Before starting the use of the website www.topdrivers.eu, the Service Recipients are obliged to read the contents of the Rules.
I. General provisions
III. Type and scope of electronic services
IV. Terms of providing and concluding contracts for the provision of electronic services
V. Terms of terminating contracts for the provision of electronic services
VI. Complaint procedure
VII. Intellectual property
IX. Final Provisions
I. GENERAL PROVISIONS
- The website operated at the address www.topdrivers.eu is managed by Rafal Ordak carrying out business operations under the firm RGT Group Rafal Ordak, entered in the Central Business Operations Register of the Republic of Poland kept by the Minister competent for economy, with the place of carrying out operations and mailing address: ul. Daszynskiego 9 / 6a, 05-800 Pruszkow, NIP 5342327043, REGON 380739558, email address: email@example.com.
- The website www.topdrivers.eu is intended for people looking for a job in the driver’s position (Candidates), Employers who offer employment in transport.
- The website operates on the terms and conditions set out in these Rules.
- The Rules define the types and scope of services provided electronically by the www.topdrivers.eu Website, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services, as well as the complaint procedure.
- Every Service Recipient, on taking steps to use the Electronic Services of the Website www.topdrivers.eu, is obliged to comply with the provisions of these Rules.
- The Website and the Service Provider do not recruit on behalf of Employers presenting ads in the Website.
- The Website is not a party to legal relations between the Service Recipients, resulting and directly related to the posted ads.
- The Service Recipients are responsible for the consequences of non-performance or improper performance of their mutual obligations.
- The Service Provider is not responsible for the lack of interest in the advertised ads.
- The Employer is obliged to make the descriptive content of advertisements presented in the Website and their availability up to date and consistent with the facts.
- The Website prohibits the presentation of advertisements for the provision of services prohibited by generally effective Rules.
- All trade names, names of products, companies, and their logos used in the Website at www.topdrivers.eu are the property of their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions, and photographs presented in the Website at www.topdrivers.eu are used for informational purposes.
- In the matters not governed by these Rules, the following provisions shall apply:
- The Civil Code;
- The act on consumer rights of 30 May 2014 (DzU 2014 item 827);
- The act on copyright and related rights (DzU no 24, item 83 as amended);
- The act on providing services by electronic means of 18 July 2002 (DzU no 144, item 1204 as amended) and other relevant Rules of the Polish law.
- REGISTRATION FORM: a form in the Website that allows an Account to be created. The Registration Form allows the creation of an Account corresponding with a specific Employer.
- APPLICATION FORM: a form in the Website that allows placing an ad in the Website.
- CANDIDATE: a natural person looking for a job, who intends to apply or applies for a job offer posted in the Website.
- CONSUMER: a natural person who performs a legal action with an entrepreneur that is not directly related to business or professional activities.
- ACCOUNT: a set of resources in the Service Provider’s IT system, in which User’s data are collected, identified with a unique name (login) and password provided by the Employer. Account is activated after pressing the activation link sent to the email address stated in the Registration Form.
- LICENSE: the license agreement in the meaning of Chapter 5 of the act on copyright and related rights of 4 February 1994 (DzU no 24 item 83).
- NEWSLETTER: the Electronic Service that allows the Recipient to subscribe and receive free information from the Service Provider related to the Website, at the email address provided by the Service Recipient. The Candidate sets the criteria for the content he wants to subscribe to.
- EMPLOYER: a legal person, an organisational unit, or a natural person employing employees, whose authorised employee or representative has registered in the Website in order to carry out the Recruitment Process and receive information about the Candidates.
- RECRUITMENT PROCESS: the process initiated by the Employer’s announcement posted in the Website, which in particular contains the requirements and the description of the position for which the Candidate is required.
- RULES: these Website rules.
- WEBSITE: the website of the Service Provider functioning at www.topdrivers.eu
- SERVICE PROVIDER: Rafal Ordak carrying out business operations under the firm RGT Group Rafal Ordak, ul. Daszynskiego 9 / 6a, 05-800 Pruszkow, NIP 5342327043, REGON 380739558.
- SERVICE RECIPIENT, USER: a natural person, a legal person or an organisational unit without legal person status, whom the law grants legal capacity, using the Electronic Service.
- ELECTRONIC SERVICE: a service provided electronically by the Service Provider to the Service recipient through the Website.
- SEARCH ENGINE: the Electronic Service made available to Service Recipients by the Service Provider, enabling searching for specific advertisements or content on the basis of the criteria provided by the Service Recipient.
III. TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider enables the use of Electronic Services through the Website, such as:
- Employer's Account,
- Placing advertisements with photos by Employers,
- The search engine,
- Applying for job offers.
- The provision of Services to Service Recipients in the Website is done on the terms specified in the Rules.
- The Service Provider has the right to post advertising content in the Website. This content forms the integral part of the Website and the materials presented in it.
