TERMS OF USE “Remote Jobs Advertising”
1. INTRODUCTORY PROVISIONS
1.1 JobsOpera s.r.o (as defined below), issues these terms of use of the “Remote Jobs Advertising” and provision of the Services (“Terms of Use”) that stipulate rights and obligations in contractual relationships between JobsOpera s.r.o and the Users.
1.2 The “Remote Jobs Advertising” and the Service are to be provided by the JobsOpera s.r.o.
1.3 The current contact information of JobsOpera s.r.o for electronic contact (including billing data) is available at “Remote Jobs Advertising”/contact/
1.4 The contractual relationship between JobsOpera s.r.o (as defined below) and the User shall be additionally governed by these Terms of Use.
1.5 An informative English translation of these Terms of Use is available at “Remote Jobs Advertising”. In case of discrepancies between the English version and the language version the relevant language version shall prevail.
2. DEFINITIONS OF USED TERMS
2.1 Terms used in the text of the Terms of Use shall have the following meaning:
(a) “Remote Jobs Advertising”: website or other computer programs (including mobile applications) provided by JobsOpera s.r.o to other entities, primarily through internet network.
(b) JobsOpera s.r.o providing the “Remote Jobs Advertising”
(c) Unregistered User: user who uses the “Remote Jobs Advertising” although he/she is not registered in these “Remote Jobs Advertising”
(d) Terms of Use: these Terms of Use of the “Remote Jobs Advertising”.
(e) Product Terms: terms of use of the “Remote Jobs Advertising” that stipulate further rights and obligations of the Users and JobsOpera s.r.o.
(f) Profile: set of personal data created following the registration voluntarily entered by the User, potentially amended by records of activities of the User in the “Remote Jobs Advertising”
(g) Registered User: user who uses “Remote Jobs Advertising” and is registered in these “Remote Jobs Advertising”
(h) Service: service of JobsOpera s.r.o offered and provided to the Users for consideration or without consideration in the relevant “Remote Jobs Advertising”
(i) Account: environment resulting from the registration of the User in “Remote Jobs Advertising”
(j) User: person who uses “Remote Jobs Advertising” irrespective of whether it is a Registered User or Unregistered User.
(k) Сustomer: an individual or corporate entity “Remote Jobs Advertising” or other similar offers through the “Remote Jobs Advertising” for the Users with the purpose of concluding labour or similar contractual relationships or using the “Remote Jobs Advertising” in another manner pursuant to a contractual relationship with JobsOpera s.r.o.;
(l) Privacy Policy: terms stipulating protection of Users’ privacy;
3. CONSENT WITH THE WORDING OF THE TERMS OF USE
3.1 Before responding to an advertisement placed in the “Remote Jobs Advertising” or before completing the registration in the “Remote Jobs Advertising”, order of the Services as well as any other use of the JobsOpera s.r.o (e.g. browsing through “Remote Jobs Advertising”), the User shall read the Terms and of Use and relevant Products Terms.
3.2 By responding to an advertisement placed in the “Remote Jobs Advertising” or completing the registration in the “Remote Jobs Advertising”, or any other use of “Remote Jobs Advertising” (e.g. browsing through “Remote Jobs Advertising” ), the User gives his/her consent with the wording of the Terms of Use and relevant Products Terms and undertakes to adhere to them. If the User does not agree with the wording of the Terms of Use or relevant Product Terms, he/she shall be obliged to immediately leave such “Remote Jobs Advertising” and not use the “Remote Jobs Advertising” in any other manner.
3.3 In respect of an order of the Services, specific instructions are listed in the relevant “Remote Jobs Advertising” . The User shall be authorised to identify and correct errors during the completion of a relevant form, or by contacting JobsOpera s.r.o using the contact information of the relevant “Remote Jobs Advertising” .
3.4 The text of the contract is available to the User in the relevant “Remote Jobs Advertising” .
4. USE OF THE “Remote Jobs Advertising”
4.1 JobsOpera s.r.o provides the “Remote Jobs Advertising” usually free of charge, unless the Product Terms stipulate otherwise.
