General Terms and Conditions of Use
The present document outlines all general terms and conditions of use of the EMPLOY Platform (“Online Hub”, “EMPLOY Online Platform” „Online Platform”). The Online Hub is implemented within the framework of the EMPLOY project funded under KA2 – Cooperation for Innovation and the Exchange of Good Practices, Key Action of Erasmus + Programme of European Commission. The services (“Services”) available on the Online Platform are provided by the EMPLOY Consortium. For the implementation and interpretation of the present Terms and Conditions of Use, the terminology in the current document has the following meaning:
Article 1: Definitions
- “System Administrator (Admin)” is the authorised person who acts on behalf of the EMPLOY Consortium and has access to the Administration panel of the EMPLOY Platform via an Admin Account.
- “Administration panel” is the internal section of the EMPLOY Platform accessible only for Admin upon his/her registration.
- “User” is the person who registers on the EMPLOY Platform (either as Mentor or Mentee) and uses the Services provided on the Online Platform. Once completing the registration, the access to the User Account by the User is performed by entering the Username and Password specified upon his/her registration.
- “Visitor” is a person that is online on the Online Platform but uses the available services without being registered or logged in.
- “EMPLOY Consortium” shall mean the “mEntoring prograMme for young People at risk for Labour fOrce entrY” Consortium formed by the following beneficiaries (partners) acting jointly as a consortium under the EMPLOY Project funded by the Erasmus + Programme of the European Commission: Higher Institute of Insurance and Finance (Bulgaria), EMINA Pályaorientációs Alapítvány (Hungary), Celjski Mladinski Center, Javni Zavod za Mladinsko Kulturo, Izobrazevanje, Informiranje in Sport (Slovenia), TDM 2000 (Italy), Law and Internet Foundation (Bulgaria), YASAR University (Turkey).
- “EMPLOY Platform” (also referred to as “Platform”, accessible via ) is a web-based platform developed, managed and administrated by the EMPLOY Consortium within the EMPLOY Project through which Users are provided with information services and resources, subject to the present Terms and Conditions of Use.
- “Content” is any text, photo, any other graphical content, multimedia content, link, or any other material or information posted, uploaded, and accessible through the EMPLOY Platform.
- “IP address” is a unique identification number associating a device, a web page, Admin’s or a User’s resource in a way that allows their localisation on the Internet.
- “Link” is a link (reference) designated in a particular Internet page that allows automatic forwarding to another Internet page, information resource or object using standard protocols.
- “Malicious Actions” is any behaviour, violating the Internet ethics or causing damages to persons connected to the Internet or associated networks, as well as sending of unsolicited communications (SPAM, JUNK MAIL), flooding, gaining access to resources by using somebody else’s rights and passwords, using system imperfections for own benefit or for gaining information (HACK), committing actions, that can be qualified as industrial espionage or sabotage, damaging or destruction of systems or information massifs (CRACK), sending of “Trojan Horses” or causing installation of viruses or unauthorized remote control systems, disturbance of the other Internet and associated networks user’s normal work, committing any actions that can be qualified as crimes or administrative offences according to the European or other applicable legislation.
- “Partner” shall mean each of the beneficiaries within the EMPLOY Consortium.
- “Password” is a unique combination of letters, ciphers and/or symbols selected by the Admin or the User which, along with the username specified by the Admin or the User upon his/her registration, serves for access to his/her Account.
- “Server” is a device or a system of connected devices, on which system software is installed to perform tasks related to storing, processing, receiving or sending information.
- “Web page” is a composite part of a Website.
- “Website” is a specific place in the global Internet accessible through its unified address (URL) under HTTP or HTTPS protocol, containing files, text, programmes (software), sound, picture, image, electronic links or other material and resources.
Article 2: Subject
- The Online Platform is developed by the EMPLOY Consortium within the EMPLOY Project.
- The Services available on the EMPLOY Platform to Users and Visitors meet the requirements set in the current Terms and Conditions of Use. Some of the Services are to be used upon registration to the Online Platform (described below). However, the provided services to the Users do not include administration options such as moderating the Platform. Only the Admin shall have the right to perform such an action as per the present Terms and Conditions of Use.
- Each Partner, as well as the EMPLOY Consortium, do(es) not bear responsibility if the User cannot gain access due to problems which are not in the control of the EMPLOY Consortium (hardware, software issue, problems regarding Internet connection, etc.).
