Terms & Conditions for Employers
§ 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.
- 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 Employer 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 Employer and MedPharm Group.
- Account – denotes any personal account created by MedPharm Group for the Employer after registration.
- Sub-Account - denotes any personal account created by MedPharm Group for the Employer’s employee or co-worker upon their registration. The number of Sub-accounts is specified in the Price list.
- Registration – denotes the procedure by which the Employer submits data necessary to create an Account.
- Jobseeker – denotes any individual registered with MedPharm Group and seeking employment with an Employer.
- Fees – denotes a payment for the services provided to the Employer by MedPharm Group.
- Invoice – denotes a document electronic or paper issued by MedPharm Group to the Employer, indicating the Services and the agreed prices for the Services provided by MedPharm Group for the Employer. An invoice indicates payment date.
- Plans List – denotes the appendix to the T&C determining the price and the scope of Services provided with regards to the type of an Account.
- Subscription – denotes the period during which the Employer has access to the Services. MedPharm Group offers the following Subscription types: Free, Bronze, Silver, Gold, Platinum.
§ 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 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.
- These T&C are available at Site 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 Jobseeker agrees to comply with these Terms and Conditions.
- MedPharm Group recommends you 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 Employer 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 Employer’s computer system. Permission for the installation of cookies is a necessary requirement for the use of the Site.
- The use of 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 Med Pharm 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 Employer 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 Employer shall complete a registration form. As part of the registration process, the Employer will be asked to provide defined data (personal and company data) with the aim of creating an Account. The personal data submitted by the Employer must be true, current and complete in all respects and updated as often as needed.
- The Employer acknowledges that the scope of Services offered by MedPharm Group depends on the type of the Account chosen by the Employer. The scope of the Services and the Plans List are available at http://www.medpharmjobs.com/employer/payments/plans.
- In order to register and to sign in, the Employer needs to use a email and a password. The Employer 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 Employer 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.
- In order to present the Employer’s logo (brand) on the Site, the Employer should submit its logo (brand) during the registration process. By submitting their logo, the Employer grants non-exclusive license to MedPharm Group for the duration of the agreement. MedPharm Group shall be entitled to grant sub-license, within the scope of granted rights, should the rights to the Site be assigned to them. Under the licence, MedPharm Group is entitled to use the Employer’s name, logo and trademark throughout the Site in the following fields of exploitation:
a) public performance (public events and promotions of MedPharm Group activities and services, add to references and list of business partners in all advertisement and sales materials such as Internet, leaflets, brochures, books, banners and billboards);
b) reproduction (text, photos or graphics);
c) insertion to the computer hardware and storage in original or modified formats;
d) recording or storage on an IT carrier;
e) modification due to technical characteristics of the Sites, without changing the nature of the trademark, the logo or Employer’s name.
- 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 Employer 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
- In order to register, the Employer shall complete a registration form. As part of the registration process, the Employer will be asked to provide defined data (personal and company data) with the aim of creating an Account.
- The scope and number of Services depends on the Subscription type chosen by the Employer. Beyond the scope of the Subscription, the Employee may use additional Services by paying additional fee specified in the Price List.
- MedPharm Group provides the following Services:
A) Job Posting:
- Monthly Job offers – each Subscription specifies the number of job offers which the Employer may post each month;
- Additional job offers – the Employer may buy additional „job offers” package having exhausted the number of their job offers;
- Monthly Featured jobs– a Service whereby the Employer may mark that a given job offer is recommended;
- Additional featured jobs – may be purchased optionally by the Employer, beyond the regular Subscription;
B) Candiate Profile’s
- Candidate Profiles unlocked monthly – the number of the Jobseeker profiles that the Employer can get full access to. The number is specified in the Price list;
- Additional Profiles unlocked – the Employer may buy additional access to a Jobseeker´s profile beyond the Subscription;
- Access to Video CVs – the Employer will be given access to a search engine allowing to browse jobseeker (candidate) Video CVs;
C) Branding Opportunities:
- Your company name – the Employer’s company name will be posted in the employers catalogue (employers from A to Z);
- Company mini-website – MedPharm Group will post a profile of the Employer’s company or organisation on a specially construed mini – website for an agreed time (employees A-Z);
- Company mini-website + logo - MedPharm Group will post a logo and a profile of the Employer’s company or organisation on a specially construed mini – website for an agreed time (employees A-Z);
- Add a picture gallery - MedPharm Group will post a picture gallery, logo and a profile of the Employer’s company or organisation on a specially construed mini – website for an agreed time (employees A-Z);
- Top search results position – a Service whereby the Employer’s job offers will always appear on top of the results page for job searches. The companies using that service always appear on top of the site;
- Premium company highlight – a Service whereby the Employer’s company name will be highlighted.