4.2 If the agreement is to be concluded with JobsOpera s.r.o with its registered office in the Czech Republic, the contract with JobsOpera s.r.o may be concluded in Czech or other languages made available by JobsOpera s.r.o within “Remote Jobs Advertising”.
4.3 Price and relating payment conditions in respect of the provision of the Services as well as other information and conditions of such Services are listed in relevant Product Terms.
4.4 JobsOpera s.r.o shall be authorised to suspend or discontinue the operations of an “Remote Jobs Advertising” or its part as well as discontinue provision of any Services or their part anytime and without prior notice.
4.5 JobsOpera s.r.o reserves the right to block or delete any entry, communication, information or reference containing solely such information that is incorrect, meaningless or nonfactual (e.g. if it does not relate to search of work, contains fictitious data, political or other views, vulgarisms, etc.). JobsOpera s.r.o shall not be obliged to inform the Users on the decision to block or delete any entry, communication, information or reference as well as on the implementation of such decision.
4.6 JobsOpera s.r.o reserves the right to prevent, using available technical and legal means, the use of the “Remote Jobs Advertising” by the User (including deletion of all entered data or documents) who repeatedly or substantially breached these Terms of Use or Product Terms.
4.7 A substantial breach of the Terms of Use shall primarily include the situations when the User:
(a) did not log in his/her Account for more than 2 years;
(b) sends electronic or other messages containing information the disclosure or content of which is in breach of the law of the Czech Republic ;
(c) inadequately or excessively burdens the “Remote Jobs Advertising” or their supporting infrastructure as a result of non-standard use of the “Remote Jobs Advertising”.
(d) repeatedly or substantially breached these Terms of Use or relevant Product Terms;
(e) makes attempts to automatically or collectively read or copy the content of the “Remote Jobs Advertising”;
(f) opened the Account and completed the Profile pursuant to an unauthorised registration, i.e. primarily pursuant to a registration of a fictitious person, or registration under a name of another person.
4.8 A substantial breach of these Terms of Use shall primarily include the entry of the following content by the User:
(a) information that is in in breach of the law of the Czech Republic;
(b) information of sexual nature;
(c) information that is presented in conflict with the practices and regulations for the completion of specific forms;
(d) information on third parties without their knowledge;
(e) information that may damage the reputation of JobsOpera s.r.o or other entities;
(f) information that is obviously untrue.
4.9 JobsOpera s.r.o shall be authorised to control the content of the information presented by the Users. JobsOpera s.r.o shall be authorised to notify the User of the conflict of his/her behaviour with the Terms of Use or relevant Product Terms and require an immediate remedy or immediately block this information or delete it from the “Remote Jobs Advertising”, even without the consent of the User.
4.10 The User shall have no ownership rights to the Profile. If the User closes his/her Account, or his/her Account is closed by JobsOpera s.r.o in accordance with the Terms of Use or relevant Product Terms, all information on the User (including CVs or saved favourite advertisements), including the Profile, shall be marked as deleted, may be deleted from the “Remote Jobs Advertising” and shall be removed from any public part of the “Remote Jobs Advertising”.
4.11 The User shall not be authorised:
(a) to process data in the “Remote Jobs Advertising” automatically or perform data mining in a similar manner or use JobsOpera s.r.o databases in addition to the scope necessary to meet the purpose of the “Remote Jobs Advertising” ;
(b) try to access the parts of the “Remote Jobs Advertising” for which JobsOpera s.r.o did not expressly provide access;
(c) overburden the “Remote Jobs Advertising” by automated use;
(d) upload presented data of the “Remote Jobs Advertising” for further machine or automated processing;
(e) use the “Remote Jobs Advertising” in any other manner in conflict with their purpose.
4.12 JobsOpera s.r.o shall be authorised to use the contact data of the Users (e-mail, or telephone) to distribute commercial communication, relating only to services of JobsOpera s.r.o, unless the User originally refused this use.
4.13 Every User shall have the right to refuse the sending of commercial communication any time and free of charge by using the link in the commercial communication, or by sending a message to any of the contact details of JobsOpera s.r.o as stated at the introductory provisions of these Terms of Use.
