Terms of Service
1.
The Subject of the Terms of Service
The subject of the Terms of Service is defining the terms and conditions for the provision of Services by the Service Provider within the Service, in accordance with the definitions specified in Point 2 below.
2.
Definitions
In these Terms of Service the capitalized terms have the following meanings:
a)
Terms of Service - these terms of service,
b)
Service - an Internet service located at the address skillfind.tech,
c)
Service Provider - Warsaw Digital Sp. z o.o., with its registered office in Warsaw at Twarda 18 St., 00-105 Warsaw, registered in the register of entrepreneurs held by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register, under the KRS number 0000735294, with the share capital of 20,000.00 PLN, fully paid, with REGON number 380529016, and NIP number 5252753799,
d)
Services - services provided by the Service Provider within the Service, listed non-exhaustively in Point 3.2 below,
e)
Visitor - a natural person which obtained access to the Service,
f)
Account - a record in the Service's database identifying a given entity within the Service using the login system,
g)
User - an entity having an Account in the Service,
h)
Poster - entity conducting business activities on its own behalf, which holds an Account in the Service dedicated to adding Job Postings,
i)
Job Posting - an record in the Service's database, certain elements of which are publicly available under specified conditions, informing about the search for natural persons for employment based on an employment contract and/or cooperation based on a civil law contract other than an employment contract, for positions with a technological profile,
j)
Candidate - a natural person, which applied to a given position covered by a given Job Posting throught the application form available in the Service,
k)
Price List - a list of the Services' prices available at https://skillfind.tech/price-list,
3.
The Service
3.1.
The owner and the administrator of the Service is the Service Provider.
3.2
The services provided by the Service Provider within this Service include, without limitation:
a)
accepting Job Postings from Posters for publication in the Service,,
b)
publishing Job Postings in the Service,
c)
accepting applications from natural persons for positions covered by Job Postings and making these applications available to Posters,
d)
providing access to digital content, including, without limitation, technical articles,
3.3
Using the Service requires the Visitor to meet the following technical requirements:
a)
having access to a computer or mobile device with Internet access that ensures user security,
b)
having on the device the current version of a web browser such as Google Chrome, Mozilla Firefox, Microsoft Edge, Opera, Safari, or another compatible with the aforementioned, and
c)
enabling JavaScript and cookies support in the web browser.
3.4.
The service referred to in Point 3.2 a) above, namely the acceptance of Job Postings from Posters, may be subject to a fee according to the Price List.
3.5.
A change in the Price List does not constitute a change in the Terms of Service.
3.6.
A change in the Price List does not affect the prices of Services that are in progress.
4.
Posters
4.1.
An account dedicated to adding Job Postings in the Service may only be created by entities conducting business activities on their own behalf.
4.2.
Natural persons acting on behalf of the Poster concerning activities within the Service towards the Service Provider and third parties must have appropriate representation rights or authorization.
4.3.
The Service Provider is entitled to deactivate and/or delete a Poster's Account in case of a breach of the Terms of Service by the Poster. The Poster is not entitled to any refund of costs, damages, or any other claim in this regard.
5.
Job Postings
5.1.
Job Postings do not constitute offers within the meaning of the Polish Civil Code, but only invitations to commence a recruitment process for entering into an employment contract or negotiations for entering into another type of contract.
5.2.
Posters are responsible for ensuring that the content of Job Postings they publish complies with the law, good practices, and ethical standards.
5.3.
The responsibility for the content of Job Postings, including their completeness, timeliness, and accuracy, lies solely with the Posters.
5.4.
Each Job Posting remains active for a period of 60 days from the publication date, unless removed earlier by the Poster or the Service Provider. Upon expiration of the activation period, the Job Posting becomes invisible to Visitors.
5.5.
A Job Posting can be deleted by the Poster at any time.
5.6.
The Service Provider reserves the right to remove a Job Posting if it determines that the Poster has violated the Terms of Service. The Poster is not entitled to any refund of costs, damages, or any other claim in this regard.
5.7.
