Terms of use of LMC electronic systems

1. INTRODUCTORY PROVISIONS

1.1 LMC s.r.o. with its registered office at Prague 7, Jankovcova 1569/2c, Post Code 17000, company ID 26441381, incorporated in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 82484, operating via its branch office in Poland LMC s.r.o. (spółka z ograniczoną odpowiedzialnością), issues these terms of use of the LMC Electronic Systems (“Terms of Use”) that stipulate rights and obligations in contractual relationships between LMC and the Users.

1.2 The current contact information of LMC for electronic contact (including billing data) is available at https://www.lmc.eu/en/contacts/.

1.3 The contractual relationship between LMC and the User shall be additionally governed by
(a) these Terms of Use, the wording of which is available at https://www.lmc.eu/en/terms-of-services;
(b) Product Terms as defined below;
(c) provisions of documents to which these Terms of Use or Product Terms refer; and
(d) provisions of relevant legal regulations.

2. DEFINITIONS OF USED TERMS

2.1 Terms used in the text of the Terms of Use shall have the following meaning:
(a) LMC Electronic Systems: website or other computer programs (including mobile applications) provided by LMC to other entities, primarily through internet network.
(b) LMC: LMC s.r.o., with its registered office at Jankovcova 1569/2c, Prague 7, Postcode 170 00, ID No. 26441381, entered in the Commercial Register at the Municipal Court in Prague, File C, Insert 82484.
(c) Unregistered User: user who uses the LMC Electronic Systems although he/she is not registered in these LMC Electronic Systems.
(d) Terms of Use: these Terms of Use of the LMC Electronic Systems.
(e) Product Terms: terms of use of the LMC Electronic System that stipulate further rights and obligations of the Users and LMC.
(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 LMC Electronic Systems.
(g) Registered User: user who uses LMC Electronic Systems and is registered in these LMC Electronic Systems.
(h) Service: service of LMC offered and provided to the Users for consideration or without consideration in the relevant LMC Electronic System.
(i) Account: environment resulting from the registration of the User in the relevant LMC Electronic System.
(j) User: person who uses LMC Electronic Systems irrespective of whether it is a Registered User or Unregistered User.
(k) Employer: an individual or corporate entity advertising job offers or other similar offers through the LMC Electronic System for the Users with the purpose of concluding labour or similar contractual relationships or using the LMC Electronic Systems in another manner pursuant to a contractual relationship with LMC;
(l) Privacy Policy: terms stipulating protection of Users’ privacy;
(m) Mediator: person who mediates jobs for the Users and concurrently suitable employees for the Employer through the LMC Electronic Systems.

3. CONSENT WITH THE WORDING OF THE TERMS OF USE

3.1 Before responding to an advertisement placed in the LMC Electronic Systems or before completing the registration in the LMC Electronic Systems, order of the Services as well as any other use of the LMC Electronic System (e.g. browsing through LMC website), the User shall read the Terms and of Use and relevant Products Terms.

3.2 By responding to an advertisement placed in the LMC Electronic Systems or completing the registration in the LMC Electronic Systems, or any other use of the LMC Electronic System (e.g. browsing through LMC website), 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 LMC Electronic System and not use the LMC Electronic System in any other manner.

3.3 In respect of an order of the Services, specific instructions are listed in the relevant LMC Electronic System. The User shall be authorised to identify and correct errors during the completion of a relevant form, or by contacting LMC using the contact information of the relevant LMC Electronic System.

3.4 The text of the contract is available to the User in the relevant LMC Electronic System.

4. USE OF THE LMC ELECTRONIC SYSTEMS AND THE SERVICES

4.1 LMC provides the LMC Electronic Services usually free of charge, unless the Product Terms stipulate otherwise.

4.2 The contract with LMC may be concluded in Czech or other languages made available by LMC within LMC Electronic systems.

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 LMC shall be authorised to suspend or discontinue the operations of an LMC Electronic System or its part as well as discontinue provision of any Services or their part anytime and without prior notice.

