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Terms and Conditions for Clients

Updated and effective as of 31st of August 2022

medvocation (hereinafter referred to as the “medvocation” or “MV”) is a healthcare recruitment marketplace using innovative job matching technology. Our aim is to provide Clients with a Website for seeking highly qualified employees.

You should read the medvocation’s Terms and Conditions for Clients carefully. Each time you access or use our Website or Services you will be deemed to have accepted these Terms and Conditions (hereinafter referred to as the “Terms”).

You agree to be bound by (i) the Terms, and (ii) our Privacy Policy. If you do not accept and agree to be bound by all of the above mentioned rules, please do not use our Website and/or Services.

1. Definitions

The Terms together with our Privacy Policy comprise the “‘Terms of Use”. The Terms of Use are a framework agreement concluded between you and medvocation. The Terms of Use shall apply to any and each separate agreement conditions (hereinafter referred to as the “Agreement Conditions“) agreed between you and medvocation. Unless otherwise agreed, in case of discrepancies between the Terms of Use and Agreement Conditions, the provisions of the Terms of Use shall prevail.

The following words and expressions have the following meanings unless inconsistent with the context:

“Account” or “Client Account” refers to an account set up on the Website by the Client, enabling the use of the Services depending on the Subscription Plan chosen.

“Application” refers to an application made by a Job Seeker and received by you, as a Client via the Website. Applications are qualified according to the criteria defined by the Client, specific to each job posted. Applications received and accepted by the Client do not contain complete Job Seeker Data. You may receive all Job Seeker Data, subject to the use of Your Credits.

“Branding Plan” refers to the set of Services designed to create and promote your company's brand through the Website. Access to and scope of the Services depends on the type of Branding Plan chosen (Bronze, Silver, Gold, Platinum, Custom).

“Client” refers to a business entity or sole proprietor in the healthcare sector, using the Services offered within the Website; references to "you" or "your" being construed accordingly.

“Company” refers to Medvocation Limited, a company organised and existing under the laws of Ireland, registered with the Irish Companies Registration Office under Company Number 638818, having its seat and registered address in the Black Church, St. Mary's Place, D07 P4AX Dublin.

“Client Content” refers to any content used or created by the Client in connection with the use of the Services through the Website (e.g. Job Offers or Client Page), including content subject to intellectual property rights (e.g. trademarks or service marks, logos, photographic works, text, graphics).

“Client Page” refers to a dedicated Client page, available on the Website, containing all content about the Client.

“Credits” refers to the virtual credits that can be used on the Website at the Client’s discretion at any time to unlock all Job Seeker Data. The Client may obtain Credits by means of a payment of monetary value to the Company.

“Job Offer” refers to a job offer posted by the Client on the Website.

“Job Seeker” refers to a job seeker in the healthcare sector submitting Applications received by the Clients via the Website. We provide services to Job Seekers under Terms and Conditions for Job Seekers.

“Job Seeker Data” refers to basic information about the Job Seeker, their skills, qualifications and professional experience. Job Seeker Data includes Personal Data.

“Job Seeker Profile” refers to an individual Job Seeker profile containing Job Seeker Data.

“Key Skills” refers to the key skills and competencies you require to fulfil a specific role in your company.

“medvocation” or “MV” refers to the Company (Medvocation Limited); references to “we”, “our” or “us” being construed accordingly.

“MV Content” refers to all materials (including designs, text, graphics, logos, images and related content), databases, software, presentations, layout or functionality available on the Website or created in connection with the provision of the Website and Services. All MV Content is the property of MV or its licensors.

“Personal Data” refers to any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Recruitment Plan” refers to the set of Services designed to carry out the recruitment process. Access and the scope of the Services depends on the type of Recruitment Plan chosen (Bronze, Silver, Gold, Platinum, Custom).

“Services” refers to all functionalities of the Website provided to the Client. Services may vary depending on the Subscription Plan chosen.

"Subscription Period" refers to the billing period for the Subscription Plan of your choice. In each Subscription Plan, you may choose a monthly or annual billing period.

“Subscription Plan” refers to all of the plans to which you may subscribe. Your Subscription Plan consists of a selected Recruitment Plan and a Branding Plan. The list of available Subscription Plans is provided on our Website.

“User” refers to the authorised representative of the Client, who acts on its behalf, in particular uses the Website and Services through the User Account. Any obligations imposed on the Client apply accordingly to the User.

“User Account” refers to an account created by the User, associated with the Client Account (main account). The User may not use Services until the User Account has been accepted by the Client. The number of User Accounts available to you depends on the Subscription Plan selected.

“Website” refers to the Company’s website available at https://medvocation.com, which is administered by the Company.

