Terms and conditions for Candidates 1

Last update: 05.03.2021

1. DEFINED TERMS

Jobful – refers to any and all names that include “Jobful.io”, “website”, “platform”, “company”, “Jobful” and designates the company PLAYFUL SOFTWARE SRL along with the services offered through the recruitment website www.jobful.io (hereinafter referred to as "Jobful" or "Platform") created and managed by PLAYFUL SOFTWARE SRL, a limited liability company headquartered in Bucharest, 10 Glicinelor Street, registered at the Trade Register under no. J40/2950/2016, Tax Registration Code 35728130.

Employers – natural person / legal entity or any entity that creates an account for employers on the Website;

User – any natural person, also called a “player” or “candidate” who creates an Account on the Site in order to create an employee profile and participate in the tests and games on the Website;

Account – the section of the Website consisting of an e-mail address, password and username which allows the User to participate in tests and gamification games on the Website and which contains information about the User, such as the User’s history on the Website;

Website – the website accessible at the URL www.jobful.io, including its subdomains;

Services – any service to be provided by Jobful to the Users based on these Terms and Conditions;

Campaign – the act of displaying, for commercial purposes, a finite number of Services for a limited period of time set by Jobful;

Content – all the information on the Website that can be visited, viewed, or otherwise accessed using electronic equipment:

the content of any e-mail sent to the User by Jobful through electronic means and/or any other available means of communication;
any information communicated by any means by an employee/collaborator of Jobful, to the User, according to the contact information, specified or not;
information related to the Services or tariffs practiced by Jobful in a certain period;
information related to the Services and tariffs used by a third party with which Jobful has concluded partnership, collaboration or service contracts, in a certain period;
data relating to Jobful or other privileged data thereof;
data on news, tests and games available or under development by Jobful;

Profile – all the data related to the results of tests and games, as well as those completed by the User in their personal profile, to which the Employer could have access;

Newsletter – means of information, available periodically, exclusively electronic, respectively electronic mail, on the Services and / or promotions carried out by Jobful in a certain period, without any commitment on the part of Jobful with reference to the information contained therein;

Results/Skills assessment – the set of results obtained by the Users following the tests and games which will be displayed in the User’s Profile;

Games and tests – the set of items leading to the Skills Assessment of Candidates.

2. CONTRACTUAL DOCUMENTS

By registering an Account on the Website, the User agrees with the form of communication (telephone or e-mail) through which Jobful carries out its commercial operations.
When opening the User account on the Jobful platform, the User will confirm that he agrees with these Terms and Conditions. The User's agreement to the Terms and Conditions is required for providing the Services.
The contractual agreement is considered concluded between Jobful and the User at the time of receipt by the User from Jobful, by e-mail, of the notification confirming the opening of the account.

3. CREATING THE USER ACCOUNT

Access for the purpose of placing an Order is allowed to any User following the validation of the Account.
For justified reasons, Jobful reserves the right to restrict Users’ access to register the Account, place an Order and/or some of the accepted payment methods, if it considers that as a result of the conduct or activity of the User it may be harmed in any way. In such a situation, the User may contact Jobful in order to be informed of the reasons that led to the application of such measures by sending an e-mail to the address indicated in the "Contact" section of the Website.
For security reasons, Jobful reserves the right to ask Users to confirm the CAPTCHA validation, in order to protect the information and traffic on the Site.

4. ASSIGNMENT AND SUBCONTRACTING

Jobful may assign and/or subcontract to a third party for Services related to Games and tests through an embedded system within the Website.
In case of access to the Services of a third party, it will be solely responsible for fulfilling the obligations assumed towards the Users.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY LAW

The content, as defined in section 1 above, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and/or multimedia content presented on the Website, are the exclusive property of Jobful, to whom all rights obtained for this purpose are reserved directly or indirectly (through licenses for use and/or publication).
The User is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter use, link to, expose, include any Content in any context other than the original one intended by Jobful, the inclusion of any Content outside the Website, the removal of signs that signify Jobful's copyright over the Content, as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express wrote consent of Jobful.
The User may copy, transfer and/or use Content only for personal or non-commercial purposes, only if they do not conflict with the provisions of this regulation.
If Jobful grants the User the right to use in the form described in a separate user agreement, certain content, to which the User has or obtains access as a result of this agreement, this right extends only to that or those contents defined in the agreement, only during the period of its existence or these contents on the Website or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment from Jobful for that User or any other third party who has / obtains access to this transferred content, by any means and which could be or is harmed in any way as a result of this content, during or after the expiration of the user agreement.
No Content transmitted to the User, by any means of communication (electronic, telephone etc.) or acquired by him by accessing, visiting and / or viewing it constitutes a contractual obligation on the part of Jobful and / or the employee / agent of Jobful who mediated the transfer of Content, if any, to such Content.
Any use of the Content for purposes other than those expressly permitted by this Agreement or the accompanying user agreement, if any, is prohibited.

