposes we use it here.
CASES OF FORCE MAJEURE
Neither party shall be liable for non-performance of its contractual obligations if such failure to perform on time and/or correctly, in whole or part, is due to a force majeure event. A case of Force Majeure is an unpredictable event beyond the parties’ control which cannot be avoided.
If, within 15 (fifteen) days from its occurrence, the respective event does not cease, each party will have the right to notify the other party of the complete termination of the contractual relationship without any of them being able to claim damages from the other.
APPLICABLE LAW – JURISDICTION
These Terms and Conditions are governed by the laws of Romania.
Suppose it is impossible to resolve disputes amicably. In that case, the User may bring claims before the competent courts in Bucharest, where the Romanian language version of the Terms and Conditions shall prevail.