Product terms of Techloop for the users

Product terms of Techloop for users

LMC s.r.o. issues these general terms and conditions of the Techloop platform for candidates (the "Product Terms").

GENERAL TERMS AND CONDITIONS

These Product Terms govern the basic rights and obligations of LMC s.r.o., with its registered office at Menclova 2538/2, Libeň, 180 00 Prague 8, ID No. 264 41 381 (the “Provider”) and you, as the natural person who has registered and seeks employment or other activity performed in similar legal relationship (the “Candidate”) through www.techloop.io (or other websites, as applicable) (the “Website”) and Provider’s platform located on this Website (“Techloop”). The  Privacy Policy  forms an integral part of the Product Terms.

The Provider operates Techloop platform through which it (i) offers the possibility to connect  Candidates and entities creating job opportunities for candidates (the “Company”) (Candidates and the Company together as the “Users”); and (ii) provides further related services to the Users in accordance with the Provider’s current offer of services on the Website, in particular the possibility to use the functionalities of Techloop (the “Services”). As part of the provision of Services, the Provider also offers consultancy and other similar (informational) services related to job opportunities.

These Product Terms govern the rights and obligations of you as the Candidate in relation to the use of our Services and other related legal relationships.

For the purposes of certain provisions of these Product Terms, the term “Company” shall also include any entity which shall agree with the Candidate on future cooperation, regardless of its form, based on any Offer as defined below (the “Placement”) instead of the entity registered on the Website, such as Company’s subsidiary.

The contractual matters between LMC and the User, which are not expressly governed by these Product Terms, shall be governed by the provisions of applicable law and the Terms of Use of LMC Electronic Systems (hereinafter the “Terms of Use”) available at https://www.lmc.eu/en/terms-of-services.

In the event of any difference between these Product Terms and the Terms of Use, the present Product Terms shall prevail.

 HOW TO USE OUR SERVICES

In order to be able to use the Services, you shall first create your profile which shall contain the information incl. personal information, professional skills, qualification, work experience and further relevant information which might be useful for the Company (the “Candidate Profile”). The more precisely you fill in your details, the higher may be your chances, to become attractive to particular Company. The Provider does not guarantee that you shall find a suitable Career Opportunity or receive any Offer.   

Your personal information will be not available to the Companies until the moment accepting of the Offer pursuant to these Product Terms and processed in accordance with the Privacy Policy  .

Each Company may create its own profile, i.e. a webpage promoting the Company’s unique culture, team and projects and/or containing further information regarding the Company (the “Company Profile”). The Companies propose career opportunities through Techloop (the “Career Opportunity”). The Company is entitled to change the specifications of the Career Opportunities and/or to cancel the Career Opportunities at any time for the term of their publication on the Website.

You may browse through the current Career Opportunities, after you have registered (the “Signup”). If you like any of the Career Opportunities, you can express your interest online through Techloop by clicking on the “I’m interested” button (or its equivalent) available at the respective Career Opportunity.

After you have chosen one Career Opportunity from a particular Company, you can start a conversation with it within or outside Techloop. The Company may offer you a job, regardless of the form of cooperation (the “Offer”). You may find all of your Offers on Techloop and you are free to decide, whether you accept or refuse.  

In case that you reach an agreement with the Company, upon accepting an Offer, on any agreement on cooperation, such agreement is concluded by and between you and the Company outside the scope of the Website, Techloop and the Services. The terms and conditions for Companies are governed by a separate document - Techloop product terms for Clients.

The Provider provides employment arrangement services (intermediary activity) to Candidates through Techloop in accordance with the issued authorization to mediate employment according to [§ 14 para. 1 letter a) and c)] of Act No. 435/2004 Coll., the Employment Act, as amended ("Employment Act"), and due and effective legal regulation. The Provider shall thus help Companies seek and intermediate Candidates for job vacancies and helps Candidates find and mediate job opportunities. The Provider further provides consultancy or information activities in the field of employment opportunities. All activities aimed at filling a vacancy shall be performed by the Users themselves in the final phase, at their own liability and in interaction with each other.

