Last Updated: 28.01.2019
These Terms of Use (the “Terms”) set forth the terms and conditions that govern access to, and use of the website www.startup-matchmaking.ro (the “Site”). The Site is a recruitment platform which is a venue for (i) the startups seeking candidates for employment and for (ii) the individuals seeking employment.
These Terms are a legal agreement between you, as an employer (company, or representative of a company) or a job seeker (“you”, “your”, or “user”) and TechHub Bucharest S.R.L., a company incorporated under the Romanian law, having its headquarters at 39-41 Nicolae Filipescu Street, 1st Floor, District 2, Bucharest, Romania, Tax Code RO 31245426, registered with the Trade Registry under no. J40/2017/2013 ("TechHub Bucharest", “we” "us"). Before you use the Site, you will need to agree to these Terms. We are only willing to make the Site available to you if you accept all of these Terms. Otherwise, you may not access or use the Site. The use of the Site represents your confirmation that you understand and agree to all of these Terms. In case you use the Site on behalf of a company, you represent that you have the legal authority to accept these Terms on behalf of the respective company. In such a case, when using “you” in these Terms, we will refer to the respective company.
We reserve the right to change the Terms at any time and in our sole discretion. If we make changes to these Terms, we will make the updated Terms available on the Site and update the “Last Updated” date found at the top of these Terms. Please verify these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the Site after the Terms have been updated will constitute your binding acceptance of the updates.
The Site acts as a recruitment platform for (i) employers accessing the Site to post a job opportunity or utilizing the Site for any reason related to the purpose of seeking candidates for employment (“Employers”), and (ii) candidates accessing the Site to search for and apply for job opportunities (“Job Seekers”).
In order to use the Site as an Employer, you have to be a legal entity that (i) is a member of TechHub Bucharest (i.e., a legal entity which concluded a membership agreement with TechHub Bucharest) and that (ii) is developing a tech product (e.g., a software application).
In order to use the Site as an Employer and have access to all the features, you need to have (i) a user account of a representative of the Employer (“UserAccount”) and (ii) a Company Profile (“Company Profile”).
The User Account and the Company Profile can be created only by TechHub Bucharest.
For creating the User Account, we need your name and your email. You have to provide accurate, current and complete User Account information about yourself.
After the User Account is created, we will send you a temporary password in order to access the User Account. Immediately, you will be required to change the password.
When using the User Account, you need to take the following safeguards: (i) choose a strong password; (ii) maintain and promptly update as necessary the User Account information (iii) protect your User Account credentials and access to your Account.
If you become aware of any unauthorized use of your password, credentials or of your User Account, you need to notify us immediately.
You acknowledge and agree that you are responsible for all activities occurring under your User Account and accept all risks of any authorized or unauthorized access to your User Account, to the maximum extent permitted by law.
In addition to the User Account, TechHub Bucharest will create the Company Profile mentioning all the necessary information about the Employer, namely: company name, website, email (where the Job Application will be sent), logo, company size and type. When creating the Company Profile, you have to provide accurate information about the Employer.
After the Company Profile is completed, it will be associated to the User Account.
Any Employer having the User Account and the Company Profile created have the possibility to post jobs on our Site (“Posted Job”). Employers are solely responsible for their postings on the Site.
A Posted Job may not contain:
You may not use the Site to:
TechHub Bucharest reserves the right to remove any Posted Job or content from the Site, which does not comply with the Terms, or if any content is posted that TechHub Bucharest believes is not in its best interest.
The Job Seekers can use the Site and apply for a job, by filing in the job application (“Job Application”).
In order to apply for a job, the Job Seekers must be at least 16 years of age or older. The access and the usage of Site by individuals under 16 years of age is prohibited.
Any Job Application must be accurate and describe you, as an individual person. The Job Seekers are solely responsible for the form, content and accuracy of any resume or material uploaded when applying for a job posted on our Site.
TechHub Bucharest is not to be considered an Employer with respect to your use of the Site and shall not be responsible for any employment decisions, for whatever reason, made by any Employer posting jobs on the Site.
Currently, we will not charge any fee for providing you the services through our Site. However, we reserve the right to charge a fee from the Employers in the future versions of the Site and when will do so, we will appropriately inform you and enter into a new contract with you.
The use of Site is free of charge for the Job Seekers.
Unless otherwise indicated by us, all elements of the Site, all content and other materials therein are owned by us (or, as applicable, our licensors) and are protected by intellectual property rights. For the avoidance of doubt, the visual interfaces, design, text, graphics, pictures, systems, information, data, methods, software, computer code, organization, services, all other elements and any other documentation or other ancillary material provided to you (the “Content”) are owned by us or by our licensors and are protected by copyright, patents, trademarks, design, trade secrets, any other intellectual property rights and applicable law.
