1. Introduction
1.1. Service Provider: Means owner of the “Website & Platform”.
1.2. Terms and Conditions: Means these Terms and Conditions (“Terms” or “General Terms”) that regulate access and use of the Website (including any content thereon) and the Platform (meaning services described in general information). Terms include any other document issued by Service Provider and to which reference is made in the Terms. Any breach of these documents will also constitute a breach of these Terms.
1.3. Website & Platform: The Terms apply to any visitor of the Website (“Visitor”) and any user of the Platform. Visitors accept the Terms by accessing the Website and continuing to use the Website while users accept the Terms during the registration process. Only the registered users (users having an active Subscription to the Platform or being included in an active Subscription to the Platform; “Users”) are given access to the Platform.
1.3. Beta Product: The Service Provider may provide you with beta software, features, documentation, and access to the beta test program ("Beta Product"). By participating in the Beta Product program, you (the Customer) agree to the terms and conditions outlined in the Beta Agreement. The Service Provider reserves the right to terminate the Beta Product at any time without prior notice.
2. Roles
2.1. Visitor: Any person visiting Website.
2.2. Customer: Any person having an active subscription to the Platform i.e. being party to the Master Service Agreement with Service Provider. The customer may add additional Users to his subscription i.e. to his account. The customer selects and changes different roles of the relevant Users. The customer remains responsible for any acts or omissions by any User associated with his / her account.
2.3. User: Any person using the Platform either as a Customer or being included in an active Customer subscription to the Platform.
2.4. Administrator: Any User designated by the Customer as a person authorized to manage with the Customer account (add new Users, replace the existing Users, accept new or change the existing Subscription Plan or add-ons, etc.) and having access to all Customer related information.
3. Visitor
3.1. Approved use: Visitors may use the Website in line with its purpose - to access the Platform or to get basic information about the Platform. Visitors are forbidden from using the Website for any other purpose, especially from making any content published on the Website available elsewhere including any case of deep-linking, framing, or similar activity.
3.2. Liability: Service Provider neither accepts any liability nor gives any commitment towards any Visitors. Visitors are neither given any warranties regarding content available on the Website nor its availability.
3.3. Third party links: The Website may contain links to other websites. Visitors access these at their own risk. Service Provider does not guarantee safety and does not assume any liability for the content available on these websites.
4. User
4.1. Registration: User is first required to register by completing the online registration form to gain access to the Platform in which process User is asked to accept these Terms. User is responsible for the accuracy and validity of the data submitted during the registration process and all its subsequent modifications.
4.2 Validation: Service Provider reserves the right to check information provided in the registration process and to reject any registration when it has reason to believe that (a) the registration process was not done properly and/or (b) this user plans to use the Platform for the purposes that are contrary to these Terms or the Fair Use Policy.
4.3. Suspension: Service Provider reserves the right to suspend access to the Platform in case a User is in breach of these Terms. Suspension means that User may not access the Platform until the suspension is cancelled. Suspension may apply not only to the relevant User but to the associated Customer account (and all Users associated with this Customer account). Suspension will be cancelled only once this User provides sufficient evidence that the breach is remedied and provides sufficient assurances that no such or similar breach will occur in the reasonable future.
4.4. Liability: Service Provider neither accepts any liability nor gives any commitment towards any User other than the Customer. Visitors are neither given any warranties regarding content available on the Website nor its availability.
5. Use of the Platform
5.1. Approved use: User may use the Platform in line with these Terms and the Fair Use Policy. The Platform and information collected via the Platform may solely be used for finding the appropriate employees and filling workplaces.
5.2. Forbidden use: User is strictly prohibited from (a) submitting inappropriate or offensive content on the Platform, (b) disseminating inappropriate or offensive content via the Platform, (c) false representation or sending fraudulent emails and (d) collecting or processing any special categories of the personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation. Service Provider may modify and/or remove any content not in line with these Terms and suspend relevant User (relevant account).
5.3. Fair use: Any use exceeding the Fair Use Limits (any of the two criteria) or any use resulting in unusually high bounce rates or spam complaints, will be deemed potentially harmful not only to the Platform but also to other Users. In such case, we reserve the right to suspend and cancel the relevant User and associated Customer accounts.
