By accepting these Terms and Conditions, Jobful offers access to the platform www.jobful.io, which will be used by the client, provided by Jobful, under the conditions and within the limits established in these Terms and Conditions.
Through these Terms and Conditions, Jobful guarantees the client's access to candidates, according to the limits established in the package chosen by the client.
1. DEFINED TERMS
Jobful – refers to any and all names that include “Jobful.io”, “website”, “platform”, “company”, “Jobful”, “gamification” and “games” and designates the company PLAYFUL SOFTWARE SRL along with the services offered through the recruitment Website www.jobful.io (hereinafter referred to as "Jobful" or "Platform") created and managed by PLAYFUL SOFTWARE SRL, a limited liability company headquartered in Bucharest, 10 Glicinelor Street, registered at the Trade Register under no. J40/2950/2016, Tax Registration Code 35728130;
Client – the legal person or any entity that creates an account for employers on the Website;
Candidate – any natural person, also called a "player" or "candidate" who creates an account on the Website in order to create an employee profile and participate in the tests and games on the Website;
Access – viewing and using the algorithms for filtering the results of Candidates who have created an account on the Website, in order to recruit for the purpose of employment or to start a future collaboration;
Account – the section of the Website consisting of an e-mail address, password and username that allows the Client to access the Candidates' profiles and which contains information about the Client, respectively the Client's history on the Website;
Website – the website accessible at the URL www.jobful.io, including its subdomains;
Services – any service to be provided by Jobful to the Client based on these Terms and Conditions;
Campaign – the act of displaying, for commercial purposes, a finite number of Services for a limited period of time set by Jobful;
Content – all the information on the Website that can be visited, viewed or otherwise accessed using electronic equipment:
- the content of any e-mail sent to the Client by Jobful through electronic means and / or any other available means of communication;
- any information communicated by any means by an employee / collaborator of Jobful, to the Client, according to the contact information, specified or not;
- information related to the Services or tariffs practiced by Jobful in a certain period;
- information related to the Services and tariffs used by a third party with which Jobful has concluded partnership, collaboration or service contracts, in a certain period;
- data relating to Jobful or other privileged data thereof;
- data on news, tests and games available or under development by Jobful.
Profile – all the data related to the results of tests and games, as well as those completed by the Candidate in the personal profile, to which the Client could have access based on an Order placed on the Website;
Newsletter – means of information, available periodically, exclusively electronic, respectively electronic mail, on the Services and / or promotions carried out by Jobful in a certain period, without any commitment on the part of Jobful with reference to the information contained therein;
Results/Skills assessment – the set of results obtained by the Candidates following the tests and games which will be displayed in the Candidate Profile;
Games and tests – the set of items leading to the Skills Assessment of Candidates.
2. CONTRACTUAL DOCUMENTS
- By registering an Account on the Website, the Client agrees with the form of communication (telephone or e-mail) through which Jobful carries out its commercial operations. Upon acceptance of these Terms and Conditions, between Jobful and the Client a Service Agreement is considered to be concluded, on the basis of which Jobful offers the Client Access to the Platform.
- Following the acceptance of these Terms and Conditions by the Client, Jobful will send the Client, by e-mail, an electronic copy of these Terms and Conditions.
3. CREATING THE USER ACCOUNT
- Access is allowed to any Client following the creation and validation of the Account.
- The Client will be able to create and validate his Account only after entering and confirming the following information:
- Client’s Tax Registration Code;
- E-mail address;
- Bank account;
- Confirmation of having the necessary quality in order to represent the Client for the purpose of accepting these Terms and Conditions.
- The account will be created and validated only after entering and confirming the aforementioned information and only by accepting these Terms and Conditions, by checking the appropriate checkbox.
- For justified reasons, Jobful reserves the right to restrict Clients’ access to register the Account, if it considers that as a result of the conduct or activity of the Client it may be harmed in any way. In such a situation, the Client may contact Jobful in order to be informed on the reasons that led to the application of such measures by sending an e-mail to the address indicated in the "Contact" section of the Website.
- For security reasons, Jobful reserves the right to ask Clients to confirm the CAPTCHA validation, in order to protect the information and traffic on the Website.
4. ASSIGNMENT AND SUBCONTRACTING
- Jobful may assign and / or subcontract to a third party for Services related to Games and testing through an embedded system within the Website.
- In case of access to the Services of a third party, it will be solely responsible for fulfilling the obligations assumed towards the Client.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY LAW
- The content, as defined in section 1 above, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and / or multimedia content presented on the Website, are the exclusive property of Jobful, to whom all rights obtained for this purpose are reserved directly or indirectly (through licenses for use and / or publication).