- Company Video – the Employer may add Company Video on the Company mini website;
- Discounted participation – a discount for participation in MedPharm Careers; A discount is valid durning submisson
- Free advertising space – free advertisement space in one edition of MedPharm Careers Magazine. The Employer interested in placing an advertisement in the MedPharm Careers Magazine should contact the Editorial Office not later than one month before the closure of each edition. Offer is only valid with 6 month and/or 12 month Plans. Free advertising space is valid durning submission.
- General helpdesk available Mon-Fri 7 am – 3 pm GMT – customer service available between 7 am and 3 pm GTM;
- Personal helpdesk Mon-Fri 7 am- 3pm GMT – an individual customer service available between 7 am and 3pm GTM;
- Personal helpdesk 24/7 – an individual customer service available 24/7;
- Additional subaccounts – a possibility to establish the sub-accounts for co-workers.
- MedPharm Group shall perform the Services using information and criteria supplied by the Employer. It is the Employer's responsibility to provide accurate and up-to-date information.
- The Employer agrees not to submit in any job posting or any other type of posting appearing on the Site, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect MedPharm Group’s reputation.
- MedPharm Group may, at its sole discretion, add to, modify or discontinue any of the Services. However, this will not affect any agreement with the Employer prior to any change and it will not result in a withdrawal of the relevant Service.
- The Employer is obliged to make a payment in advance for the Subscription, unless the Employer uses a Free Account.
- If the Subscription is nearing its end, MedPharm Group shall issue an alert. If the Fee for the next Subscription is not paid in due time, the Employer shall be entitled to use a Free Account only. The Employer may use the services offered by their Account only once the payment has been cleared.
§ 5 PAYMENTS
- The Subscription Fees and other payables shall be stated in Euro (EUR).
- The Fees quoted in the Price list shall represent net values. MedPharm Group shall add VAT to the remuneration in the Invoice each time in accordance with the rate in effect on the date specified in the order as the order date.
- The Employer acknowledges that the commencement of using the Services shall only occur once the payment into MedPharm Group account has been processed.
- The Employer acknowledges that payments can be effected online or by a direct bank transfer into MedPharm Group account.
- MedPharm Group shall invoice the Employer who effected a payment within 7 days. Unless otherwise agreed between the Parties, MedPharm Group shall send the issued Invoice to the Employer’s e-mail address. The invoice also may be downloaded at any time from the Employer’s Account.
- The Employer authorises MedPharm Group to issue VAT invoices without the Employer's signature.
- The Employer acknowledges that in the event that the Employer has a registered office out of Poland and uses the services provided via the Internet not in connection with any activity performed in Poland, MedPharm Group shall issue a VAT-free invoice, but with an indication that due tax shall be paid by the Employer.
- MedPharm Group reserves the right to change the Fees and/or these T&C from time to time, provided that no change shall be retrospective.
- The Employer acknowledges that the termination of the agreement for the provision of the service occurs at the completion of the use of the Service by the Employer or with the expiry of the period for which this agreement was concluded. In the case of payable Services the agreement is concluded for the period for which the Employer has paid.
§ 6. USE OF THIS SITE AND ITS SERVICE
- The Employer may only use this Site and its Service for lawful purposes and in “good faith”. The Employer is solely responsible for any information submitted on this Site.
- The Employer 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 Employer's registration with immediate effect in the event of material or persistent breach of these T&C by the Employer, in particular if:
a) the Employer has not provided full or accurate contact or company information;
b) MedPharm Group consider the Employer to have acted inappropriately or illegally;
c) The Employer uses this Site to advertise websites, services, businesses and/or business opportunities in any part of the job vacancy or on any part of the site.
- 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 Employer´s registration and/or deny access to the Site and its Services.
- MedPharm Group shall notify the Employer in the case of termination of the agreement. In the case specified in item 3 and 4, the Employer shall not be entitled to reimbursement of the payment for the remaining Subscription period.
- 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 Employer.
§ 7. 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 Employer’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 Employer, which prevent the Employer from making use of the Services
- 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 Employer’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 Employer’s use of it to the maximum extent permitted by law. In the event that the Employer 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 Employer 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.
§ 8. CLAIMS
- All claims related to the function of this Site should be reported to MedPharm Group. The Employer may submit the claims via the “Contact us” form or at the email address: firstname.lastname@example.org.
- 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 Employer 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.
§ 9. 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 Employer 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 Employer of any changes. In the case of lack of consent to the new content of this Site or T&C the Employer may terminate the agreement. MedPharm Group shall then delete the Employer’s Account.
- These T&C go into effect on the day of their publication on this Site If any provision of these terms and conditions 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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