6. ORDERS AND PAYMENTS

The User can make Orders through the Website by which he purchases Services from the Platform on a subscription basis. "Order" means the firm request of a User, in the form of an electronic document, by which, through the Website, its intention to purchase the Services offered by Jobful on a subscription basis is transmitted to Jobful.
The subscription purchased on the basis of the order will be extended until termination. Jobful can offer a number of subscription plans, including special promotional plans. Some subscription plans may have different conditions and limitations, which are disclosed at the time of registration or through other messages that are addressed to the User.
In order to use the Jobful service, you must provide us with one or more Payment Methods. "Payment Method" means a current, valid and accepted payment method that may be updated from time to time and may include payment through your third party account. If you do not cancel the subscription before the billing date, you authorize us to charge the subscription fee for the next billing period through the selected Payment Method.
By completing the Order, the User agrees that all data provided by him is correct, complete and true at the date of placing the Order.
By completing the Order, the User agrees that Jobful may contact him, by any means available / agreed by Jobful, in any situation where it is necessary to contact him.
The Jobful subscription can start with a free trial period. The free trial period of the subscription will be specified during the registration process and is intended to allow Users to test the services offered by Jobful on an Order basis. Eligibility for the free trial period remains at the sole discretion of Jobful and the eligibility or duration of the probationary period may be limited to prevent its misuse.
At the end of the free trial period, Jobful will charge the subscription fee for the next billing period through the selected Payment Method, unless the User cancels the subscription before the expiration of the free trial period.
Jobful may cancel the Order placed by the User / Client, following a prior notification addressed to him, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other in the following case:

non-acceptance by the issuing bank of the User / Client card for the transaction;
invalidation of the transaction by the card processor approved by Jobful;
the data provided by the User / Client on the Website is incomplete and / or incorrect;
violation of any of the provisions of these Terms and Conditions.

Given that Jobful provides digital content that is not delivered on a material medium, the User confirms that he gives his express consent to the provision of services by placing an Order and understands that he will not have the right to withdraw from the contract. The User will be able to cancel his subscription to Jobful services at any time.
The User can cancel the Jobful subscription at any time and will continue to have access to the Platform until the end of the billing period. Payments are non-refundable and Jobful does not offer refunds or credits for subscription periods started. To cancel the subscription, the User will access the section related to the User Account in the Platform and will follow the cancellation instructions. The User Account will automatically close at the end of the current billing period.
The prices of the Services displayed within www.jobful.io include VAT according to the legislation in force.
The price, payment method and payment term are specified in each Order. Jobful will issue to the User / Client an invoice for the Services, their obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
Jobful will send to the Users the invoices related to the Order, exclusively in electronic format, by adding the invoices in the User's Account or by e-mail, to the e-mail address mentioned in their Account.
For a correct communication of invoices, the User has the obligations to update whenever necessary the data from his Account and to access the information and documents related to each Order, available in the Account.

7. CONFIDENTIALITY

Jobful will maintain the confidentiality of any information you provide. Disclosure of the information provided may be made only under the conditions set forth in these Terms and Conditions.
By submitting information or materials through this Website, you offer Jobful unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that Jobful may freely use, in its own interest, such information, ideas, concepts, know-how or techniques that you have sent to us through the Website. Jobful will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide other specifications in this regard.

8. PUBLICITY

Jobful newsletters are sent by Jobful. This ensures the confidentiality and security of information.
When the User creates an Account on the Website, he has the possibility to express his agreement regarding the receipt of Newsletters.
The User may change his option regarding the agreement issued to Jobful at any time:

by contacting Jobful in this regard;
by changing the settings in the User Account in the "My Account" section;
by accessing the unsubscribe link displayed in the commercial messages received from Jobful.

Waiver of receipt of Newsletters does not imply waiver of acceptance of these Terms and Conditions.

9. LIABILITY

By creating and using the Account, the User assumes responsibility for maintaining the confidentiality of Account data (user and password) and for managing access to the Account, and, to the extent permitted by the applicable law, is responsible for the activity carried out through his Account.
By creating the Account and/or using the Content, the User expressly and unequivocally accepts the Terms and Conditions of the Website in the latest updated version that is communicated within the Website, available at the date of creating the Account and/or using the Content and/or date of placing the Order.
After creating the Account, the use of the Content is equivalent to accepting the changes made to the Website Terms and Conditions and/or the updated versions of the Website Terms and Conditions.
The Terms and Conditions of the Site may be modified at any time by Jobful, being opposable to the User from the date of their posting on the Website. Acceptance of the Website Terms and Conditions is confirmed by checking the appropriate checkbox on the Website.

10. USERS’ OBLIGATIONS

Jobful has the right to modify, delete, close or suspend the accounts of the Users of the Website, without prior notice, without any compliance deadline and without other formalities, if the User does not comply with the following prohibitions and obligations:

To provide real, correct and complete information during the registration and updating of Account details;
Not to publish, transmit or display any material or information through which goods or services are promoted, regardless of their nature;
Not to publish any unsolicited commercial messages or spam;
Not to publish or transmit any kind of message which is offensive, threatening, indecent, discriminatory or which may violate the rights of other third parties;
Not to use applications, programs or commands made through code sequences, which may suspend, interrupt, alter or remove one or more of the functions of the Website, regardless;

Users declare that they will be solely responsible for the breach of these obligations and that they will cover any damage suffered by another user or third parties who could claim damages caused by these violations.

11. THE PROCESSING OF PERSONAL DATA

Jobful seeks to protect as much as possible the right to privacy and the image of the Website’s users. Jobful's intention is to provide a safe online experience that will not adversely affect your personal life. In this regard, Jobful makes every effort to ensure that the information you enter into our database is used exclusively for your intended purposes.
At the time of registration on the Website by creating an Account, by accessing it, Jobful will process personal information likely to identify a particular person in accordance with these Terms and Conditions and for the purpose stated in Jobful's Privacy Policy. You should read this policy to understand what personal data we collect and for what purposes we use it.

12. FORCE MAJEURE

Neither party shall be liable for non-performance of its contractual obligations if such failure to perform on time and / or properly, in whole or in part, is due to a force majeure event. Force majeure is an unpredictable event, beyond the control of the parties and which cannot be avoided.
If within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of the contractual relationship without any of them being able to claim damages from the other.

13. APPLICABLE LAW - JURISDICTION

These Terms and Conditions are governed by the laws of Romania.
If it is not possible to resolve disputes amicably, the User may bring claims before the competent courts in Bucharest, in which case the Romanian language version of the Terms and Conditions shall prevail.