Terms and Conditions for Job seekers
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 Website and Mobile Apps are accessible to all healthcare job seekers and connect them with suitable entities in this sector (healthcare service provider or professional recruiter).
You should read the medvocation’s Terms and Conditions for Job Seekers carefully. Each time you access or use our Website or Mobile Apps you will be deemed to have accepted these Terms and Conditions (hereinafter referred to as the “Terms”).
The following words and expressions have the following meanings unless inconsistent with the context:
“Account” refers to an account set up on the Platform by you, enabling the use of Services through the Platform.
“Application” refers to an application made by you and received by the 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 all your Job Seeker Data. Your Job Seeker Data will be communicated if the Client uses the Credits.
“Client” refers to a business entity or a sole proprietor in the healthcare sector (healthcare service provider or professional recruiter), conducting the recruitment process using the Platform, posting Job Offers to which you apply. We provide services to Clients under Terms and Conditions for Clients.
“Client Data” refers to contact details (e.g. email address and/or phone number) and other Client information provided to the Job Seeker by MV. Client Data may include Personal Data.
“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, Ireland.
“Credits” refers to the virtual credits that can be used at the Client’s discretion to unlock all Job Seeker Data.
“Job Offer” refers to a job offer posted by the Client on the Platform.
“Job Seeker” refers to a job seeker in the healthcare sector using the Platform, looking for employment opportunities and career information in the healthcare industry, submitting Applications received by the Clients via the Website; references to "you" or "your" being construed accordingly.
“Job Seeker Content” refers to any content used or created by you in connection with the use of the Services through the Platform, including content subject to intellectual property rights (e.g. trademarks or service marks, logos, photographic works, text, graphics).
“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.
“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 Platform or created in connection with the provision of the Platform and Services. All MV Content is the property of MV or its licensors.
“Mobile App” refers to an application available in a mobile version (exclusively for Job Seekers), owned by MV, constituting an ICT system within which Job Seekers can use certain Services. The application is available in the App Store and Play Store.
“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.“Platform” refers to the Website and/or Mobile Apps.
“Services” refers to all functionalities of the Platform provided to you as described in these Terms.
“Website” refers to the Company’s website available at https://medvocation.com, which is administered by the Company.
2. General use of the Platform
2.1. Scope of Services
These Terms set out the rules for the use of the Platform and Services provided through the Platform. We make available the following Services:
- an Account through which you can access the Platform and Services;
- Services that allow you to submit Applications;
- Services enabling the Job Seeker Profile to be matched with Job Offers;
- Services that allow you to interact with Clients;
- Services for browsing and filtering Job Offers or Clients;
- Services that allow you to view, browse or filter content.
We reserve the right to make changes to the Services, as described in these Terms.
All Services are free of charge. We reserve the right to impose certain fees that may be required to access certain Platform functionality or content. You will not be charged under any circumstances unless we have obtained your prior and express consent to pay such fees.
2.2. Technical requirements
The use of the Platform 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;
You are solely responsible for ensuring technical compatibility between the computing equipment or any other device and telecommunications system you use and the Platform. We will not be liable if you use the Platform or Services with 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 Platform and Services.
The above specification may change from time to time if necessary to provide the Services. If the change does not have a negative impact on your ability to use the Platform, it will be effective immediately. We will notify you by posting information on the Platform.
2.3. Interruptions and Omissions
We make our best efforts to ensure that the Platform works properly.
Whilst MV tries to ensure that the standard of the Platform 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. To the fullest extent by the applicable law, we do not accept any liability arising from such errors, omissions, interruptions of service or delays, in particular where they are caused by third parties, nor any ongoing obligation or responsibility to operate the Platform (or any part thereof) or to provide the Services offered through the Platform.
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 the Platform and Services.
