Terms of Service and User Agreement
Table of Contents
- Using Services.
- Fees And Services.
- Right To Refuse Service.
- Limitation Of Liability.
- Our Warranties and Disclaimers.
- Liability for our Services.
- Jurisdiction Limitations.
- Law And Forum For Legal Disputes.
In This User Agreement:
“Account” means your account on this website corporate, business or personal.
“Customer”, “You” means a User of our Services.
“Services”, “we”, “our”, or “us” means PETER MARCELY of Duskova 1041/20 , Prague, 15000, Czech Republic, Business ID: 03968731, EU VAT ID: CZ683659118
“Intellectual Property Rights” refers to all intellectual rights including but not limited to: (a) copyright, patents, registered designs, trademarks, and any right to have confidential 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 Services, including but not limited to providing job listings and tests.
“User”, “you” or “your” means any entity who uses the website
“User Contract” means:
(1) this User Agreement;
“Website” refers to the websites operated by PETER MARCELY and any connected Services, implements or applications, these websites might include, but are not limited to workingnomads.co.
By using the Website, you acknowledge and agree to the subsequent terms and conditions. We might change User Agreement along with any related material as required by posting amended terms on the Website.
As you start utilising Services on the Website, read the whole User Agreement, relevant terms and all related information.
Members accept the risk of loss arising out of their Website activities, including but not limited to usage of Services. Users agree that using the Services is not guaranteeing any job, placement or success of recruitment through the site.
You will refrain from using Services on the Website if you:
- barred form legally binding contracts; or
- are below the age of 16; or
- a person forbidden from receiving services under the rules of Belgium or other appropriate jurisdiction; or
- are banned from using the Services on the Website.
Subject to your native rules, an individual over 14 but under 16 can use a regular account with the consent of the account owner. Though, the account owner is accountable for entirety performed with that account.
Users might arrange for a commercial name or a business name to be linked with the User's Account. Users accept and come to an agreement that where a commercial name or business name is related with their Account, this User Agreement is an agreement with the User as an officer of that business and Users stay solely accountable for all activity carried out in relation of their Account.
We might refuse to accept an individual or business entity as a User at our sole discretion.
5. Using 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 delivered to you, unless Services has materially changed Services Service provided or a clear typographical error is made;
- 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's copyrights and trademarks; or
6. Fees And Services
We charge fees for certain services, such as post a job fees, teared package fees and other fees as we decide from time to time. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on post a job fees) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.
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 User or any 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 your service will be billed immediately. The Website will automatically bill your credit card once you placed the order on the site. Users 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 Users authorize us to charge your credit card for such varying amounts. Website may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are noncancelable and nonrefundable unless authorised so by the Website.
9. Right To Refuse Service
We might chose to close your account, at our sole description, including but not limited to the reasons outlined below:
- if we conclude that you are in breach of our terms and conditions, or are not acting on terms of this agreement;
- if you breached a 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 we decide to close your account due to this agreement you will become liable to pay all your outstanding fees and settle your account in full
You will protect us (and our directors, officers, agents, and employees) against any entitlement or request, including permissible costs and fees arising out of or due to your acting in contradiction to this Agreement, or your breach of any laws in the course of using the Services on the Website and Services Services.
11. Limitation Of Liability
Under no circumstances shall we be liable for:
- any unintended, consequential, distinctive or related damages that might arise;
- any damage to business, income, or profits (whether indirect or direct) that might be experienced by you;
- any damage, claim, or loss which might be sustained by you as a consequence of any of your dealings concerning the Website.
12. Our Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Services 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. Liability for our Services
WHEN PERMITTED BY LAW, SERVICES, AND SERVICES’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SERVICES, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, SERVICES, 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 agreement or sets limits to these limitations, we reserve the right to request limitations to the maximum extend permit table by these laws.
15. Law And Forum For Legal Disputes
This Agreement will be governed in all respects by the laws of Czech Republic. If a dispute cannot be resolved then you and the Website and/ or Peter Marcely irrevocably submit to the exclusive jurisdiction of the courts of Prague, Czech Republic.
The inaccuracy of any part of this agreement will not and shall not be thought to affect the legitimacy of any other part. In the event that any provision of this agreement is held to be invalid, the parties agree that the left over provisions shall be considered to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision
Titles are for reference purposes only and in no way limit, define, describe or construe the range or degree of such section.