1. INTRODUCTORY PROVISIONS
1.2 The rights and obligations of LMC and the Client not expressly stipulated in these Product Terms are governed by the LMC General Terms and Conditions for Businesses available at https://www.lmc.eu/en/general-terms-conditions/ (“GTC“) and the provisions of the applicable laws and regulations. In the event of any discrepancy between these Product Terms and the GTC, the present Product Terms shall prevail.
2. DEFINITIONS OF THE TERMS USED
2.1 The terms used in these Product Terms have the following meaning:
(a) Client Account: set of data generated after the Client’s registration within the LMC Electronic System through the optional entry by the Client, possibly complemented with the records of the Client’s activity within the LMC Electronic System;
(b) Applicant: individual who is interested in the job offered or service published by Client via the LMC Electronic System;
2.2 Other terms used in these Product Terms but not defined herein have the meaning defined in the GTC.
3. SERVICE DESCRIPTION
3.1 The Praca za rogiem Service is provided by LMC through a mobile application of the same name, being one of the LMC Electronic Systems. The Service represents a platform for linking the Applicants with the Clients with the possibility of entry into employment or other similar contractual relationship between the Client and the Applicants.
3.2 The Client and the Applicant may negotiate a corresponding labour law or similar contractual relationship, the content, form and other elements of which are solely at the will of the Client and the Applicant. The Client acknowledges that the agreed contractual relationship may become subject to obligations pertaining to the performance of employment work under applicable laws and regulations currently in force and effect.
3.3 The Service operates on the basis of automated connection of the Clients with the Applicants, while the Client is in charge of managing their own account. Should the Client require assistance with filling in the Client Account or completing the registration, such assistance shall be granted (e.g. by consulting an LMC employee).
3.4 The Service publishes the offer of, and demand for, occasional job opportunities, and the Clients are allowed to establish a direct contact with the counterparty. The Service does not include direct intermediary activity between the Clients and the Applicants; LMC, as the Service provider, does not act as employment intermediary within the meaning of the Act on employment promotion and labor market institutions dated 20 April 2004 as amended.
3.5 The Praca za rogiem Service is generally subject to a fee for LMC Clients, unless otherwise agreed.
4. RIGHTS AND OBLIGATIONS OF THE CLIENT
4.1 The Client who wishes to use the Praca za rogiem Service is required to register for the use of the Service unless otherwise agreed by the Parties. Access to the Service cannot be granted without logging in to the Client Account.
4.2 The Clients register via a registration form in the LMC Electronic System, while the registration process requires entering an SMS authorisation code sent to the Client’s contact phone number specified in the Client Account.
4.3 Once the registration process has been completed within creating or updating the Client Account, the Client may provide LMC with their identification data (business name, first name, surname, or address), contact details (e-mail or phone number), and any other information that may be changed upon request.
4.4 By registering within the LMC Electronic System through which the Service is provided, the Client grants consent to these Product Terms.
4.5 Once registered, the Client may use their Client Account to advertise job offers or offers for other services offered within the LMC Electronic System. In order to properly publish the advertisement, the Client is obliged to indicate the exact address and offered wages, as well as other details marked as compulsory.
4.6 The Client may cancel their Client Account at any time free of charge via e-mail sent to email@example.com.
4.7 Cancellation of the Client Account will remove all job offers advertised and delete the Client data from the LMC Electronic System (including any information or documents provided).
4.8 The Client acknowledges that uninstalling the LMC Electronic System does not automatically cancel the Client Account. It will be deleted upon the expiration of five (5) years from the last activity of the Client in this LMC Electronic System.
4.9 The current LMC quotations for posting advertisements within the Praca za rogiem Services are specified on the following website: http://pracazarogiem.pl/szukam-pracownikow/.
5. FINAL PROVISIONS
5.1 These Product Terms are valid and effective as of 24 April 2018. For Clients who concluded an Agreement with LMC prior to the effective date of these Product Terms, these Product Terms shall apply upon expiry of the thirty (30) day term from the notification of a change of these Product Terms.