In addition to the rights set out further in these Terms, MV also reserves rights to:
- send technical notification concerning the operation of the Platform or legal messages concerning the Services;
- modify the Platform, in particular the scope and type of our Services;
- introduce periodic technical interruptions necessary for the upgrading, modernisation, maintenance and development of the Platform;
- in cases affecting the security or sustainability of the Platform, to temporarily discontinue or limit the provision of the Services;
- delete Account after a significant duration of inactivity.
3. Job Seeker’s obligations and declarations
You may use the Platform and Services if you are of legal age (at least 18 years of age unless otherwise specified in your jurisdiction) and you are seeking employment and knowledge in the healthcare industry. 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 Platform 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 the Platform or any liability in respect of any content available on the Platform provided by you.
3.2. Job-Seeker Account
The Job Seekers must have an active Account and completed Job Seeker Profile to use all our 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, all information or content associated with this Account will be disabled. To the extent and for the period of time permitted by applicable law and necessary to protect MV's legitimate interests, we retain the right to store information or content related to your activity on the Platform.
3.3. Rule of Use
The Platform and Services may only be used by Job Seekers to seek employment in the healthcare industry and/or to seek or access healthcare industry knowledge, in accordance with these Terms.
- will not post, upload to, share or provide through the Platform any content that is prohibited by law, such as:
- false or misleading content;
- content that promotes violence, criminal behaviours or infringe principles of community life;
- content of a sexual or abusive nature;
- content that depicts dangerous or unlawful activities, illegal products or services;
- content that is defamatory or infringes the personal rights and other rights of third parties, in particular intellectual property rights;
- 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;
- will use the Platform in a manner, which is not disruptive to other users of the Platform or the Platform’s infrastructure;
- will not under any circumstances seek to undermine the security of the Platform or any information submitted to or available through it.
4. Registration of the Account and completion of the Job Seeker Profile
4.1. Account registration
To register an Account it is necessary to:
- provide an email address;
- complete and confirm the password;
- click the "Register" button.
When you click on the "Register" button, an Account will be created.
In order to complete the registration process, you will then need to provide the following details:
- country of residence;
- specialisation (optional);
- mobile phone number.
In order to ensure security, the verification code is sent by SMS to the number you indicate on the registration form.
3.4. Job Seeker Profile
The Job Seeker must have a registered Account and completed Job Seeker Profile to use all our Services, in particular Services allowing you to apply for Job Offers and communicate with the Client.
The completed Job Seeker Profile must include (*optional information):
- about you: picture, name and last name, date of birth, gender;
- basic information: nationality, country of residence, region*, city*, profession, specialisation;
- contact details; primarily email, alternative email, dial code + phone number, messaging apps*, social media*;
- education - undergraduate/postgraduate: degree, study period, country, region*, city*, university/college*;
- employment: type: permanent/temporary, training/non-training, position, duration, country, region*, city*, employer*, key responsibilities;
- licences: country, licence number*, status of licence - active / pending / suspended / cancelled);
- my skills: based on selection, competency level;
- exams/memberships/certifications: based on selection;
- languages: based on selection, proficiency level, language exams*;
- job preferences; country, preferred job settings.
Provision of information indicated as optional (*) is not a condition for the provision of all our Services.
Please note that MV is an intermediary service provider (hosting provider). Thus, we are not responsible for the content provided by third parties, including the truthfulness and authenticity of Job Offers posting by Clients.
You can apply to any Job Offers posted by Clients on the Platform. To make an effective application, click the dedicated "Apply" button. You can also save Jobs that interest you or share a link about that Job Offer via your Twitter or Facebook account.
When you apply for a Job Offer, you agree to MV performing an automated process of matching your Job Seeker Profile to relevant Job Offer (including MV’s skill based matching algorithm). You agree that we may use some information about you or your personal and professional information to better match you with the right Job Offers.
Once your Application has been accepted, the Client can access contact data you have provided in your Job Seeker Profile using Credits. In this case you will also get access to the Client's contact details and other information provided by the Client.
You agree to the processing of the Client Data in accordance with applicable law (in particular applicable Privacy Law), for the sole purpose of recruitment between you and the Client. You shall take appropriate physical, technical, and administrative measures to protect the Client Data obtained from MV against loss, misuse, unauthorised access, disclosure, alteration or destruction.
