APEX AV Limited Liability Company, hereinafter referred to as the Contractor, duly represented by General Director Korytnyuk Maryna, acting under the Charter, shall provide to any individual, hereinafter referred to as the Jobseeker, service on transferring СV for inclusion in the database at www.clarusapex.com through provision of various services of the Sites of the Contractor.
Registration on one of the Web-sites of the Contractor (Clause 1.1 of the Agreement) shall be the irrevocable acceptance of the term and conditions of this offer.
Acceptance of this offer (Agreement) on other terms and conditions other than those set forth in this offer or acceptance under a condition is prohibited.
1.Terms and Definitions
1.1. Web-site means content of the Internet page located on the Internet at the address of any of the domains operated by the Contractor, including clarusapex.com, which is used by the Jobseeker in compliance with this Agreement.
1.2. Jobseeker means the user of the Web-site who posted his/her CV (see below) in ClarusApex Database (see below) in order to find job.
1.3. ClarusApex Database means a set of CVs of Jobseekers located on the Internet at the domain address clarusapex.com.
1.4. Accounting Information of the Jobseeker means a unique user name (login) and password to access the protected pages of the Web-site. E-mail address specified by the Jobseeker at registration on the Web-site is used as the unique user name (login).
1.5. CV means a document containing personal data of the Jobseeker, including information on the surname and name, e-mail address, education, description of workplaces, and other data concerning job search.
1.6. Web-site Customer means any legal entity or individual registered on one of the Web-sites operated by the Contractor which received the unique login and password for access to the protected pages of the respective Web-site of the Contractor.
1.7. Anonymous Web-site User means any legal entity or individual not registered on any Web-site of the Contractor or registered on only one of them but using the available services of the Web-site (s) on which it is not registered at the moment of use of this Web-site.
2.Subject of the Agreement
The Contractor shall provide the Jobseeker with the possibility to post CV at the Web-site, to search vacancies published at the Web-site and to create responses to them.
In compliance with Law of Ukraine «On protection of personal data» the Jobseeker agrees the place its personal data in the form of CV necessary to effective employment and also gives consent (agrees) to the Contractor to performance of the following actions with all personal data set forth in the CV (and CV itself): collection, systematization, accumulation, storage, specification (updating or change), use, distribution, depersonalization, blocking, destruction and processing for the purposes of performance by the Contractor of its obligations hereunder, purpose set forth in Clause 2.3 hereof and for promotion of the services of the Contractor through establishment (including sending of messages) by the communication means using the contact information set forth in the CV
The purpose of placement of personal data of the Jobseeker is employment.
The term of placement of personal data in the form of CV (term of provision of consent as per Clause 2.2 hereof) is not limited and is determined independently by the owner of personal data (Jobseeker).
Nothing in this Agreement shall be construed as established between the Contractor and the Jobseeker of agency relations, partnership, joint venture, personal hire or any other relations not directly stipulated in this Agreement.
At the request of the Jobseeker, the Contractor may provide other services of the Web-site, in this case the conditions on the contents, procedure of provision of such services, price or other consideration shall be posted on the respective page of the Web-site.
When the Jobseeker gives response to this or that vacancy the potential employer of this vacancy may ask questions, results of answers to which shall be kept by this employer and shall not be communicated to the Jobseeker. At that, no questions of the employer and answers to them by the Jobseeker may be understood as the sole criteria of employment. Answers of the Jobseeker to the questions of the potential employer are confidential. All responsibility for the confidentiality treatment of the answers of the Jobseeker shall be borne by the respective potential employer.
For performance with the CV of actions specified in Clause 2.2. hereof, the Contractor shall not pay any fees and/or remunerations in favor of the Jobseeker.
The Jobseeker irrevocably agrees and acknowledges that the personal data posted by it on the Web-site in the form of CV will be available to the public. The Contractor shall not be responsible for their confidentiality and/or use by third parties.
For the purposes of performance of obligations hereunder and achievement of the objective of processing of the personal data of the Jobseeker (Clause 2.3 hereof), the Jobseeker gives his/her consent to the Contractor to distribution and transfer of the personal data of the Jobseeker provided by the Jobseeker in the form of CV to any third parties located at the territory of any foreign state (right of the Contractor to cross-border transfer of personal data of the Jobseeker to any third parties).
