Terms of Service and User Agreement
Last updated: 13 June 2018
Table of Contents
- Acceptance and Changes.
- Scope of Services.
- Using of Services.
- Fees And Services.
- Right To Refuse Service.
- Our Warranties and Disclaimers.
- Liability for our Services.
- Jurisdiction Limitations.
- Law And Forum For Legal Disputes.
- No Partnership.
- Contact Us.
In This User Agreement:
“Account” means your account on this website which can be corporate, business or personal.
“Customer”, “You” means a User of our Services and Website, and any entity that visits and/or uses the Website and/or our Services.
“Working Nomads”, “we”, “our”, or “us” means Working Nomads s.r.o., Sokolská 3244/18, 811 04 Bratislava, Slovakia, ID: 50887700, EU VAT ID: SK2120516189.
“Intellectual Property Rights” refers to all intellectual rights including but not limited to: (a) copyright, patents, registered designs, trademarks, and any information kept confidential; and (b), whether or not such privileges are listed or capable of being listed and whether current under any laws.
“Services” means services delivered by Working Nomads, including but not limited to providing job listings and tests.
“Website” refers to the websites operated by Working Nomads s.r.o. and any connected Services, implements or applications, these websites might include, but are not limited to workingnomads.co.
2. Acceptance and Changes
You acknowledge and agree that we may revise this User Agreement at any time and in our sole discretion by posting the relevant revised and restated User Agreement on the Website. We reserve the right to modify, suspend or terminate the Website and/or any portion thereof, including any Service, and/or your use of the Website, or any portion thereof, at any time for any reason with or without notice to you.
By continuing to access or use the Website and Services, you are indicating that you agree to be bound by the revised User Agreement. If you do not agree to continue to use the Website and/or Services on basis of the revised User Agreement, please cease to use our Website and/or Services.
3. Scope of Services
Our Website is an online platform for job posting and searching and related services. Through the Website we gather information received from companies and other entities that post jobs, search for candidates and manage hiring.
By using the Website, a Customer may browse through job posts, submit applications and arrange for interviews. Working Nomads is not an owner or operator of job posts, and other content listed on and/or through the Website by companies and other entities. Working Nomads does not own, post, amend, offer, provide, manage and/or control job posts and other content listed on and/or through the Website by companies and other entities. On our Website a Customer and companies/entities enter into a direct (legally binding) contractual relationship with each other.
The job description and other information contained in the job posts are based solely on the information provided by companies and other entities. We do not verify any such information and cannot guarantee that all information is accurate, complete and correct, nor can we be held liable for any errors, omission, interruptions (whether due to any breakdown, repair, upgrade or maintenance of our Website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Customer and company/entity remains responsible at all times for the accuracy, completeness and correctness of any and all information displayed on our Website.
This Website does not constitute and shall not be regarded as a recommendation or endorsement of the quality, service level, qualification of job offer, job description displayed on the Website.
Nothing on this Website is intended to be nor should be construed as an offer to enter into a contractual relationship, except for this User Agreement and our policies which governs the relationship between us in relation to your use of the Website.
If you make a contract with a third party who is named or referred to on this Website, it is your responsibility to ensure that the terms of that contract are acceptable to you and to take legal advice if necessary.
You will refrain from using Services on the Website if you:
- are not allowed to enter into any legally binding contracts; or
- obtained any and all necessary authorizations (if applicable to you under any applicable law); or
- are a dully incorporated legal entity or an individual below the age of 16; or
- are not a person forbidden from receiving services under the rules of the EU or other appropriate jurisdiction; or
- are banned from using the Services on the Website.
Customers might arrange for a commercial name or a business name to be linked with their Account. Customers accept and come to an agreement that where a commercial name or business name is related to their Account, this User Agreement is an agreement with the Customers as an officer of that business and Customers stay solely accountable for all activity carried out in relation to their Account.
We might refuse to accept an individual or business entity to use our Services at our sole discretion.
6. Using of Services
While using the Services on the Website, you will not:
- post content or items in inappropriate categories or areas on our Websites and Services;
- infringe any laws, third party rights or our policies;
- fail to deliver payment for Services actually delivered to you, unless any error occurred;
- work with false, inaccurate, misleading, defamatory or offensive content;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Services, the Website, or the interests or property of Services users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- copy, modify or distribute rights or content from the Services on the Website or Services copyrights and trademarks; or
- promote or sell any content owned by another person.