- The Client is not allowed to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, expose, include any Content in any context other than the original one intended by Jobful, the inclusion of any Content outside the Website, the removal of signs that signify Jobful's copyright over the Content, as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of Jobful.
- No Content transmitted to the Client, by any means of communication (electronic, telephone etc.) or acquired by him by accessing, visiting and / or viewing it constitutes a contractual obligation on the part of Jobful and / or the employee / agent of Jobful who mediated the transfer of Content, if any, to such Content.
- Any use of the Content for purposes other than those expressly permitted by these Terms and Conditions is prohibited.
6. THE ORDER
After registering the Account, the Client can use the Services free of charge. We thank our partners and supporters who helped make this Service available.
- Jobful will maintain the confidentiality of any information you provide. Disclosure of the information provided may be made only under the conditions set forth in these Terms and Conditions.
- Pursuant to these Terms and Conditions, the term “confidential information” means any and all information received and / or known by Jobful or the Client as a result of creating the Account, placing the Order, including any information related to the activity of the two parties or information that is not publicly available.
- Jobful and the Client undertake not to use any of the confidential information other than for the purpose of fulfilling these Terms and Conditions and to maintain the confidentiality of all confidential information.
- Jobful and the Client will allow access to confidential information only to those persons who are required to know it in order to fulfil the obligations assumed through these Terms and Conditions and will instruct any such person in regard to the confidential nature of such information.
- The obligation to maintain the confidentiality of data / information from and in connection with these Terms and Conditions, regardless of the medium on which they are presented, also applies to Jobful employees or the Client’s.
- The provisions of this section regarding confidentiality shall not apply in the following cases:
- at the time of disclosure, the confidential information was already known to the public;
- the party to whom the information belongs has given its written consent regarding its disclosure by the other party, prior to the disclosure;
- In the case referred to at point 7.6, the party who has received the request of the authority shall promptly notify the other party. If the party to whom that information belongs does not obtain an order or other provision to protect its confidential information, the party to whom the disclosure is requested will disclose only that confidential information required by law and will make every effort to ensure that the confidential information so disclosed will be treated as confidential.
- The party providing the information will remain the sole owner of the confidential information. Likewise, if the confidential information is updated, it will remain the sole property of the party providing it.
- The parties will maintain the confidentiality of confidential information regardless of the medium on which it is located, both for the period in which it is subject to these Terms and Conditions and for an indefinite period from their termination for any reason.
- By transmitting information or materials through this Website, the Client gives Jobful unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. The Client also agrees that Jobful may freely use, in its own interest, the information, ideas, concepts, know-how or techniques transmitted through the Website. Jobful will not be subject to obligations regarding the confidentiality of the information sent, unless the legislation in force provides for other specifications in this regard.
- Jobful newsletters are sent by Jobful. This ensures the confidentiality and security of information.
- When the Client creates an Account on the Website, he has the possibility to express his agreement regarding the receipt of Newsletters.
- The Client may change their option regarding the agreement issued to Jobful at any time:
- by contacting Jobful in this regard by sending an e-mail to the address indicated in the "Contact" section of the Website;
- by changing the settings in the Client Account in the "My Account" section;
- by accessing the unsubscribe link displayed in the commercial messages received from Jobful.
- Waiver of receipt of Newsletters does not imply waiver of acceptance of these Terms and Conditions.
10. THE RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT
- By creating and using the Account, the Client assumes responsibility for maintaining the confidentiality of Account data (user and password) and for managing access to the Account, and, to the extent permitted by the applicable law, is responsible for the activity carried out through his Account.
- By creating the Account and / or using the Content, the Client expressly and unequivocally accepts the Terms and Conditions in the latest updated version that is communicated on the Website, at the date of creation of the Account and / or use of the Content and / or placement of the Order.
- Subsequent to the creation of the Account, the use of the Content is equivalent to accepting the changes made to the Terms and Conditions and / or the updated versions of the Terms and Conditions.
- The Terms and Conditions may be modified at any time by Jobful, being opposable to the Client from the date of posting on the Website.
- Jobful has the right to modify, delete, close or suspend the Client's Account, without prior notice, without any compliance period and without other formalities, if the Client does not comply with the following prohibitions and obligations:
- To provide real, correct and complete information during the registration and updating of the Account details;
- Not to publish, transmit or display any material or information through which goods or services are promoted, regardless of their nature;
- Not to publish any unsolicited commercial message or spam;
- Not to publish or transmit any kind of message which is offensive, threatening, indecent, discriminatory or which may violate the rights of other third parties;
- Not to use applications, programs or commands made through code sequences, likely to suspend, interrupt, alter or remove one or more of the functions of the Website;
- To pay the invoices issued by Jobful until the due date.