INFORMATION FOR THE CANDIDATES

By accessing Techloop, by Signup or creating the Candidate’s Profile or by any other use of Techloop, you become the user of Techloop, and therefore you shall get familiar with these Product Terms.

You as the Candidate shall:

be a natural person;
be at least 18 years old;
have full legal capacity.

By Signup or otherwise expressing your agreement to the Product Terms, you undertake to comply with these rules, including any and all rules and further terms and conditions referred to by these Product Terms. You are not authorized to use ourWebsite, Techloop or use our Services if you do not agree with the Product Terms.

If you want to use the Services, you shall create the Candidate Profile, and you are authorized to change (at any time) the provided information, incl. personal data. In addition, in order to maintain sufficient quality and completeness of information contained in the Candidate Profile, you agree that Techloop may from time to time access your Candidate Profile to improve its content, primarily, but not exclusively, spelling or formatting mistakes or adding relevant information available from other sources as provided by the Candidate to Techloop.

CANCELLATION OF THE SIGNUP

The Signup may be cancelled by either the Provider or the Candidate anytime (even without prior notification) online through Techloop or by contacting us via email on hello@techloop.io.

Some User Content (certain categories, in particular the information provided within the Users’ discussions and the inputs provided by the Users within the coding challenges and/or other tasks available on the Website) provided within Techloop by the respective Candidate may remain available through Techloop to other Users even after cancelling the Candidate Signup. The Provider is not obliged to remove or make in any other way unavailable such User Content pursuant to the previous sentence, unless such obligation arises out of applicable laws.

USER CONTENT

Unless indicated otherwise in these Product Terms, any and all content uploaded by the Candidate to Techloop shall be understood as the Candidate Content. Each Candidate (and such Candidate exclusively) shall be responsible for the Content provided on Techloop by such Candidate.

The Candidate must not publish through Techloop in particular the following Content:

hateful, violent, vulgar or discrimination communications;
obscene content or content of sexually explicit character;
showing violence, politically oriented content, untrue content and/or content of fraudulent character;
offer of activities prohibited by law;
advertising or any other form of promotion of services or products of third parties and/or any other prohibited advertising (including promotion of alcoholic and tobacco products, prescription medications and drugs, financial products, consultancy or gambling);
any form of corruption conduct or any other unfair competitive conduct;
content that could infringe third party rights, in particular intellectual property rights;
content that could cause any damage to or non-functionality of Techloop or Provider’s HW or to any other User;
content that infringes these Product Terms;

(the “Prohibited Content”). In case of any doubts, it shall be deemed that the Content is a Prohibited Content.

The Provider has the right at any time (even without prior notification) to delete or make unavailable any Content, including any personal data, or to make any any changes, adjustments or corrections thereto, for serious reasons. A serious reason shall be especially (i) breach of these Product Terms or legal regulations by the Candidate (especially publication of the Prohibited Content), correction of evident inaccuracies or errors in writing, information updating, incl. personal data, ensuring security or protection of rights and rightful interests of the Provider or any other Users or and/or if (ii) the Provider for any other reason and at its sole discretion deems necessary or appropriate to delete or make unavailable particular Content.

The Provider reserves the right to take necessary legal actions against the Candidates that place Prohibited Content on Techloop. The Provider will take all necessary steps which might be reasonably required on the Provider in order to delete or make unavailable such Prohibeted Content.

PAYMENTS AND REMUNERATIONS

Unless specified otherwise in the Product Terms, the Services are provided to you as the Candidate free of charge. You shall bear all your costs incurred in relation to the use of Services and/or access to and use of the Website (e.g. costs of communication services, e.g. the Internet).

YOUR RIGHTS AND OBLIGATIONS

While using the Services you shall provide accurate, complete, true and up-to-date personal data and information at any time. When communicating with other Users, you shall provide only true information, behave and act politely and respectfully.