4.5 LMC 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.). LMC 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 LMC reserves the right to prevent, using available technical and legal means, the use of the LMC Electronic Systems 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 1 year;
(b) sends electronic or other messages containing information the disclosure or content of which is in breach of the law of the Czech Republic, these Terms of Use, ethical principles or good manners or that may damage the reputation of LMC or other entities;
(c) inadequately or excessively burdens the LMC Electronic Systems or their supporting infrastructure as a result of non-standard use of the LMC Electronic Systems or interferes or tries to interfere in their due operations (e.g. by using computer program to hack into or damage the LMC Electronic Systems, sending of bulk messages, placing of files that may damage or interfere with the program structure of the LMC Electronic Systems, etc.).
(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 LMC Electronic Systems; or
(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, general ethical principles and good manners;
(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 LMC or other entities; or
(f) information that is obviously untrue.

4.9 LMC shall be authorised to control the content of the information presented by the Users. LMC 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 LMC Electronic Systems, 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 LMC 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 LMC Electronic Systems and shall be removed from any public part of the LMC Electronic Systems. The information may continue to be available for a certain period due to delays in deletion by LMC. LMC shall be authorised to keep the saved copies of information on the User, if the Account was closed by LMC due to the breach of the Terms of Use or relevant Product Terms. LMC shall continue to be authorised to keep the saved copies of information on all Users in an anonymised form. Provisions of the Privacy Policy shall not be affected.

4.11 The User shall not be authorised:
(a) to process data in the LMC Electronic Systems automatically or perform data mining in a similar manner or use LMC databases in addition to the scope necessary to meet the purpose of the LMC Electronic System;
(b) try to access the parts of the LMC Electronic Systems for which LMC did not expressly provide access;
(c) overburden the LMC Electronic Systems by automated use;
(d) upload presented data of the LMC Electronic Systems for further machine or automated processing;
(e) use the LMC Electronic Systems in any other manner in conflict with their purpose.

4.12 LMC shall be authorised to use the contact data of the Users (e-mail, or telephone) to distribute commercial messages, relating only to services of LMC, unless the User originally refused this use.

4.13 Every User shall have the right to refuse the sending of commercial messages any time and free of charge by using the link in the commercial message, or by sending a message to any of the contact details of LMC 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 LMC or a potential Employer finds out that one person registered under several names, LMC 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 LMC Electronic Systems in a limited scope as the Unregistered User.

5.3 The Users undertake to present solely such information in the LMC Electronic Systems that does not cause any detriment to third parties or LMC.

5.4 The User shall be responsible for the content of the saved information pursuant to an application of the User. LMC shall be authorised to save the information on the entry of data in the LMC Electronic Systems leading to a clear identification of a specific User.

5.5 Depending on the type of the LMC Electronic System or the Service, the information of the User may be published in the relevant LMC Electronic Systems.

5.6 The User shall not be authorised to use the LMC Electronic System 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 LMC Electronic System or its part by distribution and copying or another technical processing without verifiable consent of LMC. In addition, it is forbidden to the Users to intervene in any manner in the technical or factual content of the LMC Electronic System.

5.7 The access to the Account/Accounts of the Client in the LMC Electronic Systems shall be protected by login data.

5.8 The User shall be obliged:
(a) to notify LMC of any security shortcomings in the LMC Electronic Systems 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 LMC.

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 LMC. LMC 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 LMC

6.1 LMC shall not be liable for any damage caused by force majeure or defects outside the technical equipment of LMC. “Force majeure” shall mean temporary or permanent extraordinary, unpredictable and unsurmountable obstacle that arose independently from LMC.

6.2 LMC shall not provide the Users with any guarantees in relation to the properties of the LMC Electronic Systems and the Services, unless the Product Terms specifically stipulate otherwise.

7. COMPLAINTS

7.1 LMC shall receive complaints primarily to the contact email address of the relevant LMC Electronic System or email address listed in the relevant Product Terms, and if the email address does not work, in any establishment in which the receipt of the complaint is possible in respect of the range of provided Services, or at the registered office or place of business. LMC 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 LMC 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 LMC Electronic System. When the LMC Electronic System 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 LMC stops operations of the LMC Electronic System 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 LMC 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 LMC does not provide remedy in reasonable time or when the remedy would cause considerable difficulties to the User.

7.7 If the User does not inform on the defect without any delays after he/she was able to identify it during timely inspection and with due care, he/she may not be granted with this right arising from defects.