2. General rules of Website

When you access our Website and set up the Client Account and the User Account available through the Website and use the Services, you enter into a legally binding agreement with us based on these Terms of Use and any other documents referred to herein (“Agreement”). You represent and warrant that you have full power and authority to enter into the Agreement.

Concluding the Agreement implies that you have read and accepted the Terms of Use.

2.1. Scope of Services

These Terms set out the rules for the use of the Website and Services provided through the Website. We make available the following Services:

  1. a Client Account and a User Account through which you or a User can access the Website and Services;
  2. Services that allow you to create a profile of your business (Client Page), display and promote it through the Website;
  3. Services that allow you to post dedicated Job Offers;
  4. Services enabling the matching of the Job Seeker Profile with Job Offers;
  5. Services that allow you to receive Applications, including getting Job Seeker Data;
  6. Services that allow you to interact with Job Seekers;
  7. Services for browsing and filtering Job Seekers, Job Offers or other Clients;
  8. Services that allow you to upload, post, publish, view, browse or filter content (including content on our Blog).

We reserve the right to make changes to the Services, as described in these Terms.

Services may vary depending on the Subscription Plan selected. The list of available Subscription Plans is provided on our Website.

2.2. Technical requirements

The use of the Website and Services is possible given that the following minimum technical requirements are met:

  • an Internet-enabled end device with up-to-date software;
  • a web browser in the most up-to-date version available;
  • enabling the storage of cookies and Javascript in your web browser.

You are solely responsible for ensuring technical compatibility between the computing equipment or any other device and telecommunications system you use and the Website. We are not responsible if you or User use the Website or Services using a device that does not meet the requirements described above.

MV is also not responsible for the fees charged for the use of the data transmission necessary to use the Website and Services.

We may vary the above specification from time to time without notice.

2.3. Interruptions and Omissions

We make our best efforts to ensure that the Website works properly.

Whilst MV tries to ensure that the standard of the Website remains high and to maintain the continuity of it, the Internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from such errors, omissions, interruptions or delays, in particular where they are caused by third parties, nor any ongoing obligation or responsibility to operate the Website (or any part thereof) or to provide the Services offered through the Website.

2.4. medvocation’s rights

MV, being an intermediary service provider (hosting provider), is not involved in and does not control any content that is made available on the Service by Clients or Job Seekers or the relationship between Clients and Job Seekers. As a result, MV is not responsible for such content, the truth, quality, safety legality or accuracy of the Job Seeker Profiles, Applications and Job Offers, the ability of Clients to offer job opportunities to Job Seekers or the Job Seekers’ ability to properly perform the tasks covered by the Job Offer.

We have no obligation to monitor or moderate any user's activity or use of our Website and Services.

However, If MV reasonably believes that the content available on the Platform is unlawful or contains false or misleading information, we retain the right to take any action to cease violations. In particular, MV reserves the right to remove the Client’s or Job Seeker’s content or terminate the Service if, in our sole discretion, it may violate the rights of third parties, our Terms of Use, or applicable law.

In addition to the rights set out further in these Terms, MV also reserves rights to:

  1. send technical notification concerning the operation of the Website or legal messages concerning the Services;
  2. modify the Website, in particular the scope and type of our Services;
  3. introduce periodic technical interruptions necessary for the upgrading, modernisation, maintenance and development of the Website;
  4. in cases affecting the security or sustainability of the Website, to temporarily discontinue or limit the provision of the Services;
  5. delete Client or User Account and all of Client Content after a significant duration of inactivity.

3. Client’s obligations and declarations

3.1. Compliance

You may use the Website and Services if you are of legal age (at least 18 years of age unless otherwise specified in your jurisdiction) and you are legal owner or authorised representative of a Client (healthcare provider or professional recruiter). By signing up for an Account, you are declaring your compliance with the above requirements.

You are responsible for ensuring that all information provided by you in connection with your use of the Website and Services is true, accurate, up-to-date and not misleading.

We do not accept any liability arising from any inaccuracies or omissions in any information contained on our Website or any liability in respect of any content available on the Website provided on your behalf.

3.2. Client Account

The Client must have an active Account, and selected and prepaid Subscription Plan to use the Services.

You are solely responsible for the information you provide to create the Account, the security of your passwords, and for any use of your Account. You may not share your password or other Account access information with any other third party, temporarily or permanently, and you shall be responsible for all uses of your Account, whether or not authorised by you. MV will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.

You ensure that you will use diligent efforts to prevent or terminate any unauthorised use of or access to the Account; you will promptly notify MV of any unauthorised use of or access to your Account or password of which you become aware.