5. OBLIGATIONS OF THE USER
5.1 The User shall be authorised to register only under his/her name and enter only the information on him/her in the Profile. Every User may have only one active Account. If JobsOpera s.r.o or a potential Сustomer finds out that one person registered under several names, JobsOpera s.r.o reserves the right to remove other Accounts of the specific User without notice.
5.2 The User who is not interested in registration, may usually use the Services of the “Remote Jobs Advertising” in a limited scope as the Unregistered User.
5.3 The Users undertake to present solely such information in the “Remote Jobs Advertising” that does not cause any detriment to third parties or JobsOpera s.r.o.
5.4 The User shall be responsible for the content of the saved information pursuant to an application of the User. JobsOpera s.r.o shall be authorised to save the information on the entry of data in the “Remote Jobs Advertising” leading to a clear identification of a specific User.
5.5 Depending on the type of the “Remote Jobs Advertising” or the Service, the information of the User may be published in the relevant “Remote Jobs Advertising”.
5.6 The User shall not be authorised to use the “Remote Jobs Advertising” or its part for anything else than his/her own need and in accordance with apparent or advertised features. Primarily it is forbidden to the Users to use the “Remote Jobs Advertising” or its part by distribution and copying or another technical processing without verifiable consent of JobsOpera s.r.o. In addition, it is forbidden to the Users to intervene in any manner in the technical or factual content of the “Remote Jobs Advertising” .
5.7 The access to the Account/Accounts of the Client in the “Remote Jobs Advertising” shall be protected by login data.
5.8 The User shall be obliged:
(a) to notify JobsOpera s.r.o of any security shortcomings in the “Remote Jobs Advertising” that he/she identified during their use;
(b) to abstain from the publication of the security shortcomings for no less than ninety (90) days from the notification to JobsOpera s.r.o.
5.9 The User shall be additionally obliged:
(a) to protect his/her device against misuse;
(b) to set sufficiently secure login data;
(c) to prevent any sharing of login data with third parties;
(d) to protect login data; and
(e) to prevent misuse of login data.
5.10 If login data is used in an unauthorised manner or misused, the User shall be obliged to immediately inform JobsOpera s.r.o. JobsOpera s.r.o shall have no liability for any misuse of login data of the User, or any potential detriment or potential claims of third parties arising from the breach of the above obligations of the User.
6. LIABILITY OF JobsOpera s.r.o.
6.1 JobsOpera s.r.o shall not be liable for any damage caused by force majeure or defects outside the technical equipment of JobsOpera s.r.o. “Force majeure” shall mean temporary or permanent extraordinary, unpredictable and unsurmountable obstacle that arose independently from JobsOpera s.r.o.
6.2 JobsOpera s.r.o shall not provide the Users with any guarantees in relation to the properties of the “Remote Jobs Advertising” and the Services, unless the Product Terms specifically stipulate otherwise.
7. COMPLAINTS
7.1 JobsOpera s.r.o shall receive complaints primarily to the contact email address of the relevant “Remote Jobs Advertising” in the relevant Product Terms. JobsOpera s.r.o or its authorised employee shall decide on the complaint immediately, in complex cases within three (3) business days. This period shall not include the period adequate depending on the type of the Service necessary for a professional assessment of the defect. The complaint, including the removal of the defect, shall be dealt with without any unnecessary delays, however no longer than within thirty (30) days from the day of the complaint, unless a longer period is agreed. Expiry of this period shall be treated as a substantial breach of these Terms of Use.
7.2 JobsOpera s.r.o shall provide the User with the Service that shall have no defects.
7.3 The Service shall be made available to the User depending on the operations of the “Remote Jobs Advertising” . When the “Remote Jobs Advertising” is out of order or shut down, the Service may be temporarily unavailable to the User without any claim for compensation.
7.4 The scope of provision of the Services in line with these Product Terms shall apply until JobsOpera s.r.o stops operations of the “Remote Jobs Advertising” or stops the provision of the Service. The User shall however have the right to use the Service for no less than 12 months after the conclusion of the contract relating to the paid Service in accordance with these Terms of Use; the User shall have not this right in respect of free of charge Services.
