Product terms of Jobote for the users

Product Terms of Jobote for the users

1. INTRODUCTORY PROVISIONS

1.1 LMC s.r.o., with its registered office at Menclova 2538/2, Libeň, 180 00 Prague 8, ID No. 264 41 381, entered in the Commercial Register at the Municipal Court in Prague, File C, Insert 82484 (“LMC”), issues these Product Terms for the Jobote Service for the Users (“Product Terms”) which stipulate further terms of use of the LMC Electronic System Jobote.com and relating Services to the Users.

1.2 The rights and obligations of LMC and the User that are not explicitly stipulated by these Product Terms shall be governed by Terms of Use of the LMC Electronic Systems available at https://www.lmc.eu/en/terms-of-services (“Terms of Use”) and provisions of relevant legal regulations. If the Product Terms and Terms of Use differ, these Product Terms shall prevail.

1.3 Contact information is available at https://web.jobote.com/en/contact.

2. DEFINITIONS OF CERTAIN USED TERMS

2.1 The terms used in the text of the Product Terms shall have the following meaning:

(a) Recommender: the User who concluded a contract with the Client (usually an employee of the Employer or a person cooperating with the Employer in a different manner, e.g. pursuant to a contract for the provision of services, management contract, etc.) and whom the Employer directly contacted with an offer of a bonus for the Recommendation of the Applicants for its jobs.

(b) Recommendation: completion and sending of contact information of a suitable Applicant by the Recommender or possibly by the Applicant through a hypertext link unique for each Recommender that was made available to the Applicant and the Recommender, all for a job offered by the Employer published in the LMC Electronic System Jobote.com.

(c) Remuneration: fee paid by the Employer to the Recommender for the Recommendation of the Applicant to a job and subsequent hiring of the Applicant by the Employer in employment or another similar contractual relationship, as well as meeting of other conditions, in the amount listed by the Employer upon the entering of the job in the LMC Electronic System.

(d) Applicant: the User who is interested in the job offered by the Employer published in the LMC Electronic System.

2.2 The terms used in these Product Terms, however not specified in detail by these Product Terms, shall have the meaning defined in the Terms of Use.

3. DESCRIPTION OF THE SERVICE

3.1 The Jobote service allows the Recommender to recommend the Applicants to jobs of the Employer published in the LMC Electronic System Jobote.com, and conditions and the amount of the Remuneration for such Recommendation shall be determined by the Employer when it enters the job in the LMC Electronic System. If the Employer offers the payment of the Remuneration for the Recommendation, the Recommender must approve the conditions for the payment of the Remuneration before the Recommendation of such job.

3.2 Before the completion of the Recommendation, LMC or the Employer shall request provision of consent with personal data processing, confirmation of the instruction on personal data processing or another similar legal act by the Applicant.

4. REGISTRATION OF THE RECOMMENDER

4.1 For the use of the Services, registration of the Employer in the relevant LMC Electronic System, as well as the registration and allocation of a relevant Recommender to a specific Employer shall be necessary. The allocation of the Recommender to the Employer shall be determined by the Employer.

4.2 The Registration of the Recommender results in the creation of Recommender’s Account and the registration process requires a confirmation of the sent activation link that shall be delivered to the Recommender to his/her email.

4.3 As part of the registration process or the Account or Profile modification process, the Recommender may provide LMC with his/her personal data or other information, primarily identification information (name, surname, address, contact information (email, telephone number) and biographical data.

5. ACCESS INFORMATION

5.1 Login data to the Account, in accordance with the Terms of Use, is also the unique authorisation hypertext link that the Recommender receives to his/her email.

5.2 Lost password shall be renewed by a request of the User and sending of a link for its renewal to the User’s email.

6. RIGHST AND OBLIGATIONS OF THE RECOMMENDER

6.1 The Recommendation of the Applicant to the job offered by the Employer may be made by the Recommender based on:

(a) a specific Recommendation of the Applicant in a manner allowed by the LMC Electronic system;

(b) an unspecific Recommendation made through a hypertext link unique for each Recommender.

6.2 The Recommender undertakes to abstain from using services of third parties or another automated processing upon the sharing of the hypertext link unique for each Recommender when searching for the Applicants.

6.3 The conditions for the claim of the Recommender for the payment of the Remuneration by the Employer are usually as follows:

(a) The Remuneration may be obtained solely in relation to the Recommendation of a job included in the list of jobs that is placed in the relevant part of the LMC Electronic System.

(b) The Recommendation of a suitable person to a specific job and following hiring by the Client in employment or another similar contractual relationship for the specific job. The moment of the Recommendation is (i) the moment when the first response of the Applicant specifically recommended by the Recommender is sent, or (ii) the moment when the Applicant sends his/her first response to the offered job using the personalised hypertext link unique for each Recommender.

6.4 Each Employer shall be authorised to provide additional conditions (with the “(i)” symbol) under which the Recommender shall be entitled for the payment of the Remuneration.

6.5 The obligation to pay the Remuneration shall be exclusively governed by the special arrangement between the Employer and the Recommender. No obligation to pay the Remuneration shall arise between LMC and the Recommender. LMC shall not be a party to contractual relationships between the Employer and the Recommender or between the Employer and the Applicant.

6.6 A significant breach of these Product Terms shall include (in addition to the Terms of Use):

(a) Recommendation of non-existing Applicants;

(b) Recommendation of irrelevant Applicants who are apparently not suitable for the offered job;

(c) Sharing of the personalised hypertext link unique for each Recommender on internet forums and other similar platforms that may result in an unauthorised advantage of obtaining irrelevant Applicants;

(d) Recommendation of one Applicant for more than ten (10) jobs during the period of three (3) months; and

(e) False or automated use or misuse of personalised hypertext link unique for each Recommender through social networks or other similar platforms.