You also understand and acknowledge that if you terminate your Account or deactivate User Account, all information or content associated with these accounts (e.g. Job Offers, Client Page, blog articles) will be disabled. To the extent and for the period of time permitted by law and necessary to protect MV's legitimate interests, we retain the right to store information or content related to your activity on the Website.

3.3. User Account

By accepting a User Account, you acknowledge that the User is your employee, representative, agent or other entity legally authorised to act on your behalf.

By accepting a User Account, you agree to be responsible for:

  1. ensuring that User use of the Website and Services comply with the Terms of Use and applicable law;
  2. all actions taken by a User on the Website, in particular but not limited to posting Job Offers, purchasing and/or using Credits;
  3. all information provided by the User.

3.4. Rule of Use

MV will provide the Website and Services in accordance with the Terms of Use.

The Website and Services may only be used by business entities, operating in the healthcare industry (healthcare provider or professional recruiter) for recruitment purposes and/or to seek or access healthcare industry knowledge or by Job Seekers who seek employment in the healthcare industry, in accordance with the Terms.

You ensure that you and your Users' use of the Website and Services will comply with applicable laws and the provisions of the Terms of Use, in particular you agree that you and a User:

  1. will not post, upload to, share or provide through the Website any content that is prohibited by law, such as:
    1. false or misleading content,
    2. content that promotes violence, criminal behaviours or infringe principles of community life,
    3. content of a sexual or abusive nature,
    4. content that depicts dangerous or unlawful activities, illegal products or services,
    5. content that is defamatory or infringes the personal rights and other rights of third parties, in particular intellectual property rights;
  2. will use Services in accordance with its purpose and objectives, in a manner which does not interfere with its functioning, in particular through the use of specific software or devices;
  3. will use the Website in a manner which is not disruptive to other users of the Website or the Website’s infrastructure;
  4. will not under any circumstances seek to undermine the security of the Website or any information submitted to or available through it.

4. Registration and Account Activation

4.1. Client Account registration

  1. provide a company email address;
    The email address must be registered within a company domain. MV reserves the right to refuse to create the Client Account if the company email address uses a generic email domain such as Gmail, Yahoo, AOL, etc.;
  2. provide a phone number;
  3. complete and confirm the password;
  4. click the "Register" button.

Both the company email address and phone number will be verified. In order to ensure security, we send the verification email and separately, a code in an SMS message to the number indicated by you in the registration form.

Completion of the registration is required upon making a declaration that the Client has read and accepts the Terms and Privacy Policy. The declaration is made by ticking the appropriate checkbox.

When you click on the "Register" button, a Client Account will be created. The Client Account service is provided free of charge and for an indefinite period of time.

In order to complete the registration process, you will then need to provide the following details:

  1. company name;
  2. country;
  3. website;
  4. name and surname;
  5. email address;
  6. job title;
  7. your selected Recruitment and Branding Plan;
  8. billing data including Credit Card / Debit Card details;

MV is using Stripe as an online payment processor. No Credit Card / Debit Card details are processed and stored by medvocation. Stripe’s Terms and Conditions and Privacy Policy are provided on https://stripe.com/en-pl/legal/ssa and https://stripe.com/en-pl/privacy.

4.2. Client Account activation

The registered Client Account needs to be activated. Activation of the Client Account may be possible after providing the following information:

  1. completing Company’s Profile:
    1. about you: company name, headline, bio, about us, e-mail, secondary email*, phone number, secondary phone*, logo, cover photo;
    2. basic information: employer type, company size, year of establishment, employment sector, country, region, address;
    3. company profile: additional pages, logo, cover photo, video;
    4. preferences*: Job Seeker locations
    5. additional questions*
  2. posting at least one Job Offer.

* optional data

Activation of your Client Account makes the Profile of your Company and Job Offers posted visible on your Client Account. You may also start using the Services available under your chosen Subscription Plan.

For technical reasons, the time of Account activation may not be the same as the time of completion of the above data.

If MV reasonably believes that the data you have provided is false or fraudulent, MV reserves the right to refuse to activate your Client Account.

5. Subscriptions

You may purchase a Subscription Plan of your choice through the Website. The Subscription Plan you choose entitles you to use certain Services. The list of available Subscription Plans is provided on our Website.

5.1. Subscription Plan purchase

In order to purchase a Subscription Plan, the Client must have an active Client Account.

You can select a Subscription Plan during the registration process.

In order to select a Subscription Plan you must:

  1. select Recruitment Plan;
  2. select Branding Plan;
  3. select Subscription Period;
  4. select a currency;
  5. provide the billing data [e.g. company name, first and last name (optional), address, country, post code (optional), city, TAX ID];
  6. provide all required credit card information;
  7. click the "Confirm" button.