Placement by the Jobseeker of personal data on the Web-site in the form of CV may be carried out both directly by the Jobseeker through completion of a special form on the Web-site and automatically – through provision by the Jobseeker of consent to the Web-site (and other web-sites) to obtain the personal data by program means for making the CV from the other web-site (s) where the personal data of the Jobseeker are located as the publicly available personal data.
In case of automatic making of the CV (Clause 2.11), after the Web-site has made the draft CV by program means, the Jobseeker may either confirm placement of such CV at the Web-site or refuse to place it.
3. Obligations of the Contractor
The Contractor shall:
3.1.1. grant to the Jobseeker the possibility to create unlimited number of CVs and save them in the ClarusApex Database;
3.1.2. grant to the Web-site’s Customers and Anonymous Users access to no more than five CVs of the Jobseeker;
3.1.3. grant to the Jobseeker the possibility to manage access to his/her CV and set visibility of the CV at his/her own discretion;
3.1.4. grant the possibility to respond to the vacancies published on the Web-site, create supporting letters and receive massages by e-mail and SMS (in case of correct specification of the cell phone number) form the Web-site’s Customer which published the vacancies.
3.1.5. grant to the Jobseeker the possibility to delete the CV at any time at his/her own discretion.
3.2. The Contractor may at any time at its own discretion without explanations delete the CV or refuse to post it.
3.3. The Contractor may at any time and without prior notification send to the e-mail address specified by the Jobseeker at registration on the Web-site the information messages on the events in the Contractor's company, on the services of the Web-site and services of the Contractor and other information, including the advertisement.
3.4. The Contractor may publish the CV of the Jobseeker in any way, using any means and on any carriers, including by placement on the Web-site and/or inclusion into the ClarusApex Database, and the Contractor shall not pay any fees and/or remunerations to the Jobseeker.
3.5. The Contractor may, in any way and without any restrictions, derive profit from processing and publication of personal data (including by provision of access to them to third parties) of the Jobseeker posted by the Jobseeker on the Web-site (in ClarusApex Database) in the form of CV, and the Contractor shall not pay any fees and/or remunerations to the Jobseeker.
3.6. The Contractor may at any time impose requirements to the content of CV posted by the Jobseeker on the Web-site connected with specification, visual presentation and structuring of data, including meaning of acronyms and abbreviations in the CV.
3.7. In case of failure by the Jobseeker to meet the requirements of the Contractor imposed by the Contractor in compliance with Clause 3.6 hereof, the Contractor may refuse to post the CV of the Jobseeker in respect of which the Contractor has imposed any requirements.
4. Obligations of the Jobseeker
4.1. The Jobseeker shall not perform the following actions:
4.1.1. By any means through the Web-site, post, distribute, save, download and/or destroy the materials (information) in violation of the legislation of the Ukraine and international laws.
4.1.2. Post and/or transfer through the Web-site information in the form of text, image, sound or software code which may be illegal, advertising, threatening, offensive, defamatory, misleading, rude, obscene, harmful for other users of the Web-site, infringe their rights and legal interests.
4.1.3. Introduce the executable code on the user’s side (client’s scripts: java-script, visual basic-script, etc), any embedded objects (java-applets, flash, etc), use of frame and iframe, cascading style sheets which predefine the ones used on the Web-site and html code disturbing the original page design.
4.1.4. Present oneself as another person or on behalf of another person (individual or organization) – jobseeker registered at the Web-site, representative of employer’s organization, employee of the Contractor. Mislead users and administration of the Web-site in terms of identification in any other way.
4.1.5. Post unreliable information.
4.1.6. Place advertisements of any franchising or “pyramidal” schemes offering to “join the club”, to become a distributor, trade representative, “manager” or other employee of the company which business model is based on preliminary and/or periodic transfer of funds by the junior employees to the superior, providing for labor remuneration only in the form of percentage of sales and/or requiring attraction or recruitment of other agents, distributors, “managers”, “club members”, etc.
4.1.7. Post and/or transfer through the Web-site the materials if the Jobseeker has not such right. This provision applies to materials protected by copyright, trademarks, patents and non-disclosure, confidentiality agreements, etc.