You can use the Site and the Content solely for the purpose of posting jobs or applying for the said jobs. However, you are not permitted to:
Any use of the Site, or the Content other than as specifically authorized herein, without the prior written permission of TechHub Bucharest, is strictly prohibited. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws. Unless explicitly stated by TechHub Bucharest, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise.
You are solely responsible for all content you create, transmit and/or distribute through the Site (“User Content”). With that in mind, you agree not to create, transmit and/or distribute through the Site any User Content that:
You are solely responsible for your own conduct while accessing or using the Site. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. You agree that you will not and will not permit any third party to do, including but not limited to, any of the following:
You agree, at your sole expense, to defend, indemnify and hold us, our officers, agents, employees, advertisers, licensors, suppliers or partners harmless from and against any claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses of any kind or nature, including litigation costs, and legal fees arising out of or in any way related to (i) your use of the Site; (ii) your violation of these Terms or the rights of any third-party; or (iii) your breach of applicable laws in connection with your conduct, access to or use of the Site.
You expressly acknowledge and agree that your use of the Site is at your sole risk and that the entire risk as to satisfactory quality, performance, safety, accuracy and effort is with you. The Site is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we disclaim any and all warranties and representations (express or implied, written or oral) in relation to, without limitation, the Site or external websites or applications, including but not limited to any implied warranties of merchantability, implied warranties of fitness or suitability for any purpose and warranties of non-infringement, condition of title, accuracy, reliability. We do not warrant and/or represent that the Site will meet accuracy and your requirements, that the use of the Site will be uninterrupted, secure or error-free, or that the Site is free of harmful components, such as viruses.
TechHub Bucharest is not involved in, and does not control, the actual transaction between Employers and Job Seekers. As a result, TechHub Bucharest is not responsible for (i) the quality, safety, legality, truth or accuracy of the Posted Jobs, Job Applications or User Content, (ii) the ability of Employers to offer job opportunities to Job Seekers or (iii) the ability of Job Seekers to fill job openings. TechHub Bucharest makes no representations about any Posted Jobs, Job Applications or User Content on the Site. While TechHub Bucharest reserves the right in its sole discretion to remove User Content, Posted Jobs or other material from the Site from time to time, TechHub Bucharest does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
You acknowledge and agree that to the maximum extent permitted under applicable law, in no event will TechHub Bucharest be liable to you or to any other third party for any incidental, indirect, special, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, arising out of or related to the Site, regardless of the theory of liability (contract, warranty, tort, strict liability, product liability or other theory) and even if we have been advised of the possibility of such damages.
You understand and agree that we will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including but not limited to, acts or omissions of third parties, earthquake, fire, flood, governmental action, acts of terrorism, labor conditions, power failures, Internet disturbances or server failures.
You acknowledge that the Site is Internet-based and you understand and accept the inherent security risks associated with such Sites, including but not limited to, the risk of losing the Internet connections, the risk of malicious software, the risk of hardware or software failure and the risk of unauthorized access by third parties to your Account. Thus, you agree that we have no liability for any malfunctions, communication failures, delays, errors, or any breach of security you might incur.
The Site may contain hyperlinks to third party website or resources. These links to third party pages are provided for convenience only. In any event, especially because of the volatile nature of information on the Internet, TechHub Bucharest cannot control the nature or content of these external sources and therefore is not responsible and or liable for the use, the unavailability of third party Sites nor their content and advertising or other materials available on such third party websites that you might access via our Site.
We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion or feature of our Site.
In no event will TechHub Bucharest be liable for the removal of or disabling of access to any portion or feature of the Site.
We may suspend or terminate your access to the Site in our sole discretion, immediately and without prior notice, and delete or deactivate your User Account and Company Profile.
TechHub Bucharest may assign these Terms and/or any and all of its rights or delegate any and all of its obligations under these Terms without your consent. All provisions contained in these Terms shall extend to and be binding upon you and TechHub Bucharest’s successors and assigns. You may not assign these Terms or any of your rights and/or obligations under these Terms to another person or entity.
Please refer to our Privacy Policy for information on how we collect, use, store and disclose your personal data.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Enforcement of these Terms is solely in our discretion and our failure to enforce any of the provisions in some instances does not constitute a waiver of our right to enforce such provisions in other instances.
The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
These Terms will be governed by and construed in accordance with the laws of Romania. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Bucharest, Romania, and the parties irrevocably consent to the personal jurisdiction and venue there.
By accepting these Terms, you expressly consent and agree to the provisions regarding limitations of liability (clauses: 2, 3, 6, 7, 8, 9, 10, 11), choice of law and jurisdiction (clause 19), unilateral termination (clauses 12 and 13) and suspension of performance (clauses 12 and 13).