MV will confirm the activation of your chosen Subscription Plan to your email address associated with your Client Account.

5.2. Subscription Period, Renewal and Suspension of Subscription Plant due to non-payment

When purchasing a Subscription Plan, you can choose a monthly or annual Subscription Period. Annual Subscription Plan is set up as a default selection.

If you choose a monthly Subscription Period, you will be charged a monthly fee that falls on the date of activation of the Subscription Plan. If the date of activation of the Subscription Plan falls on a day that does not occur every month, you will be charged on the last day of that month (Renewal Date).

If you choose an annual Subscription Period, you will be charged an annual fee that falls on the date of activation of the Subscription Plan (Renewal Date).

The fee is charged at the beginning of each Subscription Period. It may appear in your Account a few days after your billing date.

Your Subscription Period will automatically renew, unless you cancel your renewal of the applicable Subscription Plan (by clicking the “Cancel” button in the Subscription Tab of your Account).

If payment is not made by the due date, MV reserves the right to suspend your Subscription Plan without prior notice. This means that you will not be able to use any of the Services available under your chosen Subscription Plan. MV will re-activate your Subscription Plan (reinstate your use of the Services) within 3 working days of payment for the outstanding subscription period (effective charge to your card). In the event of a late payment, the next Subscription Period will not start from the date of payment, but from the Renewal Date. You accept that you are not entitled to a refund for the Subscription Period during which your Subscription Plan (Services available under your chosen Subscription plan) is suspended.

5.3. Downgrades, upgrades and modification of the Subscription Plan

You are entitled to downgrade or upgrade your Subscription Plan at any time

In the case of an upgrade, the change will take effect from the next Subscription Period. If an upgrade is made during the Subscription Period, the fee for the higher Subscription Plan will be proportionally adjusted.

In case of a downgrade, the change will take effect from the next Subscription Period. No refunds are provided when downgrading from a higher to a lower Subscription Plan during the remaining part of the Subscription Period.

We reserve the right to modify the Subscription Plan from time to time on the terms described in Section 15.

5.4. 30 Day Trial

In order to allow you, as a new Client, to get acquainted with medvocation Website, you will receive free access and you will be able to use all the Services made available in your selected Subscription Plan, except for use of Credits, for the period of first 30 days.

You will be charged for your chosen Subscription Plan from the next Subscription Period onwards unless you decide to pay for your chosen Subscription Plan immediately.

6. Payments

6.1. Third-party payment processing

All payments for Subscription Plan or Credits are processed by Stripe (third-party online payment processor).

The payment services are governed by separate terms and conditions. Stripe’s Terms and Conditions and Privacy Policy are provided on https://stripe.com/en-pl/legal/ssa and https://stripe.com/en-pl/privacy.

In order to make a payment, you must accept these payment service terms and conditions, including terms related to the processing of your transaction data to these entities. In order to make a payment, you may be redirected to the website of the payment service provider.

6.2. Payments for Subscription Plans

The Subscription Plan can only be paid for by debit or credit card (Visa, Master Card, Diners, American Express).

MV reserves the right to add further payment methods (supporting recurring payments) such as digital wallet or bank debits, etc.

You authorise us to charge your credit or debit card for each Subscription Period based on your chosen Subscription Plan. You need to authorise the cancellation of any future debit orders 7 days prior to your next billing.

In the event of an unsuccessful payment authorisation, attempts will be made to re-authorise the payment. Until payment for the relevant Subscription Period is received, the Subscription Plan may be suspended (as described in Section 5.2. due to non-payment).

We reserve the right to contact you by phone or e-mail to resolve any payment difficulties.

6.3. Payments for Credits

Payments for Credits can only be done by debit or credit card (Visa, Master Card, Diners, American Express).

Payments for Credits should be made promptly, no later than 3 working days. If payment is not received within this period, MV will not transfer the credits to you and the transaction will be cancelled.

6.4. Payment terms

All Client’s payment obligations are non-cancellable and all amounts paid are non-refundable, except as expressly provided for in these Terms.

Access to payment methods may depend on the place of payment.

6.5. Invoice-based payments

If the Client elects to pay by invoice (and MV agrees), all fees are due as stated in the invoice.

6.6. Taxes

All fees are exclusive of taxes, which we will charge as applicable.

You are responsible for any taxes, and will pay MV for the Subscription Plan or Credits without any reduction for taxes.