4.1.8. Destroy and/or alter any materials on the Web-site if the Jobseeker is not an author.
4.1.9. Print or otherwise copy and use personal information, except for his/her CV.
4.1.10. Use information of the phone numbers, mailing addresses, e-mail addresses for the purposes other than the subject-matter of the Web-site (employment, recruitment, offer of positions and candidates, etc.).
4.1.11. Register using another person's e-mail address or the address which the Jobseeker has no right to use for such purposes.
4.1.12. Post vacancies of any employers, namely proposals on possible employment with any employers.
4.1.13. Post phone number(s) which the jobseeker has not right to use or the number belongs to legal entities.
4.2. By accepting this offer, the Jobseeker fully and irrevocable agrees to receive from the Contractor the information massages stipulated in Clause 3.3 hereof.
4.3. The Jobseeker shall regularly familiarize with the content of this Agreement for the purposes of timely familiarization with its changes.
4.4. The Jobseeker may at any time, at his/her own discretion, withdraw his/her consent to processing of the personal data (provided in the form of CV) by the Contractor, including by independent deletion of any specific or all his/her CVs posted on the Web-site. For this purpose, the respective technical possibility (interface) is provided to the Jobseeker on the Web-site.
5. Information Safety of the Web-site
Using the Web-site, the Jobseeker undertakes not to violate the information safety of the Web-site, including:
5.1. access to the data not designated for this Jobseeker or sign into the system using the login not belonging to this Jobseeker;
5.2. attempts to check the vulnerability of the security system of the Web-site, violation of the registration and authorization procedure without permission of the Contractor;
5.3. attempts to interfere with use of the Web-site by other users, including dissemination of computer viruses, data corruption, constant mailing of repeated information, transmission of e-mail messages through the server of the web-site, simultaneous sending of large number of e-mail letters and/or inquiries to the Web-site in order to make the server of the web-site inoperable and similar actions beyond the scope of normal use of the Web-site which may intentionally or unintentionally lead to its faulty operation;
5.4. sending to the users of the Web-site of the materials to which that did not give consent, spam, any letters and advertisement without permit of the Contractor;
5.5. imitation and/or falsification of any header of TCP/IP batch or any part of the header in any electronic letter or material posted on the Web-site;
5.6. use or attempts to use any software or procedure to navigate or search the Web-site, except for the built-in search engine of the Web-site and traditional and publicly available browsers (Microsoft Explorer, Mozilla Firefox, etc).
5.7. Violation by the Jobseeker of safety of the system or the computer network or attempts to violate it shall lead to civil and criminal liability. The Contractor shall investigate all cases of possible violation of safety or attempts to violate it on the part of all users of the Web-site in cooperation with the law-enforcement authorities in order to suppress such malicious activity.
6. Protected Sections of the Web-site and Passwords
6.1. Access to information located in the protected sections of the Web-site is allowed only for registered users who received password to access the protected sections of the Web-site. The password may not be transfer to other persons and the Jobseeker shall bear full liability for all losses caused to it, the Contractor or third parties resulting from intentional or unintentional transfer by the Jobseeker of the password to another person. The Jobseeker shall keep the password and any use of the We-site through its password confidential.
7. User Information
The Contractor does its best to avoid unauthorized use of personal data of the Jobseeker.
The Contractor shall not bear liability for possible unauthorized use of personal data of the Jobseekers resulting from:
- technical failures of the software, servers or computer networks beyond the control of the Contractor;
- interruptions in operation of the Web-site connected with intentional or unintentional unauthorized use of the Web-site by third parties described in “Information Safety of the Web-site” Section;
- transfer of passwords or any information, including the CV as a whole and its separate parts or data, from the Web-site by users to other persons not being the registered users of the Web-site or other users having not access to this information by virtue of conditions of registration and agreements concluded with the Contractor;
- violation of information safety of the Web-site;
- violation of conditions of the contracts for use of ClarusApex Database by the respective counterparties of the Contractor (Customers of the Web-site);
By using this Web-site, the Jobseeker agrees and acknowledges that the Contractor reserves the right to use his/her personal data, including those provided in the form of CV, anonymously and in the summarized form for statistical purposes and for targeting of advertisement posted on the Web-site.