The first contact with the Client must take place through the Platform (using the in-app chat). If the Client contacts you in breach of these Terms, in particular sends unauthorised content unrelated to the recruitment process, please let us know at [email protected].
6. Consumer rights
These Terms do not limit any of the consumer's statutory rights under applicable law.
For consumers in the European Economic Area (EEA) who have accepted our Terms, the consumer protection laws of the EEA may, in some cases, impose a duty on MV to comply with the Agreement in respect of the digital services or content we provide. Under this obligation, we are responsible for any non-compliances detected at any time during the "continuous" provision of digital services.
To make a claim, please contact us at [email protected].
Consumers in the European Economic Area (EEA) also have the right to withdraw from the Agreement within 14 days of entering into the Agreement. You can do so by sending a statement by email to [email protected] or by post to Medvocation Limited, The Black Church, St. Mary's Place,D07 P4AX Dublin, Ireland.
You may use this Withdrawal form template, but it is not necessary.
In order to comply with the withdrawal period, it is sufficient for you to send information concerning the exercise of your right of withdrawal before the withdrawal period has expired.
Exercising your right of withdrawal is equivalent to disabling access to your Account.
7. Termination of the Services
7.1. 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. MV 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:
- providing false or misleading data when creating an Account or creating a Job Seeker Profile;
- providing content containing false, misleading or forbidden information;
- providing abusive or illegal content or content contrary to generally accepted community principles;
- infringing the personal rights of third parties;
- infringing intellectual property rights (including the use of MV Content in violation of these Terms);
- attempting to circumvent any security feature of the Platform;
- introducing viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or other material of software that is malicious or technologically harmful to the Platform;
- 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 Platform;
- 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 14.4.) 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 without further notice.
7.2. Termination due to applicable law
We may terminate your use of the Services immediately on written notice (as described in Section 14.4.) if we reasonably believe that continued provision of any Service used by you would violate applicable laws.
7.3. 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 days you have not accessed the Account.
7.4. Termination for convenience
You may terminate your use of the Services at any time.
7.5. Effect of termination
Termination of the Services means the termination of the Agreement. All rights and access to Services, including any information or content related to the Services, will be ceased.
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 Platform, Services or software provided by third entities.
If your use of the Platform or Services results in the need for servicing or replacing equipment or data or incurring other costs, MV are not responsible for those costs.
Some jurisdictions do not allow the exclusion of implied warranties or limitations under applicable consumer statutory rights, so the exclusions and limitations set out in this section may not apply to you and do not affect your statutory rights.
9. medvocation’s Liability
9.1. 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 good name), 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.
9.2. 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 Applications and Job Offers, the ability of Clients to offer job opportunities to Job Seekers or the ability of Job Seekers to fill job openings.
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 Platform and Services at your own discretion and risk.
These Terms do not limit MV's liability that cannot be limited or excluded under applicable laws.
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 Job Seeker Content or other content you provide to the Platform, (ii) your use of any MV Content, or (iii) your breach of these Terms.
MV shall provide notice to you of any such claim, suit, or proceeding.
11. Intellectual property rights
11.1. Mobile App
MV declares that it owns the entire copyright of the Mobile App. You are only entitled to use the Mobile App to the extent that it is necessary to use the Mobile App (i.e. to load, display, run, transmit or store the Mobile App) in accordance with its intended purpose described in these Terms.
You are specifically obliged not to:
- translate, correct, re-engineer, adapt, rearrange, decompile, modify or make any other changes to the Mobile App or any part thereof, except to adapt the Mobile App to your own needs using the tools provided and the methods made available by the Mobile App;
- to perform any other acts aimed at creating, on the basis of the Mobile App, computer programs with a similar purpose or functions as the Mobile App.
You are not entitled to lend, lease, sell, sub-license or otherwise transfer the rights to the Mobile App or to make the Mobile App available to third parties.