It is prohibited to include in Job Postings inquiries about personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, membership in a religious denomination, political party or trade union, as well as data concerning health, genetic code, addictions or sexual life, and data regarding criminal convictions, penalties, and fines, as well as other judgments issued in court or administrative proceedings.
5.8.
For promotional purposes, Job Postings may be published by the Service Provider in whole, in part, or in summary form outside of the Service, on other websites, advertising platforms, promotional materials, mailing lists, and other locations, in a manner that includes the Posters's Works, as defined in Section 6.1 below.
5.9.
The Service Provider does not guarantee to the Poster that after the publication of the Job Posting they will receive any applications for the position covered by the posting, nor that the submitted applications will have any economic value.
5.10.
The Service Provider does not guarantee to the applicant for the position covered by a given Job Posting that the Poster will offer them any form of cooperation, nor that they will contact them after receiving the application.
5.11.
Except for making available to the Poster the application submitted through the application form available in the Service, the Service Provider does not participate in the contacts between the Poster and the person who submitted such an application.
6.
License
6.1.
When creating an Account, editing an Account, adding Job Postings, and using other services provided by the Service Provider within the Service, a Poster provides trade names, graphic symbols, and verbal marks (hereinafter referred to as the "Poster's Works").
6.2.
The Poster declares that they hold full proprietary copyrights or appropriate licenses to the Poster's Works, and providing them in accordance with Section 6.1 above does not infringe the rights of third parties, particularly but not limited to copyrights, licenses, and personal rights of third parties.
6.3.
The Poster assumes full and exclusive responsibility towards third parties in connection with providing the Poster's Works in accordance with Section 6.1 above and agrees to cover costs related to satisfying third-party claims against the Service Provider in this regard.
6.4.
The Poster grants the Service Provider a territorially unlimited and non-exclusive license to use the Poster's Works for the purpose of providing services to the Poster through the Service, including, but not limited to, publicly sharing Job Postings published by the Poster that contain the Poster's Works, as well as promoting these Job Postings.
6.5.
The license referred to in Section 6.4 above is granted free of charge for the purpose and duration of providing services to the Poster by the Service Provider through the Service.
6.6.
To provide services to the Poster, including, but not limited to, promoting the Poster's Job Postings, the Service Provider is authorized to grant sublicenses concerning the Poster's Works.
6.7.
The license referred to in Section 6.4 above is granted for the following fields of exploitation:
a)
regarding the application of the Poster's Works: single or multiple use of the Poster's Works for the purposes indicated in Section 6.4 above,
b)
regarding the preservation and reproduction of the Poster's Works: production of copies of the Poster's Works by various techniques, including but not limited to printing, reprographic, magnetic, IT, digital, photographic, artistic, visual, audiovisual, multimedia techniques, and furthermore, permanent or temporary reproduction of the Poster's Works in whole or in part by any means and in any form,
c)
regarding the dissemination of the Poster's Works: public performance, exhibition, display, playback, and broadcasting and rebroadcasting, as well as making the Poster's Works available in such a way that anyone can access them at a place and time chosen by them, including but not limited to on the Internet,
d)
regarding interference with the Poster's Works: translation, adaptation, rearrangement, making of summaries, or any other changes to these works, with the rights of the person making these changes being preserved.
6.8.
The Poster hereby agrees to the anonymous use of the Poster's Works by the Service Provider in all fields of exploitation indicated in Section 6.7 above, particularly but not exclusively, the Service Provider has the right to use the Poster's Works without indicating the authorship of the Poster.
7.
Personal Data Protection
7.1.
The Privacy Policy and the Cookies Policy are integral parts of these Terms of Service.
7.2.
With regard to the personal data of Visitors processed by the Service Provider in connection with the provision of Services within the Service, the Service Provider is the data controller.
7.3.
The Service Provider is not the data controller for personal data provided outside the Service, even if such data was provided after being redirected from the Service. The data controllers for such data are the entities that collected or process this data.
7.4.
After collecting personal data and providing it to the Poster in accordance with Section 3.2 c), the Poster also becomes the data controller for these personal data, being solely responsible for the processing of this personal data that occurs after the provision. The Service Provider does not act as the data controller in this regard.
7.5.