The Contractor undertakes not to provide any personal data of the Jobseekers to individuals and legal entities declaring possible improper use of such information (sending of unauthorized advertisement, spam, provision of information to other persons, etc).
8. Financial Relations
The Contractor’s service provided as per Clause 2.1 hereof for the Jobseekers are provided FREE OF CHARGE.
Other services (except those specified in Clause 2.1 hereof) provided by the Contractor for payment shall be governed by the respective offer (s) or other contracts and attachments to them published on the Web-site..
The Contractor is not a representative of the Jobseekers who publish their CVs on the Web-site nor of the Web-site’s Customers placing vacancies, so it may not bear liability for any obligations (including financial) arising between them. Any agreements between the jobseekers and the Web-site’s Customers are bilateral and the Contractor has nothing to do with them.
9. Use of Web-site Materials
Each user of the Web-site, Jobseeker or representative of the Web-site’s Customer, bears liability for the information posted on its behalf and for the consequences of this posting.
The Web-site is just a means to transfer information and shall in no event bear liability for its reliability and relevance.
The Contractor does its best to exclude for the Web-site any dishonest, inaccurate or misleading information, but overall liability for it is borne by the persons who posted it.
In case of reprinting and other use of materials of the Web-site, not being the CVs of the Jobseekers, descriptions of the companies or vacancies and the logo, design elements, appearance and structure of the Web-site, link reference to the Web-site is mandatory.
It is prohibited to use the CVs of the Jobseekers, descriptions of the companies or vacancies for the purposes other than those corresponding to the subject-matter of the Web-site (search for job, employees, obtain information on the labor market).
If the Web-site's Customer saves the CVs of the Jobseekers in its own database outside the Web-site, the Web-site's Customer shall bear liability under Law of Ukraine “On protection of personal data” as the operator of personal data.
It is prohibited to use software means (scripts, robots) to read or collect information (data) from the Web-site.
Logo, name, elements of design, decoration and general appearance of the Web-site are the intellectual property of the Contractor and their use without direct obvious consent of the Contractor is prohibited.
As identification of users of the Web-sites is difficult for technical reasons, the Contractor does not warrant that the registered users are in fact the persons they claim to be and it shall not bear liability for possible losses caused to the Jobseekers or other persons for this reason.
By using the information from the Web-site, the Jobseeker understands and accepts the risks connected with possible unreliability of information posted on the Web-site and that some information may seem threatening, offensive, defamatory, misleading, rude, obscene to it. In this case, the Jobseeker shall immediately terminate use of the Web-site and inform the Contractor on availability of such information.
The Contractor does not warrant that posted CVs will be viewed by certain number of Web-site’s Customer or at least by one of them.
The Contractor does not warrant that the software, servers and computer networks used by the Web-site are free from errors and computer viruses. If the use of the Web-site resulted in loss of data or damage to the equipment, the Contractor shall not bear any liability.
10. Applicable Law and Dispute Settlement
10.1. This Agreement and relations between the Jobseeker and the Contractor, including those not covered by this Agreement, shall be governed by the current legislation of the Ukraine.
10.2. In case of impossibility to settle the disputes between the Parties through negotiations, they shall be settled in court at the place of state registration of the Contractor in the order established by the current procedural legislation of the Ukraine.
11. Validity of the Agreement, Amendments
11.1. This Agreement shall be valid from the moment of its acceptance by the Jobseeker.
11.2. The Contractor may, at any time at its own discretion and without prior agreement with the Jobseeker, introduce amendments into this Agreement. In this case, amendments and supplements shall come into force from the moment of their publication on the Web-site.
11.3. Use by the Jobseeker of the Web-site (and exercise by the Jobseeker of rights and obligations stipulated by this Agreement) after any amendments to this Agreement shall mean consent of the Jobseeker to such amendments and/or supplements.
11.4. If the Jobseeker does not agree to use the Web-site after introduction of amendments into this Agreement by the Contractor and/or to comply with this Agreement after the amendments, the Jobseeker shall stop using the Web-site and may terminate this Agreement by sending the respective notice to the Contractor.
General Director of LLC «APEX AV» Korytnyuk M.A.
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