IV. CONDITIONS FOR PROVIDING AND CONCLUDING CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
- The provision of Electronic Services specified in Chapter III.1 of the Rules by the Service Provider is free of charge.
- The period for which the contract is concluded:
a) The contract for the provision of Electronic Services consisting in managing the Account is concluded for an indefinite period.
I) In order to create an Account, the Employer or his authorised representative is obliged to make the registration for free.
II) In order to make the registration, the Employer or his authorised representative should fill in the provided Registration Form and send it to the Service Provider by selecting the relevant function. During registration or his authorised representative shall sets a password.
III) When completing the Registration Form, the Employer or his authorised representative should follow the rules:
- All fields of the Registration Form should be filled in, unless the field is optional;
- The information entered into the Registration Form should relate to the Employer and be consistent with the facts;
- After sending the completed Registration Form, the Employer will immediately receive an email message with the activation link to confirm the registration. After clicking the link, the Employer gains access to the Account and changes the data provided during the registration (except for the Login) and gains the opportunity to use the services offered by the Service Provider through the Website.
b) The contract for the provision of the Electronic Service consisting in placing an advertisement in the Website is concluded for a definite period of time and shall be terminated on expiration of the term for which it was concluded. Also:
I) The advertisement will be visible within 24 hours after the Website administrator accepts its content.
II) After the approval referred to in item i., the advertisement will be displayed in the Website for the number of days set by the Employer.
III) The service is not automatically renewed.
IV) In the case of changes in the Rules, the service initiated for the placed advertisement will be carried out on the current basis. When the announcement expires, its renewal shall be in accordance with the changes in the Rules after their acceptance by the Service Recipient.
V) The User representing the Employer placing the advertisement will make every effort to ensure that the data published by him are up to date.
VI) All advertisements posted in the Website will be available in three language versions, ie Polish, English, and German, at 3 different site addresses. Offers are automatically translated by the system.
c) The contract for the provision of the Electronic Service consisting in the use of the Search Engine is concluded for a definite period of time and terminates when the User ceases to use the Service.
d) The contract for the provision of the Electronic Service consisting in the use of the Newsletter is concluded for an indefinite period.
e) The contract for the provision of the Electronic Service consisting in applying for job advertisements is concluded for a definite period of time and is terminated on completion of the application process or discontinuation of using the Service by the Candidate.
- The technical requirements necessary for cooperation with the ICT system used by the Service Provider:
- a computer or a mobile device with internet access,
- access to electronic mail,
- a web browser,
- The Service Recipient is obliged to use the Website lawfully and observing good manners, with respect for personal rights and intellectual property rights of third parties.
- The Service Recipient is obliged to enter data consistent with the facts.
- The Service Recipient is prohibited from providing unlawful content.
- The Service Provider reserves the right to refuse to publish, edit, or delete content, including advertisements and photos, the nature of which violates the provisions of the Rules, provisions of the generally applicable law, in particular when they contain elements:
- commonly recognised as offensive,
- of racist nature,
- of erotic or pornographic nature,
- bearing the hallmarks of crimes or acts of unfair competition,
- infringing copyright and intellectual property rights,
- misleading the Service Recipients,
- advertising other websites, including in particular websites competitive to www.topdrivers.eu,
- being SPAM or promotional material,
- containing announcements about competition activities organised without consent of the Website.
- The Service Provider reserves the right to remove a specific advertisement from the Website, at the same time informing the relevant Employer if the Service Provider has knowledge, reasonable suspicion, or relevant official information that by placing a notice in the Website, the Employer has committed a violation, attempted violation, circumvention, or attempts to circumvent the commonly effective law or provisions of these Rules, in particular act or attempt to act to the detriment of other Service Recipients or third parties, including failure to comply with the contract concluded with other Service Recipients.
V. CONDITIONS FOR TERMINATING CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Termination of the contract for the provision of Electronic Services:
- A contract for the provision of an Electronic Service of a continuous and unlimited duration (Account, Newsletter) may be terminated.
- The Service Recipient may terminate the contract with immediate effect and without indication of the causes by sending the relevant statement by electronic mail to the address: firstname.lastname@example.org.
- The Service Provider may terminate the contract for the provision of electronic services in the event that the Service Recipient violates the Rules, in particular when providing illegal content, after ineffective prior call to stop violations with setting the appropriate time limit. In such case, the contract expires after 7 days from the date of submitting the declaration of intent of the termination (the notice period).
- The notice of termination shall result in the cessation of the legal relationship with effect for the future.
- The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.
VI. COMPLAINT PROCEDURE
- Complaints related to the provision of Electronic Services by the Service Provider:
- Complaints related to the provision of Electronic Services through the Website may be submitted by the Service Recipient by electronic mail at the address: email@example.com.
- In the email message, as much information and circumstances regarding the subject matter of the complaint should be provided, in particular the type and date of occurrence of irregularities, and contact data. The information provided will significantly facilitate and speed up the examination of the complaint by the Service Provider.
