Regulations

REGULATIONS FOR USING THE JOBS.ESN.PL PLATFORM

I. GENERAL PROVISIONS

1. These Regulations define:
a. The rights and obligations of the Service Provider, the Service Recipient and the User resulting from the use of the Website,
b. Types and scope of services provided electronically,
c. Conditions for the provision of electronic services,
d. Conditions for concluding and terminating contracts for the provision of electronic services,
e. The complaint procedure.
2. Whenever the following terms are used in these Regulations, they have the following meaning:
a. Service Provider - The ESN Poland Association with its seat in Warsaw, al. Reymonta 12a 01-842 Warsaw, entered into the register of entrepreneurs of the National Court Register under KRS number: 0000246363, for which the registration files are kept by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register, NIP: 521-337-63-70, REGON: 140421760,
b. Website – an internet service located at the internet address: www.jobs.esn.pl,
c. User – a person using the content posted on the Website, i.e. presented job offers,
d. Advertiser or Service Recipient - a person using paid services, i.e. posting job offers on the Website,
e. Services – any services provided electronically by the Service Provider to Users and Advertisers.
3. The Website presents job offers directly from Advertisers on dedicated subpages.
4. The Service Provider provides Services in accordance with the Regulations.
5. The User and the Advertiser are obliged to comply with the provisions of the Regulations.

II. TERMS AND CONDITIONS OF PROVIDING SERVICES BY THE SERVICE
PROVIDER

1. The Service Provider provides services electronically using the Website.
2. Services include:
a. Free service of using the content of the Website - the possibility for each User to use the content posted on the Website, i.e. presented job offers and advertisements published on the Website, for their own personal use. Any other use of this content is unacceptable,
b. A paid service of publishing job offers on the Website, according to the content sent by the Advertiser.
3. The Website does not deal with job placement or consultancy for entities looking for employees. The Website publishes job offers sent and paid for by Advertisers.
4. The technical requirements necessary to work with the ICT system used by the User or Advertiser are as follows:
a. Internet connection,
b. Internet browser that can display HTML documents on a computer screen. The browser should accept cookies.
5. In the case of Services available via mobile devices, the condition for their provision is the possession of the appropriate type of mobile device and the correct installation of the mobile application in the memory of this device or the correct installation of the web browser.
6. The Advertiser is solely responsible for the content of the Job Offer. The Service Provider is not responsible for the content of advertisements posted on the offer Website.
7. Job offers offers will be published on the Website after a completion of the form by the User provided in the payment instruction, in the “ADD YOUR OFFER” tab on the Website, and making a transfer in accordance with the selected service package.
8. Properly formulated and paid offers will be listed within 24h from the date of receiving the transfer for the period of time indicated and paid by the Advertiser.

III. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER, USER AND SERVICE RECIPIENT

1. The Service Provider undertakes to provide the Services on a permanent and uninterrupted basis.
2. The service provider reserves the right to:
a. Temporary cessation of the provision of Services due to maintenance or modification of the Website,
b. Refusal to provide the Services if the User or the Advertiser violates the provisions of these Regulations,
c. Any modification of the provided Services, tools and the way the Website works by changing the Regulations.
3. The User and the Advertiser using the Services are obliged to refrain from:
a. Providing false or outdated information and personal data,
b. Publication or transmission of content that is offensive, illegal or violates the personal rights of third parties protected by law,
c. Use the Services to publish advertisements for goods and services and any commercial information,
d. Taking any actions that may hinder or disrupt the functioning of the Website and using the Website in a way that is burdensome for the Service Provider or other Users,
e. Using the Services in a manner contrary to the law, decency, violating personal rights of third parties or the legitimate interests of the Service Provider.
4. The User and the Service Recipient are obliged to immediately notify the Service Provider of known violations of the Regulations and of the unlawful nature of data, information or actions taken through the Website. After receiving such notification, the Service Provider will take actions provided for by law, including immediately preventing access to specific data, information or activities.

IV. RESPONSIBILITY

1. The Service Provider, the User and the Advertiser are obliged to repair the damage suffered by the other party as a result of non-performance or improper performance of their obligations under the Regulations, unless their non-performance or improper performance was a consequence of circumstances for which they are not responsible, in particular as a result of actions force majeure.
2. The service provider who has received an official notification or a reliable message about the unlawful nature of the data used by the User and the Service Recipient as part of using the Website and has prevented access to such data or information, shall not be liable for the resulting damage.
3. The service provider is also not responsible for:
a. Any damage caused to third parties resulting from the use of the Website by the User and the Service Recipient in a manner inconsistent with the Regulations or the law,
b. Content provided by the Service Recipient as a result of using the Website, which content violates the law or the rights of third parties protected by law,
c. Information and materials downloaded, posted on the Website by the Service User,
d. Loss of data by the User and the Service Recipient caused by external factors (e.g. equipment failure) or other circumstances beyond the Service Provider's control (third party actions), including those caused by the User and the Service Recipient,
e. Damages resulting from the lack of continuity of providing the Services, resulting from circumstances for which the Service Provider is not responsible (force majeure, acts and omissions of third parties, etc.),
f. Providing by the User and the Client false, outdated or incomplete data or information.

V. PERSONAL DATA PROTECTION

1. Each User and Advertiser have the right to protect their privacy by the Service Provider.
2. Personal data of the Users is administered by the Advertiser that is to inform about it in the job advertisement.
3. Notwithstanding the Article 2, the joint data controller is the Service Provider that is to inform the Users about it.

VI. COMPLAINT PROCEDURE

1. The Service Recipient has the right to file complaints in matters related to the provision of the Services.
2. Complaints are considered by the Service Provider.
3. A correctly submitted complaint should contain at least the following data:
a. Designation of the Service Recipient (name, surname, e-mail address),
b. Subject of the complaint,
c. Circumstances justifying the complaint.
4. Complaints that do not contain the above data will not be considered by the Service Provider.
5. The complaint (with the note "Complaint") should be submitted to the e-mail address:
help.jobs@esn.pl.
6. The Service Provider will make every effort to ensure that complaints are considered within 14 days of their receipt at the latest. The Service Provider will inform about its decision made as a result of considering the complaint via e-mail to the address provided in the complaint in accordance with paragraph 3 points a above.
7. A complaint considered in accordance with the provisions of the Regulations is not subject to further or re-examination.

VII. CHANGES OF THE REGULATIONS

1. The regulations are valid indefinitely.
2. The Service Provider reserves the right to amend the Regulations for important reasons indicated below:
a. If the amendment to the Regulations is necessary due to the change in the provisions of generally applicable law,
b. Fulfillment of the obligation resulting from a legally valid court decision or decision of administrative bodies,
c. Changes resulting from security reasons, including those aimed at preventing the use of the Website in a manner contrary to the law or the Regulations,
d. Introducing significant changes in the functioning of the Website and any of the Services, including those related to technical or technological progress, including changes in the Service Provider's systems.
3. Information about the amendment to the Regulations will be sent via e-mail to the address provided by the Advertiser or by providing clear and explicit information on the Website pages, in both cases, at least 14 days in advance.
4. If the Advertiser does not accept the changes introduced in the Regulations, he has the right to withdraw from the Agreement free of charge.

VIII. FINAL PROVISIONS

1. The Regulations and contracts for the provision of Services are governed by Polish law.
2. Any disputes related to the provision of Services in accordance with the Regulations will be settled by the Polish common court competent for the seat of the Service Provider.
3. In matters not covered by the Regulations, the provisions of the Act on the provision of electronic services, the Civil Code and other mandatory provisions of law shall apply.