- The provision of the Services remains free of charge and the Consortium will not at any time collect financial or other kind of remuneration.
Article 3: Acceptance of the Terms and Conditions of Use
- The present Terms and Conditions of Use apply to the relations between the EMPLOY Consortium itself, and the Users. The present Terms and Conditions of Use also apply respectively to the relation between the Partners of the EMPLOY
- With every use of the Services on the EMPLOY Platform, including by opening a Web Page of the Online Platform, as well as by clicking on a Link displayed on the home page or any other Web Page of the EMPLOY Platform, the User declares that he/she has read the present Terms and Conditions of Use, agrees to them and observes them. If a User does not agree with any requirement, provided for in the present Terms and Conditions of Use, the latter shall not use the Services available on the Online Platform.
Article 4: Registration of User
- Only registered Users are entitled to use certain Services provided on the Online Platform. In order to create a User Account, a request to the EMPLOY Platform administrator must be submitted.
- In order to complete the registration and to create a User Account, the User must fill in the registration request by providing information such as e-mail and password. The administration approval will be sent to the User directly via e-mail. The User has to take all due care and necessary measures and is responsible for all actions performed by him/her or by a third party through the use of the respective User Account. The User must immediately notify the Admin in case of unauthorised access, as well as if there is a probability of such. The fields completed by the users will be checked for validity, e.g. the email field to contain a proper email address, the username requested will be checked for uniqueness and the user will then automatically be registered.
- The EMPLOY Consortium may keep log files with the IP address of the User on the Server, as well as any other information, necessary for identification of the User and reproduction of the User’s statement for the User’s consent with and acceptance of the Terms and Conditions of Use and may use any such information in case legal disputes arise.
Article 4.1: Registration of Admin
- The registration of an Admin could be done only by an authorised person on behalf of the respective Partner. In the process of registration, the person must declare that he/she is granted with the necessary authorisation to act on behalf of the respective Partner via the Admin Account. In case a person acts on behalf of a Partner without being duly authorised, this person shall owe compensation for all damages caused to the respective Partner, to the EMPLOY Consortium, and to any other third party as a result of the actions committed by the person using the Admin Account.
- The EMPLOY Consortium has the right, but not the obligation, to carry out at any time (prior or after his/her registration) any further actions to check and verify whether a person is duly authorised to act on behalf of a respective Partner. Each Partner shall have the right to immediately block the access to the Admin account without any prior notice to that person upon being informed by the legal representative of the respective Partner that the person who uses the Admin Account on its behalf is not or is no longer a member of its team. In this case, the respective Partner shall have the right to access, manage, use or remove any Content posted, uploaded or stored by the person acted on behalf of it via the Admin account, by naming another person who will act on its behalf.
Article 5: Conclusion of a Contract
- For usage of the Services available at the EMPLOY Platform, the User and the EMPLOY Consortium conclude a contract. The contract is concluded at the moment a User registers on the EMPLOY Platform.
- After registration, the Admin confirms it by sending a message to the email address indicated by the User.
- The term of the contract is:
- For Users – until the termination of the registration;
- For EMPLOY Consortium – for an indefinite period until the provision of services termination.
Article 6: Rules regarding the use of the EMPLOY Platform by the User
- Once completed the registration, the User is entitled to access all services available on the EMPLOY Platform. Along with the other Services accessible to all Visitors, the Users of the EMPLOY Platform have full access to the EMPLOY Network (consult all posted topics, create new ones, post/ delete comments, etc.). The Users may also send messages to other Users, delete their own messages or the entire chat history.
- Live streaming of events will be carried out on the EMPLOY This includes the transmission of a steady stream of audio and video signals via the Internet from the EMPLOY Platform to the end device of the User, enabling the User to watch and listen to audio and video records online in real-time. A permanent copy for future reference and upload is also available on the Platform. The Users may post their comments during the live streaming.
- The User is entitled to use the Content available on the platform for non-commercial purposes upon the approval of the EMPLOY Consortium or by providing appropriate citation and reference.