- The examination of the complaint by the Service Provider shall take place immediately, not later than within 14 days of the notice.
- The Service Provider’s response to the complaint is sent to the Service Recipient’s email address stated in the complaint form or provided in any other way by the Service Recipient.
VII. INTELLECTUAL PROPERTY
- All the content published in the website at the address www.topdrivers.eu are protected by copyright laws and (except for the content used on the principles of licence, transfer of copyright, or allowed use) are the property of Rafal Ordak carrying out business operations under the firm RGT Group Rafal Ordak, entered in the Central Business Operations Register of the Republic of Poland kept by the minister competent for economy, with the place of operations and mailing address: ul. Daszynskiego 9 / 6a, 05-800 Pruszkow, NIP 5342327043, REGON 380739558. The Service Recipient shall be fully liable for damages inflicted to the Service Provider, which results from the use of any content of the website www.topdrivers.eu, without consent of the Service Provider.
- Any use by anyone, without the express written consent of the Service Provider, of any of the elements making up the content and contents of the www.topdrivers.eu website constitutes a violation of the copyright of the Service Provider and results in civil law and criminal liability.
- The Service Recipient, by uploading to the Website an image and other digital content, is solely liable for infringement of author’s property and related rights and personal rights of third parties in this respect, and in the event of any person making any claims in relation to the Website or the Service Provider in this respect, I undertake to release the Website or the Service Provider of any liability, and to fully satisfy the claims of third parties.
- The Service Provider shall take all available measures to protect Users’ data.
- The Service Provider undertakes not to transfer Users’ data to third parties.
- Each User is obliged to make every effort to ensure that the data available in the Website are complete, up to date, and presented with due diligence, taking into account the existing facts and legal circumstances, within the limits allowed by the law.
- Users our fully liable for breaking the law or damages caused by their actions in the Website, in particular by providing false data, disclosing classified information or other secrets protected by law, infringement of personal rights or copyrights and related rights, as well as processing of Users’ personal data contrary to the purposes of the Website or in violation of the provisions of the act on the protection of personal data.
- The Service Provider undertakes to inform the Users in advance, if possible, of potential disruptions in the functioning of the Website, in particular about breaks in access.
- The Service Provider is not liable to the Service Recipients who are not Consumers:
- for any damages and losses directly or indirectly (including damages due to loss of profits from running a business, interruptions in business or loss of business information and other property-related damages) arising from the use, improper use or malfunction of the Website software, damages resulting from the shutdown or failure of the ICT system, power network failure,
- due to improper use of the Website by a Service Recipient who is not a Consumer and improper functioning of computer hardware, computer software, or a communication system by means of which the Service Recipient connects to the Website system,
- for damages, if any, caused as a result of errors, breakdowns, and interruptions in the functioning of the Website or caused by incorrect recording or reading of data downloaded by the Service Recipients,
- for disruptions in the proper functioning of the Website, as well as loss of data of the Service Recipients who are not Consumers, resulting from force majeure or actions of third parties,
- for the actions of third parties consisting in the use of data and materials presented in the Website that is contrary to the applicable law or the Rules,
- for the inability to log in to the Website system caused in particular by: quality of the connection, failure of the ICT system or of the power grid, incorrect configuration of the software of the Service Recipients who are not Consumers,
- for the consequences of losing the password.
IX. FINAL PROVISIONS
- Contracts concluded in the Website are concluded in accordance with the Polish law.
- Changes made in the Website Rules by the Service Provider shall bind the Service Recipient provided that he has been properly informed about the changes and did not terminate the contract for providing electronic services within 14 days from the date of notifying the Service Recipient about changes by the Website.
- Any disputes arising between the Service Provider and the Registered Users shall be resolved first by negotiations, with the intention of amicable resolution of the dispute. However, if this is not possible or it would be unsatisfactory for either party, disputes will be resolved by a competent court of common jurisdiction in accordance with clause 4 of this chapter.
- Judicial dispute resolution:
- Any disputes arising between the Service Provider and the Service Recipient who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz.U. no 43, item 296, as amended).
- Any disputes arising between the Service Provider and the Service Recipient who is not a Consumer shall be submitted to the court competent for the office of the Service Provider.
- The Service Recipient who is a Consumer also has the right to use extrajudicial dispute resolution, in particular by submitting a request for mediation or application for review of the case by the arbitral tribunal after the complaint procedure (the application may be downloaded from http: //www.uokik. gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Voivodeship Inspectorates of the Trade Inspection is available from: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The consumer may also take advantage of free assistance of a powiat (municipal) consumer ombudsman or of a social organisation whose statutory tasks include consumer protection. Out-of-court claims after the complaint procedure are free of charges.
- For amicable resolution of a dispute, the consumer may, in particular, file a complaint through the online platform ODR (Online Dispute Resolution) at http://ec.europa.eu/consumers/odr/.