You will provide MV with any applicable tax identification information that MV may require under applicable law to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. If you are located in the European Union, all fees are exclusive of VAT (Value Added Tax) and you need to confirm that you are registered for VAT purposes in your member state. You will provide MV with the VAT registration number under which you are registered in your member state. If you do not provide us with a VAT registration number prior to your transaction being processed, we will not issue refunds or credits for any VAT that was charged. If you are subject to GST, all fees are exclusive of GST.

You will be liable to pay (or reimburse MV for) any taxes, interest, penalties, or fines arising out of any mis-declaration by Client.

7. Job Offers

7.1. Job Offers under the Subscription Plan

You are able to post a certain number of Job Offers depending on your Subscription Plan.

Your Jobs Offer will be available on the Website only if you have an active Subscription Plan, which was non-suspended due to non-payment.

We do not limit the duration of your Job Offers. Your posted Job Offers will remain available until you decide to remove or deactivate them.

The Client can delete Job Offers and replace them at any time within the limit specified in the Subscription Plan.

If the Client decides to downgrade the Subscription Plan, the number of posted Job Offers will be adjusted to the level applicable to the selected Subscription Plan, to present the most recent ones.

7.2. Necessary information

Each Job Offer should include the following information:

  1. introduction (e.g.: job title, reference number*, profession, cover photo*);
  2. basic information (e.g.: job location, salary, currency, employment type, working hours);
  3. job description;
  4. job requirements;
  5. benefits;
  6. key skills criteria;
  7. posting time.

* optional data

This enables us to match the skills required for each particular job with the most suitable Job Seekers. Key skills criteria can include: work experience; skills and knowledge, personality traits, competencies.

If any of the required information is missing, the Job Offer will not be published on the Website.

7.3. Job Offers restrictions

The Job Offers must not:

  1. include mail address, addresses or links to a website, phone number or any other Client’s contact details;
  2. include any other information or content which would be contrary to the Terms or applicable law, in particular information which is false, fraudulent, misleading or discriminatory;
  3. include demand for upfront payment, recruitment fee or application fee;
  4. require recruitment that resembles a multi-level marketing scheme, a franchise, a financial pyramid scheme or an agency agreement.

The Job Offers have to:

  1. comply with the applicable laws and regulations of the state and country where the job is to be performed, including laws relating to labour and employment, data privacy, data access and use of intellectual property;
  2. be authorised and approved by the Client.

7.4. Automated matching Algorithm

When you post a Job Offer, you agree to MV performing an automated process of matching a Job Seeker Profile to relevant Job Offer including MV’s skill based matching algorithm.

8. Credits, Job Seekers Data and Boosts

8.1. Receipt of Job Seeker Data

In response to your Job Offer you will receive Applications, which have been matched to your Job Offers. Each Application is qualified according to the criteria defined by the Client, specific to each position.

The Application received does not contain all Job Seeker Data. You may use your Credits to obtain Job Seeker Data as described below.

Each Credit used will give you access to the following contact data of one selected Job Seeker:

  1. name and surname;
  2. mobile phone number;
  3. email address;
  4. any other information provided by Job Seeker.

Each Credit used will also give you access to optional Job Seeker’s data, if those are provided by the Job Seeker, for example:

  1. professional licence numbers;
  2. current employer’s name;
  3. all optional data provided by the Job Seeker (social media accounts and messaging apps);
  4. uploaded documents and files such as CV, diplomas, certificates, etc.

MV reserves the right to change the rules for obtaining Job Seeker Data, in particular to increase the number of Credits needed to unlock data, or to make the number of Credits dependent on the amount of data submitted by the Job Seeker or the compatibility of the Application with Job Offers.

8.2. Credits under the Subscription Plan

The number of Credits available and the price of Credits depends on the Subscription Plan you have selected. The current pricing model is available on our Website.

MV reserves the right to change the pricing model from time to time without prior notification. Such a change will have an immediate effect.

8.3. Contact with the Job Seeker

The first contact with the Job Seeker must take place through the Website (using the in-app chat).

You agree to the processing of the Job Seeker Data in accordance with applicable law (in particular applicable Privacy Law), for the sole purpose of recruitment between you (or the entity for which you are recruiting, in the case of a professional recruiter) and the Job Seeker. You shall take appropriate physical, technical, and administrative measures to protect the Job Seeker Data you have obtained from MV from loss, misuse, unauthorised access, disclosure, alteration or destruction.

In particular, the Job Seeker Data may not, under any condition:

  1. be disclosed or transferred to another third party (unless you are a professional recruiter and the data are transferred to the entity for which you are recruiting);
  2. posted on any platforms, groups or mass distribution lists;
  3. be used for any commercial purpose not related to the ongoing recruitment process;
  4. be used for marketing the services and goods of Clients or third parties.