- The Client declares that he will be solely responsible for the breach of these obligations and that he will cover any damage suffered by another user or third parties who could claim damages caused by these breaches.
- The Client has the following rights:
- to receive Access to the Platform and to be provided with the Services, in optimal conditions and in accordance with the standards in this field;
- to be informed of any problems related to the operation of the Platform, which could lead to the temporary or permanent interruption of the functioning of the Services or to the decrease of their quality.
- The Client has the following obligations:
- to comply with these Terms and Conditions;
- to provide Jobful with all the information and necessary materials for creating the account in order to gain Access, as well as for providing the ordered Services, such as:
- the logo (brand) of the Client;
- the address of the Client's registered office;
- short description of the Client;
- the Client’s brand book (identity guide);
- the values of the Client's organization;
- the benefits offered by the Client to the Candidates.
- to use the Access to the Platform exclusively for the recruitment of Candidates in order to conclude collaborations with them / employment agreements;
- to inform, as soon as possible, Jobful of any irregularity regarding the Access to the Platform;
- to provide only materials over which it holds patrimonial copyrights;
- to provide only materials that do not violate the rights of third parties, are not contrary to the applicable law, public order or good morals.
11. THE RIGHTS AND OBLIGATIONS OF JOBFUL
- Jobful has the following rights:
- to collect the price that the Client owes for each Order;
- to be provided with all the information and materials necessary for creating the account in order to gain Access, as well as for providing the Services ordered by the Client, in accordance with point 10.8 letter c).
- Jobful has the following obligations:
- to provide the Client with assistance in using the Platform, including regarding the demo session;
- to provide Access to the Platform and to provide the Services, only after the explicit consent to continue the project, after testing the demo session;
- to provide the materials, tools, devices and personnel necessary to ensure Access;
- to ensure that he has obtained all the licenses, authorizations, permits in accordance with the applicable law.
12. THE CLIENT’S STATEMENTS AND WARRANTIES
- The Client states the following:
- acceptance of these Terms and Conditions does not constitute a breach or non-compliance with the obligations assumed by any contract or other instrument to which the Client is a party or through which he is obliged or affected and does not otherwise violate the rights of any third party, and these Terms and Conditions create for the Client valid, legal and legally binding obligations according to their provisions;
- the insolvency procedure provided through Law no. 85/2006, respectively Law no. 85/2014, was not initiated against the Client, the concordat preventiv procedure was not initiated, no ad-hoc agent was appointed, no such request was initiated from any creditor, the company is not in a state of dissolution, division, merger, reorganization etc;
- The Client has implemented, or is in the process of implementing, all appropriate procedures and measures for the protection of personal data, in accordance with applicable law.
13. THE PROCESSING OF PERSONAL DATA
- Jobful seeks to protect as much as possible the right to privacy and image of the Website’s users. Jobful's intention is to provide a safe online experience that will not adversely affect your personal life. In this regard, Jobful makes every effort to ensure that the information you enter into our database is used exclusively for your intended purposes.
- The Client has no right to carry out or perform any activity that would or could have the purpose of carrying out, encouraging or initiating a collaboration, remunerated or not, with any natural or legal persons who are employees, affiliates, collaborators or providers of Jobful , for replication, total or partial copying of the gamification system or platform concept.
- This prohibition applies for the entire duration during which the Client is subject to these Terms and Conditions and subsists after their termination for a period of 3 (three) years, regardless of the manner of termination.
- In this regard, the Client undertakes:
- not to provide, directly or through intermediaries, services of the same nature as those provided by Jobful according to these Terms and Conditions to another natural or legal person;
- not to carry out competitive activities against those carried out by Jobful according to these Terms and Conditions.
- For as long as the Client is subject to these Terms and Conditions, as well as for a period of 3 (three) years after their termination, regardless of the manner of termination, the Client will not attempt to request, in his own name or for any other person , directly or indirectly, in competition with Jobful, the services of any company / entity / person that during the performance of these Terms and Conditions was an employee of Jobful or carried out commercial activities with it, having as object the development, implementation or marketing of the Jobful concept and / or gamification.
- During the period provided for in point 15.1, the Client will not attempt to determine, in his own name or on behalf of any other person, directly or indirectly, any person who has been an employee, administrator, director, agent, consultant or associate within Jobful, to terminate their employment or collaboration with Jobful.
- In this regard, the Client will not contact the persons indicated in points 15.1 and 15.2 for the purpose of:
- developing a contractual relationship with them;
- providing services for them;
- initiating competitive activities similar to those carried out by Jobful.