The Poster, who has become the data controller in accordance with Section 7.4 above, is obliged to fulfill all legal obligations required as a data controller, including but not limited to, implementing appropriate technical and organizational measures to meet legal obligations and ensure data security, as well as fulfilling informational obligations towards the data subjects.
8.
The rights and liability of the Service Provider
8.1.
The Service Provider is entitled to cease providing the Services through the Service at any time, as well as to introduce interruptions in the provision of the Services.
8.2.
The Service Provider does not guarantee that the information, data, and opinions presented in the articles contained in the Service are correct.
8.3.
The Service Provider's liability to a given Poster is limited to the amount of costs incurred by the Poster for purchasing the Service Provider's Services within the Service, unless the Service Provider acted with willful misconduct.
8.4.
The Service Provider is not liable when its actions or omissions result from obligations imposed by mandatory provisions of law.
8.5.
The Service Provider exercises due diligence to ensure that the quality of services provided within the Service is adequate, but does not offer any guarantee for them.
8.6.
The Service Provider exercises due diligence to ensure that the content presented within the Service is of adequate quality, but does not offer any guarantee for it.
8.7.
The Service Provider is not liable for lost profits due to the use of the Services provided by the Service Provider within the Service, nor for any other use of the Service, unless mandatory provisions of law require otherwise.
8.8.
The Service Provider is not liable for damages arising from the use of the Services provided by the Service Provider within the Service, nor for any other use of the Service, that arise from actions or omissions of the injured party or third parties, unless mandatory provisions of law require otherwise.
9.
Complaints
9.1.
Visitors and Users of the Service have the right to file complaints regarding the provision of Services by the Service Provider within the Service.
9.2.
Complaints referred to in Section 9.1 above can be submitted by mail to the registered address of the Service Provider or by email to contact@skillfind.tech.
9.3.
The Service Provider strives to address complaints within 30 calendar days.
10.
Amendments to the Terms of Service
10.1
The Service Provider is entitled to amend these Terms of Service and their integral parts, including, without limitation, the Privacy Policy and the Cookies Policy, with regard to:
a)
amendments required due to the mandatory provisions of law,
b)
amendments required due to counteracting abuses and ensuring safety of the Visitors and the Service,
c)
commencement of the provision of new services by the Service Provider within the Service,
d)
amendments in the scope provisioning of the existing services by the Service Provider within the Service,
e)
termination of the provision of the existing services by the Service Provider within the Service,
f)
amendments in the scope of the functioning of the Service,
g)
amendments in the scope of privacy protection of the Visitors and the Visitor behavior analysis,
h)
editorial amendments.
10.2
Aamendments to the Terms of Service enter into force on the date indicated by the Service Provider, however not shorter than 15 days from the date of notification about those amendments through their publication on the website available at https://skillfind.tech/terms-of-service, and with regard to the existing Users through sending information about these changes to the User's email address provided by the User and saved within the Service.
10.3
The amendments to the Terms of Service introduced due to the mandatory provisions of law and/or due to counteracting abuses and ensuring safety of the Visitors and the Service may enter into force in the period shorter than specified under Point 10.2, including even with immediate effect.
10.5
In case of non-acceptance of the planned amendments to the Terms of Service, the existing User is entitiled terminate the agreement regarding Account maintenance within the Service with immediate effect, within the period of 14 days from the date of receiving notification of these changes, through sending an email message with the relevant content to the address contact@skillfind.tech, with the reservation that such termination is not applicable to the paid services provisioned by the Service Provider within the Service activated before these amendements, until the termination of provisioning of those services. Failure to terminate the agreement regarding the maintenance of the Account in the Service in this manner constitutes acceptance of the Terms and Conditions.
10.6
Once the amendments to the Terms of Service enter into force an activation of a new service requires re-accaptance of the Terms of Service.
11.
Final Provisions
11.1.
These Terms of Service are governed by the Polish law.
11.2.
Disputes arising from these Terms of Service will be resolved by the court having jurisdiction over the Service Provider, unless mandatory provisions of law specify otherwise.
11.3.
These Terms of Service are applicable as of August 25th, 2024.