7.5 If the Service made available to the User contains defects, the User shall be allowed to:
(a) request a free of charge removal of the defect (if the defect can be removed without any unnecessary delays); or
(b) request access to a new Service containing no defects, if it is not unreasonable given the nature of the defect (if the defect relates only to the part of the Service, the User may request only a new access to such part of the Service);
(c) terminate the contract with an immediate effect, if any of the solutions above is not possible or the same defect appears repeatedly after the repair or there are several defects;
7.6 If the User does not terminate the contract or does not exercise the right for access to a new Service without defects or its part or repair of the Service, he/she may request an adequate discount. The User shall have the right for an adequate discount even when JobsOpera s.r.o is not able to provide him/her with access to a new Service without defects or its part or repair the Service as well as when JobsOpera s.r.o does not provide remedy in reasonable time or when the remedy would cause considerable difficulties to the User.
8. TERMINATION
8.1 If the Registered User wants to use his/her right to terminate with an immediate effect from the contract concluded with JobsOpera s.r.o, he/she may do so anytime by closing their Account usually at the contact email of the relevant “Remote Jobs Advertising” or through the relevant contact form. The closing of the Account will also result in the deletion of the Profile from the relevant “Remote Jobs Advertising” .
8.2 If the Unregistered User wants to use his/her right to terminate with an immediate effect from the contract concluded with JobsOpera s.r.o, he/she may do so by discontinuing the use of the “Remote Jobs Advertising”.
9. OUT-OF-COURT DEALING WITH POTENTIAL DISPUTES
9.1 If the agreement was concluded with JobsOpera s.r.o, the User, who is a consumer, has the right for an out-of-court dealing with potential disputes with JobsOpera s.r.o. The body authorised for the out-of-court dealing with consumer disputes arising from the use of the “Remote Jobs Advertising” or the Services is the Czech Trade Inspection Authority at the website of which (www.coi.cz) the User can find, among other things, the information on the manner and conditions of out-of-court dealing with disputes, when this proceeding may be initiated only pursuant to a petition of the User and after he/she does not manage to solve the dispute directly with JobsOpera s.r.o. The form of the petition for the initiation of the proceeding on out-of-court dealing with the consumer dispute is available at the website of the Czech Trade Inspection Authority.
10. APPLICABLE LAW
10.1 These Terms of Use, Product Terms, as well as the relationship between the User and JobsOpera s.r.o shall be governed by the law of
the Czech Republic.
10.2 Any disputes arising from these Terms of Use, Product Terms or contract between the User and JobsOpera s.r.o shall be dealt with by courts of the Czech Republic
11. CHANGE IN THE TERMS OF USE
11.1 JobsOpera s.r.o shall be authorised to change these Terms of Use and Product Terms anytime in the reasonable scope. In such case, JobsOpera s.r.o shall notify the Users of the implementation of changes by an email sent to the User, or using another appropriate manner, e.g. in the “Remote Jobs Advertising”. These changes shall be binding for the Users after seven (7) business days from the date of their publication, or another later date stated by JobsOpera s.r.o. The User shall be authorised to reject the change in the Terms of Use and Product Terms by an immediate termination of the contract concluded with JobsOpera s.r.o in line with these Terms of Use, before they take effect. A reasonable scope shall be a change in any provisions of these Terms of Use or Product Terms as well as any other provisions to which these terms of Use or Product Terms refer.
12. FINAL PROVISIONS
12.1 JobsOpera s.r.o may cancel the “Remote Jobs Advertising” anytime, unless the Product Terms specify otherwise.
12.2 During the provision of the Services in certain “Remote Jobs Advertising”, offers and demands of jobs may be published, and the Users may be allowed to directly contact the other party. The provision of these Services does not involve a direct mediation activity between the Сustomers and the individuals searching for jobs; JobsOpera s.r.o, as the operator of the Services, shall not be an employment mediator in accordance with Section 14 et seq. of Act No. 435/2004, on Employment, as amended.
12.3 The rights and obligations of the Users in respect of the processing of personal data and other information regarding the processing of personal data by JobsOpera s.r.o are available in the current version of the Privacy Policy.
12.4 These Terms of Use shall become valid and effective on 18 February 2022
JobsOpera s.r.o