11.2. MV’s intellectual property rights
We declare that MV is entitled to all intellectual property rights in the MV Content (not mentioned in the Section 11.1. above), and that MV does not infringe any third party’s 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 14.4.).
11.3. Job Seeker’s intellectual property rights
You declare that you are entitled to all intellectual property rights in the Job Seeker Content and that you do not infringe any third party’s rights and that there are no grounds for any third party to claim intellectual property rights.
By submitting, posting or displaying Job Seeker Content on the Platform, you grant MV a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use such Content (including to reproduce, distribute, disseminate, modify, host, display and perform it for the purpose of operating, providing, promoting and improving the Platform and the Services).
11.4. Third parties’ intellectual property rights
You accept that any other content, including graphics, articles, trademarks and other content, made available through the Platform may be subject to the intellectual property rights of third parties, including Clients. 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 Platform 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.
11.5. Image rights
To avoid any doubts, by adding a photo to your Account, you give a consent to the dissemination of the image presented on the submitted content.
12. Changes to these Terms
We reserve the right to make changes to these Terms, Platform, Services from time to time.
In particular, we reserve the right to amend these Terms in the following cases:
- to reflect changes in the Platform, Services or how we do business - for example, when we add new services, features, technologies (or remove old ones);
- in order to comply with an obligation arising from generally applicable laws or an obligation arising from a final court decision or an administrative decision.
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 laws, 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 Platform. If you do not agree to the changes, you may stop using the Platform and our Services. If you decide not to use the Platform and Services after the updated Terms become effective, you may terminate the Agreement within 30 days of receipt of the notice, which will be equivalent to deletion of your Account. You can terminate the Agreement by contacting us at [email protected].
Your continued use of the Platform and/or Services will constitute your consent to such changes.
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 Platform.
The delivery of any notice is effective when sent or posted by us, regardless of whether you read the notice or actually receive it.
14.2. Governing Law and Dispute resolution
To the extent permitted by mandatory local (consumer) law, these Terms are governed by and construed in accordance with the laws of Ireland.
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, except to the extent that, under mandatory law, you may choose to bring legal proceedings in your country of residence or we are obliged to bring legal proceedings only in your country of residence.
Please remember that if you have any claims, you may at all times contact us first at [email protected]. We’ll try to resolve issues directly.
If you’re an EEA-based consumer, the European Commission also offers an Online Dispute Resolution platform, but MV isn’t legally required to use this or other alternative dispute resolution platforms.
14.3. 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 you 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 you and the Client and MV is not responsible for the quality, safety or legality of the recruitment service.
14.4. Email communication
Emails may be used to satisfy the requirements for written notice, approval and consent under these Terms.
MV may assign any rights or obligations under these Terms to its affiliate or, in the case of a Platform sale, to a third party.
14.6. 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.
14.7. 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.
14.8. 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.
If any part of these Terms is invalid, illegal, or unenforceable, the rest of the Terms will remain in effect.
Headings and captions used in the Terms are for reference purposes only and will not have any effect on the interpretation of the Terms.
To the fullest extent permitted by applicable law, the English version of the Terms will be the version used when interpreting or construing the Terms.
15. Contact us
15.1. Notification of potential infringements of intellectual property rights
If, in your opinion, intellectual property rights have been infringed on the Platform, 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.
15.2. Notification of potential fraud
MV, being an intermediary service provider (hosting provider), is not responsible for content that is made available on the Platform 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 employers.
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].
15.3. Questions, complaints and other notification
You can also contact us by sending us letter addressed to:
- 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
Withdrawal form template
To: Medvocation Limited, The Black Church, St. Mary's Place,D07 P4AX Dublin, Republic of Ireland, [email protected]
I hereby notify you of my withdrawal from the Agreement for the provision of the following Service provided by medvocation.
Date of order: _____________
Consumer's name: _____________
Consumer's address: _____________
Consumer's signature (only if the form is sent on paper): _____________