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 LMC, he/she may do so anytime by closing their Account usually at the contact email of the relevant LMC Electronic System or through the relevant contact form. The closing of the Account will also result in the deletion of the Profile from the relevant LMC Electronic System.

8.2 If the Unregistered User wants to use his/her right to terminate with an immediate effect from the contract concluded with LMC, he/she may do so by discontinuing the use of the LMC Electronic Systems.

9. OUT-OF-COURT DEALING WITH POTENTIAL DISPUTES

9.1 The User, who is a consumer, has the right for an out-of-court dealing with potential disputes with LMC. The body authorised for the out-of-court dealing with consumer disputes arising from the use of the LMC Electronic Systems 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 LMC. 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 LMC 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 LMC shall be dealt with by courts of the Czech Republic ratione loci and ratione materiae.

11. CHANGE IN THE TERMS OF USE

11.1 LMC shall be authorised to change these Terms of Use and Product Terms anytime in the reasonable scope. In such case, LMC 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 LMC Electronic Systems. 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 LMC. 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 LMC 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 LMC may cancel the LMC Electronic System anytime, unless the Product Terms specify otherwise.

12.2 During the provision of the Services in certain LMC Electronic Systems, 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 Employers and the individuals searching for jobs; LMC, 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 LMC are available in the current version of the Privacy Policy.

12.4 These Terms of Use shall become valid and effective on 22 May 2018. These Terms of Use shall apply to contracts concluded before they took effect after seven (7) days from the day of the announcement of the change.

 

LMC s.r.o.

 

APPENDIX NO. 1 – SPECIAL PART OF THE TERMS OF USE OF THE LMC ELECTRONIC SYSTEMS (REPUBLIC OF POLAND)

LMC in the territory Republic of Poland

LMC s.r.o.
ul. Jankovcova 1569/2c, 17000 Praga, Republika Czeska, NIP: 5263201951,
działająca poprzez oddział w Polsce LMC s.r.o. (spółka z ograniczoną odpowiedzialnością)
Oddział w Polsce, przy ul. Przeskok 2, 00-032 Warszawa, Polska,
wpisany do rejestru przedsiębiorców prowadzonego przez Sąd Rejonowy dla m.st. Warszawy w Warszawie, XII Wydział Gospodarczy KRS pod numerem KRS 0000714275

Special provisions for Republic of Poland

If the contract between LMC and the User with respect to applicable and effective legal regulations is governed by another law than the law of the Czech Republic, the Terms of Use shall apply in full scope, except for the following provisions:
– The following provision shall apply instead of the provision of article 4.7 (b):
sends electronic or other messages containing information the disclosure or content of which is in breach of the law of the Republic of Poland, these Terms of Use, ethical principles or good manners or that may damage the reputation of LMC or other entities;

– The following provision shall apply instead of the provision of article 4.8 (a):
information that is in in breach of the law of the Republic of Poland, general ethical principles and good manners;

– The following provision shall apply instead of the provision of article 7.7:

– If the User does not inform on the defect without any delays within one (1) year after he/she was able to identify it during timely inspection and with due care, he/she may not be granted with this right arising from defects. The following provision shall apply instead of the provision of article 9.1:
The User, who is a consumer, has the right for an out-of-court dealing with potential disputes with LMC. The body authorised for the out-of-court dealing with consumer disputes arising from the use of the LMC Electronic Systems or the Services is the Voivodship Inspectorates of the Trade Inspection Authority at the website of which (https://www.uokik.gov.pl/wazne_adresy.php#faq595) 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 LMC. 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 Voivodship Inspectorates of the Trade Inspection.

– The following provision shall apply instead of the provision of article 10.1:

– These Terms of Use, Product Terms, as well as the relationship between the User and LMC shall be governed by the law of the Republic of Poland.The following provision shall apply instead of the provision of article 10.2:
Any disputes arising from these Terms of Use, Product Terms or contract between the User and LMC shall be dealt with by courts of the Republic of Poland ratione loci and ratione materiae.

– The following provision shall apply instead of the provision of article 12.2:
During the provision of the Services in certain LMC Electronic Systems, 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 Employers and the individuals searching for jobs; LMC, as the operator of the Services, shall not be an employment mediator in accordance with the Act on employment promotion and labour market institutions dated 20 April 2004 , as amended.