16. AFFILIATE EXTENSION
- The prohibitions set out in sections 7, 14 and 15 also apply to the Client's representatives, associates, administrators, employees and any of its affiliates; the violation of these prohibitions by any of them will lead to the Client’s direct and joint liability of the Client.
17. FORCE MAJEURE
- Jobful shall be free from liability for non-fulfilment or partial fulfilment of its obligations under these Terms and Conditions if this is due to force majeure events that would occur after the Client's acceptance of these Terms and Conditions, to the extent that this release from liability is related to those obligations directly affected by the events of force majeure, and this release will subsist throughout the existence of the force majeure events.
- Jobful will notify the Client in writing immediately after the occurrence of force majeure events.
- If either the force majeure events continue for more than 3 (three) months, or at that time it is reasonably anticipated that the force majeure events will continue for more than 3 (three) months, Jobful will attempt to take all appropriate necessary measures to allow the continued provision of the Services in accordance with these Terms and Conditions in a manner as close as possible to the original intentions
- The Client's non-compliance with any of its obligations, declarations and / or guarantees, provided in these Terms and Conditions, leads to the Client's liability, being obliged to fully repair all damages suffered by Jobful.
- If the Client does not fulfil his obligations under these Terms and Conditions or performs them improperly, he will be obliged to cover the damages suffered in full by Jobful, but not limited to material damages (direct or indirect), moral damages, image damages, loss of profit, costs of litigation, expenses in the execution phase, reasonable attorney's fees, etc.
- In the situations provided for in points 18.1 and 18.2, in order to attract the Client's liability, Jobful will notify the Client in writing of any claims, specifying reasonable details of such claims (including its basis and its estimate in good faith of the value of the damage tried or which may be tried).
- Within a maximum of 30 (thirty) days from the date of receipt of the notification according to point 18.3 above, the Client will have the opportunity to remedy any and all breaches of obligations, statements and / or warranties assumed / given under these Terms and Conditions, at no cost for Jobful.
- If the Client: (i) refuses to act in accordance with the provisions of paragraph 18.4 above or (ii) does not remedy or remove any potential damage to Jobful as a result of non-compliance with any obligation, statement and / or warranty, Jobful will be able to recover from the Client all and any damages tried, according to points 18.1 or 18.2.
- Jobful or any partners, representatives, associates, administrators, employees and any affiliates thereof will not be liable to the Client or any other person, in any form, for any direct, indirect, special, incidental or consequential damages of any kind, including, but not limited to damages in connection with loss of access to the Platform or the Client's account for reasons not directly attributable to Jobful.
19. APPLICABLE LAW - JURISDICTION
- These Terms and Conditions are governed by the laws of Romania.
20. FINAL PROVISIONS
- The rights and remedies enjoyed by the Client or Jobful are cumulative and not alternative. Neither the non-exercise, nor any postponement in the exercise of any right, power or privilege by either party under these Terms and Conditions shall act as a waiver of that right, power or privilege and no individual or partial exercise of any such right, power or privilege shall preclude any subsequent exercise of this right, power or privilege or the exercise of any other right, power or privilege.
- If any provision of these Terms and Conditions is deemed unlawful, void or unenforceable, in whole or in part, in accordance with applicable law, such provision or part thereof, to that extent, shall be deemed not to be part of these Terms and Conditions, and the legality, validity and applicability of the other provisions of these Terms and Conditions will not be affected. In such a situation, Jobful will make every effort, within a reasonable period, to replace the provision deemed illegal, invalid or unenforceable with a provision for the same purpose that will be legal, valid and enforceable.
- Any dispute that may arise as a result of or in connection with these Terms and Conditions, including, but not limited to, any dispute regarding the conclusion, existence, invalidity, breach, termination or nullity which cannot be settled through amicable negotiations within 30 (thirty) days from the notification sent by Jobful or the Client regarding the potential dispute, will be definitively resolved by the competent courts located in the jurisdiction of the Jobful headquarters. The Client hereby declares that through these Terms and Conditions he expressly accepts this conventional territorial jurisdiction in connection with the settlement of disputes.
- In the event of a dispute, the party to be declared the winner by the court shall be entitled to recover all costs, including, without limitation, reasonable attorneys' fees, costs and expenses incurred in determining the party's rights and preparation for implementation and for the effective enforcement of the rights of that party, as decided by the court, whether or not it was necessary for that party to institute enforcement proceedings.
- These Terms and Conditions contain the entire agreement between the Client and Jobful regarding the Access and the use of the Platform.
- Jobful has the right to make any changes to these Terms and Conditions, the new version being made available to the Client by publication on the Platform.
- Any notice or other communication in connection with these Terms and Conditions will be made in writing and will be sent to the Client's e-mail address available in the Account, respectively to the Jobful e-mail address available in the "Contact" section.