While using the Services you shall comply with legal regulations and respect the Provider’s and third persons’ rights. You shall not, in particular:

use Techloop and the Services contrary to these Product Terms;
use Techloop and the Services in a way capable of causing any harm to the Provider, other Users and/or third persons;
change the content of the Website, Techloop and/or the system which realizes the transmission from the Website to third persons, or interfere in any other way with the Website, Techloop and/or the system which realizes the transmission from the Website to third persons, jeopardize or disturb their operation;
unlawfully gain personal data of other Users;
use the mechanisms, software or other actions that could adversely affect the operation of the Website. The Website can be used solely to the extent not interfering with the rights of other Users or the Provider and in compliance with the purpose of the Website.

You shall not “circumvent” and/or attempt to “circumvent” the Website and the Services, i.e. shall not directly or indirectly liaise (and/or attempt to liaise) with the Companies known to the Candidate as a result of using of Techloop and/or the Services outside the scope of Techloop.

You hereby accept and understand that you are the only person responsible for the process pertaining to seeking of the job opportunity through Techloop and you shall be responsible for any direct or indirect harm or damage incurred by the Companies or third persons (if applicable) due to the above.

You are liable for any direct or indirect harm or damage caused by your acts (or omissions) contrary to these Product Terms and/or legal regulations.

The contractual relationship between the Provider and the Candidate shall also be governed by the Terms of Use of LMC Electronic Systems available at the website https://www.lmc.eu/en/terms-of-services.

RIGHTS TO THE WEBSITE

The Provider is the owner and the operator of the Website and Techloop.

The Website and Techloop constitute a copyrighted work and the database in the sense of Czech copyright laws. The Provider performs any and all economic rights relating to the Website and Techloop.

The content of the Website or Techloop shall not be stored, modified or spread unless the Provider grants a prior written consent to the above. Any economic rights relating to the Website or Techloop shall not be performed by any other third persons without prior written approval of the Provider.

As a result of Signup, the Provider grants you a free non-exclusive license to use:

Techloop (i.e. its current version). Such license has been granted without any territorial restrictions for remote access to Techloop via the Internet for the purposes for which Techloop is used, which is given in particular by its functionalities. The use right pursuant to these provisions shall terminate upon cancellation of the Signup;
the databases contained in Techloop. Such license shall be granted without any territorial restrictions for remote access to Techloop via the Internet for the purposes for which Techloop is used, which is determined in particular by its functionalities, and shall terminate upon cancellation of the Signup. Said right shall not include the right to utilize the entire content of the databases contained in Techloop or any qualitatively or quantitatively significant parts of such databases, or the right to repeatedly and systematically exploit any insignificant parts of the content of the databases contained in Techloop exceeding the extent necessary to use Techloop properly, in a non-automated way, through Techloop. The Candidate shall not be entitled to connect the databases or the contents thereof with any other databases, to make them available to any third parties or use them in any other manner that is not usual. The Candidate shall not be entitled to use any software tools (robots) when using Techloop.

 PERSONAL DATA PROCESSING

LMC s.r.o., as the Provider acts as the personal data controller.

The Provider shall process personal data on the basis of consent according to § 17 paragraph 2 of the Employment Act in compliance with applicable legal regulations in the area of personal data protection, in particular with the General Data Protection Regulation (EU) 2016/679. The Provider declares that it has taken appropriate technical and organizational measures for personal data processing to avoid unauthorized or accidental access to personal data or a change, destruction or loss, unauthorized transmission, leak, any other unauthorized processing or any other misuse of personal data. The Provider undertakes to keep all data and media containing data at protected places and secured so that the possibility of access by an unauthorized person or any other unauthorized interference is minimized.

Further details, i.e. in particular:

what personal data are processed by the Provider;
how the Provider disposes with personal data;
who is the administrator and who is the processor of personal data; and
what are the data subject’s rights in relation to personal data processed by the Provider are available in a separate document, the Privacy Protection Principles of LMC s.r.o.

CONSEQUENCES OF INFRINGEMENT OF TERMS AND CONDITIONS

If you breach these Product Terms, the Provider is entitled to (subject to Provider’s sole discretion): (i) restrict your rights and/or the scope of Services provided to you; and/or (ii) cancel your Signup and prevent your access to the Website or Techloop and further use of the Services.

