Terms & Conditions for Partners
§ 1. DEFINITIONS
The terms used in these T&C shall denote the following:
- MedPharm Group – denotes the company MedPharm Group sp. z o.o. (limited liability company) with a registered office at ul. Słowackiego 19 A, 01-592 Warsaw, entered in the commercial register of the National Court Register kept by the District Court for the City of Warsaw, 12th Commercial Division, under KRS (National Court Register) number of 0000405085 and NIP (Tax Identification Number): 525 252 40 47, and a share capital of 10 000 PLN, who acts as the owner of the Site
- Service Provider – MedPharm Group.
- Partner - denotes any legally registered company, organisation or association being represented by physical person(s) and which has set up an Account with the MedPharm Group Service provider, MedPharmJobs.com. User other than the Employer or the Jobseeker. Partner has business relationship with MedPharm Group.
- Employer – denotes any legally registered company, organisation or association being represented by physical person(s) and which has set up an Account with the MedPharm Group Service provider, MedPharmJobs.com.
- Site – denotes the internet website found at www.medpharmjobs.com.
- Services – refers to the services provided remotely to an Partner by MedPharm Group.
- T&C – denotes the Terms and Conditions governing the services provided by electronic means.
- Electronic means – means that the service is sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means.
- Parties – the Partner and MedPharm Group.
- Account – denotes any personal account created by MedPharm Group for the Partner after registration.
- Registration – denotes the procedure by which the Partner submits data necessary to create an Account.
- Jobseeker – denotes any individual registered with MedPharm Group and seeking employment with an Employer.
§ 2. GENERAL PROVISIONS
- These T&C governing the services provided by electronic means define the terms and conditions for the use of the Services provided by MedPharm Group sp. z o.o. (limited liability company) with a registered office at Aleja Wojska Polskiego 41/16, 01-503 Warsaw, entered in the commercial register of the National Court Register kept by the District Court for the City of Warsaw, 12th Commercial Division, under KRS (National Court Register) number of 0000405085.
- These T&C are available at www.medpharmjobs.com and in the registered office of MedPharm Group.
- These T&C contain regulations pursuant to Art. 8 of the Act of 18 July 2002 on Services Provided by Electronic Means (Journal of Laws No. 144, item 1204).
- These T&C constitute an agreement by and between Parties procuring the Services of MedPharm Group and define the legal basis for the supply of Services through electronic means, whereas by receiving the Service, the Partner agrees to comply with these T&C.
- MedPharm Group recommends to keep a copy of these T&C for future reference.
- In order to use the Site and to use the Services provided electronically by MedPharm Group, the Partner needs an IT device or PC with an installed up-to-date Internet browser (Mozilla Firefox 3.x or Internet Explorer 7, Google chrome 4.x, Opera 10.6x, Safari 4.x or newer) and computer software for the use of Java Script and Adobe Flash.
- While using this Site, cookie files will be installed on the Partner’s computer system. Permission for the installation of cookies is a necessary requirement for the use of the Site.
- The use of this Site constitutes the acceptance of these T&C.
- All information, data and materials provided on this Site (including names, logos and Site layout) and any other intangible property rights associated with the content of this Site belong to MedPharm Group or entities with whom MedPharm Group has entered into appropriate agreements and are protected by copyright rights, trademark rights, and rights to data bases and/or other intellectual property rights.
§ 3. REGISTRATION
- MedPharm Group shall provide the Services in accordance with these T&C. The Services do not constitute an offer by MedPharm Group.
- The Partner acknowledges that the use of Services requires a registration. Registration is free of charge. MedPharm Group reserves the right at its sole discretion to refuse to offer Services to any person or organisation.
- In order to register, the Partner shall complete a registration form. As part of the registration process, the Partner will be asked to provide defined data (personal and company data) with the aim of creating an Account. The personal data submitted by the Partner must be true, current and complete in all respects and updated as often as needed.
- In order to register and to sign in, the Partner needs to use a username and a password. The Partner is solely responsible for the security and proper use of the password, which should be kept confidential at all times and not disclosed to any other person. The Partner should notify MedPharm Group immediately of any breach in security or unauthorised use of their Account.
- MedPharm Group shall confirm completion of the registration process and creation of the Account. The registration constitutes an agreement between the Parties.
- All intellectual property rights connected with the Services and/or the Site shall remain vested in MedPharm Group or any third party to whom such rights are licensed. The Partner shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any of the intellectual property rights.