MV process information about Job Offers and Applications to connect the right Job Seeker with a Client. We may therefore include information about you or User in our recruitment database to manage MV’s Job Seeker selection and recruiting processes. If you selected a Job Seeker for a position at MV, information about her/him will also be used to facilitate the hiring process.

8.4. Purchase and use of the Credits

You may purchase and use Credits at any time if you have an active Subscription Plan, which was non-suspended due to non-payment.

To purchase Credits the Client must:

  1. indicate the Credits amount;
  2. select a currency;
  3. select a payment method;
  4. click on the dedicated "Confirm" button.

If the Services are terminated, unused Credits are forfeited and will not be refunded. The above does not apply if the Service is terminated due to the Client's inactivity (as described in Section 10.2. If the Client purchases a Subscription Plan, unused Credits will be reallocated back to the Client.

8.5. Promoting Job Offers

You can use Boosts received under the Subscription Plan to promote your Job Offers. If you use Boosts, your Job Offers will be presented at the top of the search results, becoming 'Featured Job' in that job category, and will stay there until another Client promotes their Job Offers, causing your Job Offer to move down the list of search results.

The number of Boosts needed to promote the offer depends on the Subscription Plan you have chosen. MV reserves the right to change the number of Boosts from time to time without prior notification. Such a change will have an immediate effect.

9. Blog

MV provides the opportunity for the Client to post and share healthcare knowledge on our Blog. The number of content (posts) you can add depends on the Subscription Plan.

9.1. MV’s rights

MV reserves the right to post-moderate, remove and selectively reject content that violates our Terms and Blog standards described below.

If your content is rejected or removed, you will receive a notification indicating the reasons for our decision.

9.2. General rules of writing

Your post must meet the following conditions:

  1. must be at least 1000 words;
  2. must be reliable and must not disseminate false or misleading information;
  3. must not contain direct contact information or be used as an alternative platform for job advertisements;
  4. must not promote or advertise products or services;
  5. must not contain content or information in violation of the Terms or applicable law.

9.3. Authenticity

MV takes intellectual property rights seriously. You own all of the content and information that you post on the Blog. However, before publishing articles on the Blog, please ensure that you have the legal right to do so. MV does not allow the publishing of content, including articles and images that violate intellectual property rights, including copyrights and trademarks.

9.4. Offensive Content

MV reserves the right to moderate content or take other necessary measures if the content contains any of the following:

  1. Hate Speech - MV does not tolerate any form of hate speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion or sexual orientation. We do not allow users to publish articles and images that contains hate speech such as direct attack against people based on their protected characteristics: race, ethnicity, nationality, disability, religion, sexual orientation, sex, gender identity and serious diseases;
  2. Violent graphics, Cruel or Insensitive content - MV restricts content that refers to depiction of especially vivid, brutal and realistic acts of violence in media such as graphics, videos or writing. All contents that involve wilfully or knowingly causing pain or distress to others will be removed. Violent or gory content intended to shock or disgust viewers, or content others to commit violent acts are not allowed;
  3. Nudity and sexual activity - MV restricts content that explicitly depicts nudity and sexual activity. Restrictions on the display of sexual activity also apply to digitally created content unless is posted for educational, humorous, or satirical purposes;
  4. Sexual solicitation - MV prohibits, absolutely, the use of the medvocation Blog for the purpose of sexual solicitation. When the content facilitates, encourages or coordinates sexual encounters or commercial sexual services between adults such as prostitution or escort services, these contents will be removed. This is done to avoid facilitating transactions that may involve trafficking, coercion and non-consensual sexual acts. Sexually explicit language is expressly prohibited and will be removed;
  5. Cruel and insensitive - MV does not tolerate bullies. Explicit attempts to mock victims and mark as cruel implicit attempts will be removed. Cruel and insensitive content include content that targets victims of serious physical or emotional harm.

10. Termination of the Services

10.1. Termination for Breach

To the extent permitted by applicable law, MV may suspend all Services provided to you with immediate effect if you are in material breach of the Terms and may terminate all Services if you, despite having received notification, fail to take certain actions within the period specified for such action.

In particular, a material breach is understood as:

  1. providing false or misleading data when creating an Account or User Account;
  2. posting Job Offers containing false, misleading or forbidden information or content;
  3. posting Job Offers on behalf of other entity;
  4. providing content containing false, misleading or forbidden information or content;
  5. posting abusive or illegal content or content contrary to generally accepted community principles;
  6. infringing the personal rights of third parties;
  7. infringing intellectual property rights (including the use of MV Content in violation of these Terms);
  8. processing of personal data (including Job Seekers Data) in contravention of the law, Terms and Privacy Policy;
  9. communicate with the Job Seeker in a manner or for a purpose that is contrary to the Terms;
  10. attempting to circumvent any security feature of the Website;
  11. introducing viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or other material of software that is malicious or technologically harmful to the Website;
  12. overloading the system via spamming or flooding, taking any action or use any device, routine or software to block, crash, delay, damage or otherwise interfere with the operation of the Website;
  13. committing any other acts which we consider to be in breach of applicable law or detrimental to MV’s good name.