DISCLAIMER

The Services are provided by the Provider “as they are” and the Provider does not provide any guarantees to the Candidate regarding the Services, Techloop and/or the Website. In particular, the Provider does not guarantee that:

the Website, Techloop and the Services will be available continuously twenty-four hours a day, seven days a week;
the Website, Techloop and the Services will be fully functional throughout all time of providing of the Services;
the Website, Techloop and the Services will be provided free of errors;
the Content will be backed up within the Website and will not be damaged, changed or deleted;
the Content does not violate the legal regulations and rights of Users and/or third persons.

The Provider shall not be liable for any direct or indirect harm or damage that may be caused to the Candidate in connection with use of the Website or the Services. In particular, the Provider shall not be liable for any direct or indirect harm or damage caused:

by (i) non-functioning, (ii) unavailability or (iii) bad availability, functioning or speed of the Website, Techloop or the Services, (iv) by interruptions in operation and/or (v) failure in the Website, Techloop or the Services;
by downloading of the User Content or other information published on Techloop;
by computer viruses;
by loss of the Content or other information of the Candidate;
by unauthorized access to the Content or other information of the Candidate;
by misuse of the Website, Techloop or the Services by the Users or third persons;
by non-delivery, non-storage or loss of any Content;
by terminating of operation of the Website, Techloop or Services.

The Provider shall not be responsible for the Content and other information available within Techloop that was provided and/or made available by the Users or third persons. The Provider shall not be responsible for any direct or indirect harm or damage incurred by the Candidate in connection with the access to the Content or further information pursuant to the previous sentence or in connection with the use of the above.

The Provider shall not be responsible to any extent for any part of the process pertaining to seeking of the job opportunity through Techloop.

Clicking on the links on the Website or in Techloop may cause leaving the Website and redirecting to the websites of the third parties. The Provider shall not bear any responsibility with respect to the websites of the third parties and shall not indemnify the Candidate for any direct or indirect harm or damage incurred by the Candidate in connection with the websites of the third parties pursuant to the previous sentence. The Provider recommends to the Candidate to get familiar with the terms of use or other terms and conditions issued by providers of such websites of the third parties.

FINAL PROVISIONS

The Provider reserves the right to terminate at any time and without compensation the operation of the Website, Techloop and/or the providing of the Services.

The Provider reserves the right to restrict or terminate at any time the Candidate’s access to the Website or to Techloop in accordance with these Product Terms.

The Provider reserves the right to modify at any time and in any way the Website, Techloop, the Services, their scope and conditions, without prior notification to you as the Candidate. You hereby take into account and agree that such modification can affect or completely exclude the functionality of particular Services. The Provider shall not indemnify you for any direct or indirect harm or damage arising out of the above.

The Provider reserves the right to unilaterally change or amend at any time the wording of these Product Terms. The Provider shall inform you of the changes to the Product Terms at least seven (7) days in advance within the Website, Techloop or in any other appropriate form so that you are able to get familiar with the actual version of the Product Terms without unreasonable complications. The User has the right to cancel his/her Signup at any time. If the User does not cancel his/her Signup by the date of entry into force of the new Product Terms, the new Product Terms shall take effect at the time specified in the notice.

Any and all legal relationships arising out of or in connection with the Website, Techloop and the Services and their use are governed by the laws of the Czech Republic, regardless of where the access to and the use of Techloop takes place.

In case that the consumer dispute between the Provider and the Candidate arises out of the use of the Services, which cannot be resolved by a mutual agreement, the purchaser may submit the motion for the extrajudicial handling of such dispute to the designated authority for extrajudicial handling of the consumer disputes, which is  

Česká obchodní inspekce

Ústřední inspektorát – oddělení ADR

Štěpánská 15

120 00 Praha 2

Email: adr@coi.cz

Web: adr.coi.cz

The consumer may also use the online platform for resolving of the disputes, which is instituted by the European Commission on the address http://ec.europa.eu/consumers/odr/.

You as the Candidate take into account and agree that the rights and obligations pertaining to the Website, Techloop and the Services pursuant to these Product Terms can be assigned to third persons in compliance with applicable legal regulations. The succession or assignment of the rights and obligations of the Provider shall not have any effect on the validity and effectiveness of these Product Terms.

These Product Terms shall become effective on 1. 1. 2023.

LMC