7. Fees And Services
We charge fees for certain Services, such as fees for Services packages and other fees as indicated on the Website.
When you use any paid Service, you have an opportunity to review and accept the fees that you will be charged. We may change any fee from time to time and will update you by placing revised fees on our Website. We may choose to temporarily change the fees for our Services for promotional events (for example, discounts on fees for a job post) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.
By posting any job on the Website or using any Services, you authorize Working Nomads to initiate such payment with the use of the designated payment method on your behalf.
You represent and warrant that your submissions, posts and content:
- will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other Intellectual Property Right or proprietary right or right of publicity or privacy of any person;
- will not violate any law or regulation;
- will not be defamatory or trade libellous;
- will not be obscene or contain child pornography;
- will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
- will not contain material linked to terrorist activities
- will not include incomplete, false or inaccurate information about any Customer or other individual; and
- will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
The fees for our Services will be billed immediately. The Website will automatically bill your credit card or your PayPal account once you placed the order on the Website. Customers acknowledge that the amount billed may vary for reasons that include, but are not limited to differing amounts due to promotional offers, differing amounts due to changes in services and size of clients, the amount of applicable in taxes and fees, and Customers authorize us to charge your credit card or PayPal account for such varying amounts. Website may also periodically authorize your credit card for any paid subscription Services as indicated on the Website and to which Customer subscribed to. All fees and charges cannot be cancelled and are non-refundable unless authorised so by Working Nomads.
10. Right To Refuse Service
We may close your account, at our sole description, including but not limited to the reasons outlined below:
- if you breached any applicable law;
- if you breached someone’s Intellectual Property Rights;
- if you engage in fraudulent or deceptive activities;
- we are required to do so by law;
- you might result in risk to us;
- you result in loss to us;
- you are offending or a risk to another user;
- for other similar reasons.
If Working Nomads decides to temporarily or permanently close your Account, Working Nomads has the right where allowed by law but not the obligation to notify the Customer or a legal entity of the grounds for Account termination. You agree that Working Nomads will have no liability arising from or relating to any Account termination or the reasons for the closure.
You shall acknowledge that upon termination of your Account for any reason, you will no longer have access to data, messages, files, or other material you keep in your Account and that any closure of your Account may involve deletion of any content stored in your Account for which Working Nomads will have no liability whatsoever, unless otherwise required by law. Working Nomads, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.
You hereby agree to indemnify and hold harmless Working Nomads, its respective directors, officers, employees, agents, representatives, contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of this User Agreement, (ii) content posted on the Website, (iii) the use of the Services by you or any person using your Account or username and password, (iv) the sale or use of the Services, or (v) any violation of any rights of a third party.
12. Our Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THIS USER AGREEMENT, NEITHER WORKING NOMADS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
13. Limitation of Liability
In no event shall Working Nomads be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the Website, the Services or any content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF WORKING NOMADS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THIS USER AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO 10% OF THE TOTAL AMOUNT YOU PAID US TO USE THE SERVICES.
IN ALL CASES, WORKING NOMADS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
14. Jurisdiction Limitations
In case any law or jurisdiction prohibits limitations outlined in this User Agreement or sets limits to these limitations, we reserve the right to request limitations to the maximum extend permissible by these laws.
15. Law And Forum For Legal Disputes
This User Agreement will be governed in all respects by the laws of Slovakia. If a dispute cannot be resolved by you and Working Nomads by negotiations, the parties irrevocably submit to the exclusive jurisdiction of the courts of Bratislava, Slovakia.
If any provision of this User Agreement is held to be invalid, non-binding or unenforceable, the remaining provisions shall remain valid and be enforced. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of this User Agreement.
Titles are for reference purposes only and in no way limit, define, describe or construe the range or degree of such section.
18. No Partnership
Nothing in this User Agreement shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee or any other relations not directly stated in this User Agreement.
19. Contact us
To communicate with Working Nomads, please contact us at firstname.lastname@example.org or use our contact form on the Website.