MV will inform you upon written notice (as described in Section 17.4.) of the suspension of all Services and set a 14 (fourteen) days period for you to provide a credible explanation, cease the breaches or remedy their effects. If you fail to take the specific action within the above period or commit another similar material breach, MV will be entitled to terminate all your Services immediately.

10.2. Termination for inactivity

We reserve the right to terminate the provision of the Services upon 30 days' advance notice if, for a period of 90 (ninety) days you or User have not accessed the Client or User Account.

10.3. Termination due to applicable law

We may terminate your use of the Services immediately on written notice (as described in Section 17.4.) if we reasonably believe that continued provision of any Service used by you would violate applicable laws.

10.4. Termination due to business issues

To the extent permitted by applicable law, we may terminate all Services provided to you immediately on written notice if you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days.

10.5. Termination for convenience

You may terminate your use of the Services at any time. Termination of your Services does not relieve you of any obligation to pay any outstanding fees associated with your paid Services.

10.6. Effect of termination

Termination of the Services means the termination of the Agreement. All rights and access to the Services, including any information or content related to the Services, will be ceased.

If the paid Services are terminated, you will not receive any refund.

11. Disclaimer

MV does not make and expressly disclaims to the fullest extent permitted by applicable law any warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular use, title, noninfringement, or error-free or uninterrupted use of the Website, Services or software provided by third entities.

If your use of our Website or Services results in the need for servicing or replacing equipment or data or incurring other costs, MV are not responsible for those costs.

12. medvocation’s Liability

12.1. Limitation on indirect liability

To the fullest extent permitted by applicable law, MV will not have any liability arising out of or relating to these Terms, in particular for the provision of the Services or use of the MV Content, for any damages whatsoever (including, without limitation, indirect, consequential, special, incidental, punitive damages, damages resulting from lost data, lost employment opportunities or business interruption or lost revenues, profits, savings, or goodwill), whether based on warranty, contract, tort or any other legal theory, and whether or not MV has been advised of the possibility of such damages.

12.2. Limitation on amount of liability

To the fullest extent possible by law, MV’s maximum liability arising out of or relating to these Terms, in particular for the provision of the Services or use of the MV Content, regardless of the cause of action (whether in contract, tort, breach or warranty otherwise), will not exceed EUR 1 000.

12.3. MV’s liability

MV, being an intermediary service provider (hosting provider) is not involved in and does not control any content that is made available on the Service by Clients or Job Seekers or the relationship between Clients and Job Seekers. As a result, MV is not responsible for such content, the truth, quality, safety legality or accuracy of the Job Seeker Profiles, Applications and Job Offers, the ability of Clients to offer job opportunities to Job Seekers or the Job Seekers’ ability to properly perform the tasks covered by the Job Offer.

We reserve the right in our sole discretion to remove unlawful content. However, MV does not assume any obligation to do so and to the fullest extent permitted by law, disclaims any liability for failing to take any such action.

You may use and access the Website and Services at your own discretion and risk.

MV is solely responsible for matters for which liability cannot be excluded or limited under applicable law.

13. Indemnity

You agree to defend, indemnify, and hold harmless MV and its respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Client Content or other content you or User provide to the Website, (ii) your or User use of any MV Content, or (iii) your or User breach of these Terms.

MV shall provide notice to you promptly of any such claim, suit, or proceeding.

14. Intellectual property rights

14.1. MV’s intellectual property rights

We declare that MV is entitled to all intellectual property rights in the MV Content, and that MV does not infringe any third party rights and that there are no grounds for any third party to claim intellectual property rights.

We grant you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable and non-sublicensable licence to access and use the MV Content in accordance with the Terms. You agree not to sell, copy, modify, transmit, reproduce, display, publicly perform, distribute, disseminate, host or otherwise use the MV Content in any way for any public or commercial purpose, create any derivative works from, make use, or reproduce in any way MV Content without prior written consent (as described in Section 17.4.).

14.2. Client’s intellectual property rights

You declare that you are entitled to all intellectual property rights in the property rights in the Client Content and that you do not infringe any third party rights and that there are no grounds for any third party to claim intellectual property rights.

By submitting, posting or displaying Client Content on the Website, you grant MV and our licensees a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use such content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, providing, promoting and improving the Website and the Services.