§ 4. SERVICES
- The Partner may use the following Services:
a) General helpdesk available Mon-Fri 7 am-3 pm GMT – customer service available between 7 am and 3pm GTM and access to FAQ;
b) Articles – full access to the articles posted on the Site;
c) MedPharmJob TV – full access on-line TV;
d) Medical Pronunciation Dictionary–full access;
e) Jobs – access to the job offers;
- The Partner may only use this Site and its Service for lawful purposes and in “good faith”. The Partner is solely responsible for any information submitted on this Site.
- The Partner is responsible for ensuring that all information supplied is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive or otherwise illegal, unlawful or in breach of any applicable legislation, regulations or the copyright, trademark or other intellectual property rights of any person in any jurisdiction.
- Without prejudice to any other cause, MedPharm Group may terminate the Partner's registration with immediate effect in the event of material or persistent breach of these T&C by the Partner, in particular if:
a) the Partner has not provided full or accurate contact or company information;
b) MedPharm Group consider the Partner to have acted inappropriately or illegally.
- In the case of any unauthorised use of the Site or its Services, MedPharm Group reserves the right to take all necessary actions, not excluding the initiation of court proceedings. In this case, MedPharm Group reserves the right to terminate the Partner´s registration and/or deny access to the Site and its Services.
- MedPharm Group reserves the right to refuse to create a new Account in the event of breaching the provisions of these T&C by the Partner.
§ 5. LIABILITY
- Subject to mandatory provisions of law and further reaching limitations in the contents of these T&C, the liability of MedPharm Group for damages, irrespective of the legal basis of a claim (i.e. both due to failure to perform obligations or their improper performance, as well as in respect of torts), shall be governed by the provisions of this section.
- It is the Partner’s responsibility to protect their computers against any viruses and malware.
- MedPharm Group cannot guarantee that:
a) the Site and/or the Services will be available at all times;
b) the Site will be free from errors, viruses and/or other harmful applications; and
c) the Services will generate any applications, responses or results.
- MedPharm Group bears no responsibility for technical problems or technical limitations occurring in the computer equipment used by the Partner, which prevent the Partner from making use of the Services described in § 3.
- MedPharm Group bears no responsibility for the choice of topics, accuracy, completeness, or quality of information provided by third parties (Jobseekers). No claims may be made against MedPharm Group as a result of tangible or intangible damages caused by the use or by the failure to use such information, under the condition that there was no negligence on the part of MedPharm Group, nor an improper representation of such information.
- MedPharm Group shall not be in breach of these T&C if events beyond its reasonable control prevent MedPharm Group from performing the Services.
- MedPharm Group accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from the Partner’s use of the Site and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. MedPharm Group hereby excludes all representations, warranties and conditions relating to this Site and the Partner’s use of it to the maximum extent permitted by law. In the event that the Partner makes a claim against MedPharm Group for whatever reason, MedPharm Group liability (if any) shall not exceed the price paid or to be paid by the Partner for the Services.
- Nothing in these T&C shall be construed to exclude MedPharm Group liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
§ 6. CLAIMS
- All claims related to the function of this Site should be reported to MedPharm Group. The Partner may submit the claims via the “Contact us” form or at the email address: email@example.com.
- Claims should contain the following information concerning the person making the claim:
a) first and last name,
b) address, in particular the e-mail addresses,
c) subject of the claim,
d) a precise description of the service involved,
e) a precise detailing of the grounds for the claim.
- Only claims submitted in the English, German, French and Polish languages will be processed.
- Claims will be processed by MedPharm Group within seven working days from the day of their receipt.
- The Partner shall receive information concerning the method of claim handling to the address given in the claim.
- In the case of situations not governed by these provisions, the regulations of the Civil Code – Act of 23 April 1964 (Journal of Laws No. 16 item 93 with subsequent amendments) shall apply.
§ 7. FINAL PROVISIONS
- The use of this Site and any agreement entered into through this Site are to be governed by and construed in accordance with Polish law. The courts of Poland have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of this Site or agreement made through this Site.
- The Partner acknowledges that under Article 3 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') the provision of information society services is subject to law of the country in which the Service provider has established its registered office.
- MedPharm Group reserves the right to introduce changes to the content of this Site and to these T&C. MedPharm Group shall inform the Partner of any changes. In the case of lack of consent to the new content of this Site or T&C the Partner may terminate the agreement. MedPharm Group shall then delete the Partner’s Account.
- These T&C go into effect on the day of their publication on this Site.
- If any provision of these T&C is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
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