- The User agrees while using the Services provided on the Online Platform:
- not to perform Malicious Actions within the meaning of these Terms and Conditions of Use;
- not to use, copy and distribute Content on the Online Platform for any commercial purposes;
- not to impersonate another person or representative of a person who is not authorised to represent or otherwise mislead the Consortium or third parties with regard to his/her identity or affiliation to a certain group of people;
- to immediately notify the Admin of any case of performed or discovered violation in the use of the provided Services;
- to notify the Admin upon detection of damaged files with a view of their removal.
- The User may cease at any time at own discretion the use of the Services provided by deleting his/her registration on the EMPLOY Platform. In this case, his/her access to his/her User Account will be suspended. Also, the platform will pseudonymize any Content posted and delete any content uploaded or stored by the respective User on his/her Account.
Article 7: Rules regarding the use of the EMPLOY Platform by the EMPLOY Consortium
- Each Partner of the Consortium, as well as the Consortium as a whole, is/are responsible for maintaining and administrating the EMPLOY Platform.
- The Consortium does not have the obligation and the objective ability to control the way in which the Users use the provided Services. The Consortium has no obligation to monitor the information stored on its Servers or made accessible by the use of the Services, neither to seek facts or circumstances indicating illegal activity carried out by the User through the use of the Services.
- The Consortium does not guarantee that the information, accessible on the EMPLOY Platform, particularly on the EMPLOY Network Section, including the Content on it, is accurate, correct and errorless.
- Upon receipt of claims of third parties that the Content uploaded and/or accessible on the EMPLOY Platform violates their intellectual property rights, the Consortium shall be entitled at their sole discretion and without prior warning to suspend the access to such Content until the settlement of such dispute by an act of a competent authority. Upon receipt of an order from a competent state authority, concerning the Content, each Partner shall be entitled to suspend the access to the respective Content without prior warning and to carry out other actions pursuant to the received order.
- The Consortium is entitled without prior notice to deactivate the Password for access to the Admin Account of a particular person acting as an Admin on behalf of a Partner, in case that in Consortium’s opinion the Admin violates provisions of the applicable European and national legislation in force, these Terms and Conditions of Use or the rights and legitimate interests of third parties. In such cases the Consortium shall be entitled to cancel the registration of the particular person acting as Admin and the respective Partner shall have the right to access, manage, use or remove any Content posted, uploaded or stored by the respective Admin account by naming another person who will act on its behalf. The access of the Admin shall be deemed automatically terminated as of the date of cancelling his/her registration.
- The EMPLOY Consortium is entitled without prior notice to deactivate the Password for access to the User account of a particular person acting as User, in case that in Consortium’s opinion the User violates provisions of the applicable European and legislation in force, these Terms and Conditions of Use or the rights and legitimate interests of third parties. In such cases, the Consortium is entitled to cancel the registration of the particular person acting as User and the respective Admin can access, manage, use or remove any Content posted, uploaded or stored by the respective User account. The access of the User is to be deemed automatically terminated as of the date of cancelling his/her registration.
- Whenever the Consortium receives information, which gives grounds to assume that an User’s behaviour using the Services may constitute a crime or an administrative violation, the Consortium is entitled at its sole discretion to approach the competent state authorities and to provide them the necessary cooperation and all necessary information and material in compliance with the relevant procedure, which could be of help for identifying the perpetrator and proving the committed crime or an administrative violation.
- The Consortium retains the right to suspend the provision of particular Services, accessible through the Online Platform, after giving notice by publishing a communication on the EMPLOY Platform.
- The Consortium is entitled to place on each of the Web Pages of the EMPLOY Platform Links to Websites out of the Consortium’s control. In such case, the EMPLOY Consortium are not liable for the content, truthfulness and conformity with the law of such Websites and resources, neither for goods or resources, which have become known to the User in the process of use of the Services nor for the content, truthfulness and conformity with the law of the information in the opinions uploaded by them and other content.
Article 8: Intellectual Property
- In the use of the Services, the User has access to various contents and resources, which are subject to copyright of EMPLOY Consortium or third parties indicated respectively. The User shall have access to the content with a view to its use for personal needs in compliance with these Terms and Conditions of Use and shall not be entitled to use, record, store, reproduce, change, adapt, publicly distribute the content, which has become accessible to him/her during the use of the Services, except for the cases where he/she has been given the explicit consent of the respective right holders or has provided appropriate citation and reference.