14.3. Third parties’ intellectual property rights

You accept that any other content, including graphics, articles, trademarks and other content, made available through the Website may be subject to the intellectual property rights of third parties, including Job Seekers. In particular, such elements may be subject to copyright, industrial property rights, including trademark registration rights and database rights, and as such are protected by law. Any downloading or use of such content available within the Website requires each time the consent of the authorised entity and may not breach the provisions of the Terms and generally applicable provisions of law, as well as may not infringe the rights of third parties.

14.4. Image rights

To avoid any doubts, by adding a profile photo to Client or User Account, it is assumed that the individual in the photo has consented to the dissemination of his/her profile picture.

15. Changes to these Terms

We reserve the right to make changes to these Terms, Website, Services and Subscription Plans and pricing from time to time.

Unless otherwise noted by MV, any changes will become effective 30 days after they are posted, except to the extent the changes are required by applicable law, a final court decision or an administrative decision, in which case they will be effective immediately.

MV will provide at least 30 days' advance notice by sending an email and/or posting a notice on the Website. If you do not agree to the changes, you may stop using the Website and/or our Services.

Your continued use of the Website and/or Services after change will constitute your consent to such changes.

16. Privacy Policy

We are committed to protecting your Personal Data. Your personal data provided to us in connection with your use of the Website and the Services are processed in accordance with the applicable law. We explain more about your Personal Data in our Privacy Policy.

17. Miscellaneous

17.1. Notification

Unless otherwise indicated, all information (notices) will be sent to you electronically via the email address associated with your Account or by posting a notice on the Website.

The delivery of any notice is effective when sent or posted by us, regardless of whether you read the notice or actually receive it.

The delivery of any notice is effective when sent or posted by us, regardless of whether you read the notice or actually receive it.

17.2. Governing Law and Dispute resolution

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.

If a dispute cannot be resolved amicably, you agree that any claim arising out of or relating to any rights or obligations under these Terms will be governed by the laws of Ireland.

The courts of the Republic of Ireland are to have exclusive jurisdiction to settle any dispute arising out of or relating to these Terms.

17.3. Character of MV's activities

We are not an employment agency and do not undertake activities that could be considered as an agency. We are not responsible for and do not take part in disputes between the Job Seeker and the Client. While MV endeavours to provide an impartial job search service and provides a medium to support the exchange of information between employers and employees, We will not be involved in transactions or disputes between the Job Seeker and the Client and MV is not responsible for the quality, safety or legality of the recruitment service.

17.4. Email communication

Emails may be used to satisfy the requirements for written notice, approval and consent under these Terms.

17.5. Assignment

The Client may not, without MV's consent, assign any rights or obligations under these Terms.

MV may assign any rights or obligations under these Terms to its affiliate or, in the case of a Website sale, to a third party.

17.6. Unauthorised commercial use

You agree not to resell your rights or obligations under these Terms. You also agree not to make any unauthorised commercial use of any Services.

17.7. Force Majeure

Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.

17.8. No Waiver

Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.

17.9. Severability

If any part of these Terms is invalid, illegal, or unenforceable, the rest of the Terms will remain in effect.

17.10. Headers

Headings and captions used in the Terms are for reference purposes only and will not have any effect on the interpretation of these Terms.

17.11. Language

The English version of the Terms will be the version used when interpreting or construing the Terms.

18. Contact us

18.1. Notification of potential infringements of intellectual property rights

If, in your opinion, intellectual property rights have been infringed on the Website, please contact MV at [email protected].

We respond to notices of alleged copyright infringement and take the measures required by law if necessary to cease any infringements.

18.2. Notification of potential fraud.

MV, being an intermediary service provider (hosting provider), is not responsible for content that is made available on the Website by third parties.

Please note that fraudulent job applications or advertisements can sometimes appear, so we strongly recommend that you be careful when looking for employees.

If you spot a suspicious job application, please contact us at [email protected].

If you believe you have been a victim of fraud, report the scam to the local police immediately and contact MV at [email protected].

18.3. Questions, complaints and other notices

We have done our best to explain things clearly for you. However, if you have any questions or complaints, please contact us by email at [email protected] or by telephone at +353 1 254 8201.

You can also contact us via the dedicated webform available on the Website.

We will consider the complaint within 30 days from the day on which it was lodged. If we do not respond to the complaint within the period referred to in the previous sentence, we shall be deemed to have acknowledged the complaint.

IRELAND
Medvocation Limited
The Black Church,
St. Mary's Place,
D07 P4AX Dublin
Republic of Ireland
Company Number 638818
Registered in the Republic of Ireland
VAT number: IE3601646GH