We are Jobbatical OÜ, a company established and existing under laws of Estonia, with registry code 12671900, located at Niine tn 11, 10414 (hereinafter “Jobbatical”, “we”, “us” and “our”) and we operate a website [https://Jobbatical.com] and its subdomains, including the software, databases, interfaces, associated media, documentation, updates, new releases and other components or materials incorporated therein or integrated therewith (hereinafter “Platform”).
The Platform enables the employers or employment agencies (hereinafter the “Client”) to manage the relocation process of their or their clients international employees in one place by creating an account for each person involved in the process (hereinafter “Platform Service”).
The term “Talent” or “you” refers to a natural person whom the Client wishes to relocate and is, therefore, requested to submit all necessary information and documents via Platform. By accepting this Platform Agreement (hereinafter “Agreement”), you confirm that you have carefully read and understood the Agreement and you agree to be bound by the Agreement.
1. PLATFORM SERVICE
- The recipient of the Platform Service and any additional services provided by Jobbatical is the respective entity that has employed, wishes to employ you or is advising your employer (hereinafter “Client”).
- The Platform Service provided to you is limited to the provision of the access to your user account, submit and amend information about you or your family members and view the status of the process related to you and initiated by the Client. Due to this the term “using the Platform Service” in this Agreement refers to your access to your user account.
2. USER ACCOUNT AND USE OF THE WEBSITE
- To use the Service, you must log in via Website and accept these Terms.
- If your Employer has concluded the agreement with Jobbatical, initial account for you to use the Service might be created based on the information submitted to us by your Employer. In such a case, we will send login details to your e-mail account disclosed to us by your Employer, or by other means of communication agreed between us and your Employer. When you log in the first time, you need to check if any registration information submitted about you is true, accurate and complete. If information or part of the information is untrue, inaccurate or incomplete, you undertake to notify us immediately.
- Jobbatical may enable you to create an account and to register as a user by yourself via the Website. By registering yourself, you confirm that any registration information you submit is true, accurate and complete.
- You are liable for maintaining confidentiality of your username and password. You must immediately notify us if you believe the security of your account has been compromised.
- Creation of the user account is required to submit Service-related information. Certain features of the Website can only be used by logging in to your account. There may be other features of the Website in the future which can only be used by logging in to your account.
- You shall not:
- use the Services for any unlawful, obscene or immoral purpose or for soliciting others to perform any unlawful or immoral acts;
- violate any international or local laws and regulations in connection with the use of Services;
- in connection with the use of Services, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
- submit any false or misleading information in connection with the use of the Services;
- upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or Website;
- spam, phish, pharm, pretext, spider, crawl, or scrape;
- interfere with or circumvent the security features of the Services or the Website or any technical measures used to provide the services or any related website;
- transfer your account to another party.
- In the course of provision of Platform Service to the Client, we will collect and process personal data about you. More information can be found in our Privacy Notice available on the Platform. By accepting this Agreement, you also confirm that you have read and understand the content of the Privacy Notice.
4. FEES AND PAYMENT
- The use of Platform is free of charge for the Talent. Also, any additional services provided to the Client in relation to you are not subject to any fees or payments payable by the Talent.
5. LIABILITY AND INDEMNIFICATION
- Platform Service and any content or features made through the Platform is provided to you “as is” and “as available” without any warranties of any kind either express or implied. We do not provide any guarantees to you regarding the Platform. In particular, we shall not be responsible for the following:
1.1. any interruption, discontinuance, suspension or other type of unavailability of the Platform or Platform Service;
1.2. any interruption or cessation of transmission to or from the Platform or Platform Service;
1.3. any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Platform or Platform Service;
1.4. deletion of, corruption of, or failure to store any content or data;
1.5. the incompatibility of technologies used for accessing the Platform or Platform Service.
2. Jobbatical shall not be liable for any breach, damages and/or loss that is caused by (a) incorrect, incomplete or misleading information provided by the Client or you and/or any other third party, or (b) any failure or delay by you, the Client and/or any other third party to perform the actions required to be taken in order to achieve the purpose of the services.
3. We are liable for any breach of this Agreement only to the extent the breach is intentional or grossly negligent. We shall not be liable for any damages other than direct proprietary damages.
4. We are not liable to you in respect of any service that is provided to the Client.
5. You agree to indemnify, defend and hold harmless us against any costs, damage, claims, liabilities and expenses (including attorneys’ fees) incurred directly or indirectly as a result of your violation of this Agreement or any provisions of the applicable law.
6. DELETION OF YOUR ACCOUNT
- The Agreement takes effect from the acceptance of it and is valid for an unspecified term.
- Either party may unilaterally terminate this Agreement at any time and without providing any reason for termination by giving the respective other party one-month prior notice.
- You may immediately unilaterally terminate the Agreement by giving us a notice if we have breached this Agreement and have not remedied the breach within 14 days after the receipt of your relevant notice.
- We may immediately unilaterally terminate the Agreement by giving you a notice thereof if you have (i) provided morally inappropriate, fraudulent, misleading or inaccurate information and/or (ii) are not eligible or authorized to use the Platform and/or or (iii) have breached this Agreement and have not remedied the breach within 14 days after the receipt of our relevant notice.
- Termination of the Agreement does not terminate the obligations that have arisen before termination, unless the parties agree otherwise.
- After the termination of this Agreement, the agreement entered into with the Client or in case you have not used the Platform for 3 years (you have not logged in to his profile for 3 years) the account and all data therein shall be deleted.
7. GOVERNING LAW AND JURISDICTION
- This Agreement shall be governed by the laws of the Republic of Estonia.
- Any disputes arising from this Agreement shall be settled in the Harju County Court in the Republic of Estonia.
- If any term or provision of the Agreement is held invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
- The headings used are intended solely for the purpose of facilitating the tracking of the contents of the Agreement and have no bearing on the interpretation of the contents of any of the provisions of the agreement.
- Our failure to exercise or enforce any provision of or any of our right hereunder shall not mean that we have deemed a waiver of future enforcement of that or any other provision or right.
- We reserve the right to change any part of the Agreement in case (i) we improve our Platform and/or develop new features (ii) there is a change in costs, expenses, risks and/or liabilities relating to the provision of Platform Service (iv) the purpose of the change is to clarify any of the parties’ rights and obligations relating to the Platform Service and/or (v) there are other objective reasons of whatsoever nature. We will notify you of each such change via Platform by posting revised terms on our Platform.