5.4. Warranties: No warranties are given in relation to the appropriateness or correctness of any content created or published by any User on the Platform or disseminated by any User via the Platform.
5.5. Trial: The User may access the Platform on a trial basis for up to 14 days at no cost, solely for preview purposes. During the Trial, the Service Provider offers the Services "as-is" without liability for any harm or damages, and may withdraw access at any time. Continued use after the Trial requires payment, with the User fully liable for any damages incurred during the Trial.
6. Marketplace Partners
6.1. 3rd party products & services: Service Provider offers Users the option to use and/or purchase third-party products and services integrated with the Platform and which complement the Platform i.e. functionalities and services available on the Platform. These however do not represent a part of the Platform. Such products and services are supplied by the Marketplace Partners, under their relevant terms and conditions. Marketplace Partner may at any time change his/her products and services (see the terms and conditions for the relevant product or service).
6.2. Important remarks: Any data User shares with the Marketplace Partner, including any personal data, is the sole responsibility of this User and such Marketplace Partner (and not Service Provider). In case User so decides, Service Provider may receive a copy of such data so that it is available in the Platform. Service Provider is not an agent or otherwise a partner of any of the Marketplace Partners. Service Provider may at any time add or remove any of the Marketplace Partners from the Platform. This will be of no effect to this Agreement.
6.3. Excluded: While Service Provider accepts only the trusted Marketplace Partners, Service Provider gives no warranties in relation to their products and/or services and especially regarding their availability and/or quality in general. Service Provider is not involved in daily business or operations of the Marketplace Partners nor has any interest or control over the Marketplace Partners who operate as independent third parties.
7. Intellectual Property Rights
7.1. Service Provider Content: Means information and other content (a) created or published by Service Provider on or via the Platform and/or the Website, (b) any metadata created by the access to and/or the use of the Platform by any User, (c) User information created in the registration process and (d) any derivate information created by the Platform based on the User Content.
7.2. User Content: Means information and other content (a) created or published by Users on or via the Platform and/or the Website, including the recruitment data & job posts and (b) collected by Users via the Platform and/or the Website.
7.3. Service Provider IP: All intellectual property rights to the Platform, to the Website and to the Service Provider Content are vested to Service Provider to the fullest extent allowed by the applicable law. By this Agreement, Users receive exclusively time-limited access to the Platform which they may use for the purposes allowed by these Terms. No further rights or licenses or any implied licenses are granted to Users. User agrees that Service Provider may analyze his use of the Platform and the Website and learn therefrom.
7.4. User IP: User warrants that he/she owns or has adequate intellectual property rights to the User Content. The User Content remains the ownership of the relevant User. User hereby gives Service Provider a non-exclusive, permanent, worldwide, transferable and royalty free licence to store and publish the User Content and to use it for the purpose of the Platform / Website including for the purpose of developing or maintaining the Platform / Website. For avoidance of any doubt, this is of no effect to the User trademarks and tradenames, which are excluded from this license.
7.5. Restricted actions: User undertakes not to try or do any of the following: (a) modify, translate, create derivative copies of the Platform or the Website in whole or in part; (b) reverse engineer or decompile or otherwise access the object code of the Platform; (c) distribute, sub-license, assign, share, timeshare, rent, lease, or otherwise transfer the access to the Platform.
7.6. Portability: Service Provider will on a reasonable request from either Customer or Administrator export and transfer all Customer Content to such Customer, free of charge and in machine-readable format, once during the term of this Agreement (usually before the end of the Term). Once this Agreement expires, Service Provider is under no duty to keep the Customer Content and may delete it. Customer can delete (most of the) Customer Content directly (at any time during the Term).
8. Final
8.1. All relations between Service Provider and Users which are not specifically regulated by these Terms shall be governed by and construed in accordance with Croatian (material) law. Service Provider and User shall endeavour to resolve all disputes regarding the interpretation, application or fulfilment of these Terms amicably, otherwise they shall be settled before the court in Zagreb.
8.2. Service Provider reserves the right to modify these Terms at any time. Any modification of the Terms will be published on the Website and shall be binding for all Users from the date of publication.