- The User shall be obliged not to circumvent, conduct or otherwise obstruct the normal operation of technical or software applications installed on the EMPLOY Platform with a view to prevention or restriction of the use of the EMPLOY Platform content in violation of the present Terms and Conditions of Use, including limiting the ways of using or copying User Content.
- The intellectual property rights on all materials and resources on the EMPLOY Platform are subject to protection pursuant to the applicable law and are held by the EMPLOY Consortium or the respective holder of the IP right that has granted the right of use to the EMPLOY Consortium and may not be used in violation of the legislation in force.
Article 9: Liability
- The EMPLOY Consortium takes all due care that the information available on the Online Platform will always be correct but does not guarantee the thoroughness of the content and does not commit to any deadlines for updating the information. The EMPLOY Consortium takes due care to provide the Services for normal use to the User, but it is not obliged to and does not guarantee that the Services provided free of charge will satisfy the User’s expectations or that the Services will be uninterrupted and timely.
- By accepting the present Terms and Conditions of Use, the User declares that the use of the Services provided is entirely at his/her risk and liability, and the parties agree that the EMPLOY Consortium as a whole or each Partner individually, shall not be liable for any damages that might be incurred by the User in the course of the use of the Services, unless such damages are caused by the EMPLOY Consortium or by a Partner, intentionally or due to gross negligence.
- The EMPLOY Consortium itself and each Partner on its own, shall not be liable for any damages caused on the User’s software, hardware, devices and equipment, neither for any loss of data, arising from any materials or resources uploaded or used in any way through the medium of the Services provided.
- The EMPLOY Consortium and every Partner individually is not liable for non-provision of the Services due to any circumstances beyond their control – in cases of force majeure events, any problems in the global Internet and in the service provision beyond the control of the Consortium and its Partners, any problems due to the User’s equipment, as well as in case of unauthorised access or intervention by third parties in the operation of the Online Platform.
- By accepting the present Terms and Conditions of Use, the User declares that he/she realises the possibility of any interruptions and other kinds of problems in the provision of the Internet connection to the Online Platform that might arise irrespective of the EMPLOY Consortium’s due care.
- The Consortium itself and each Partner individually, shall not be liable for the availability, quality of the services or trustworthiness of the external information provided to the User by third parties and indicated in the EMPLOY Platform by means of any reference.
- The parties acknowledge that the EMPLOY Consortium shall not be liable for the non-provision of the Services or provision of Services with worsened quality as a result of tests performed under the Consortium’s order, for an examination of the equipment, connections, networks and others, for the purposes of improvement and optimisation of the Services provided. In such cases, the EMPLOY Consortium shall notify the User in advance of the expected temporary non-provision or provision with worsened quality of the Services by publishing a relevant announcement on the Online Platform or in any other appropriate manner.
- Neither the Consortium itself nor any Partner individually shall be liable for damages incurred, including loss of profit by the User or any third persons arising as a result of the termination, change or limitation of the Services or the termination of the contract due to violation by the User of these Terms and Conditions of Use or the legislation in force, or due to provision of information or execution of orders issued by competent authorities.
Article 10: Indemnifications
- Any Partner acting as Admin on behalf of the EMPLOY Consortium shall be obliged to compensate the Consortium for any and all damages incurred as a result of the use of the Services by third persons that have been provided by that Partner with his/her Passwords in violation of these Terms and Conditions of Use.
- The obligations of the parties under the present Section of the Terms and Conditions of Use shall remain in effect even after the termination of the contract with the User, including after the termination of the activity and existence of the EMPLOY Online Platform.
Article 11: Termination of the Registration. Termination of the Contract
- The user shall be entitled to permanently delete his/ her account on the Online Platform. Upon such a request the system will need one more confirmation from the user and then automatically proceed with the deletion.
- Besides the cases stipulated in the present Terms and Conditions of Use, the contract between the parties is terminated and user personal information erased when:
- The EMPLOY Platform is no longer active;
- In other cases, as provided by law.
Article 12: Amendments to the Terms and Conditions of Use
- As the Services provided on the EMPLOY Platform are various and constantly modified for the purposes of their improvement and with a view to legislative changes, the Terms and Conditions of Use may be unilaterally amended by the EMPLOY Consortium.
- In case of any amendments to the Terms and Conditions of Use, the Consortium will notify the User of such amendments by publishing them on the Online Platform and/or by publishing an announcement containing the texts of the amendments or a Link to a Web Page containing the amendments.