Geschäftsbedingungen bezüglich der Webseite

01.

Preamble

02.

Definitions and interpretations

03.

Core legal aspects

03.01. Entire Agreement

03.02. Enforceability

03.03. No implied waiver

03.04. Limitation period

03.05. Salvatorian clause – Severability

03.06. Applicable law

04.

About the Websites

04.01. Informational purposes only

04.02. Content and technical availability of the Websites

04.03. Requirements regarding using the Websites

05.

Conduct

05.01. Acceptable conduct

05.02. Prohibited conduct

06.

Limitation of liability – Open Source

07.

Trade and service marks

08.

Intellectual property infringement

09.

Indemnification obligations

10.

Further information

10.01. Notices and counter-notices

10.02. Contact

10.03. Complaints

11.

Review

12.

Version history

01. Preamble

EUCONTACT AT HOME IN EUROPE LTD., hereinafter referred to as “EUCONTACT”, has published these Terms and Conditions to flesh out the aspects and elements related to the Websites for which we stipulate our terms and your obligations when visiting our Websites, conduct we deem as acceptable or prohibited, intellectual property clauses, trade and service marks, as well as indemnifications.

We reserve the right, in our sole discretion, to change, modify, add or remove portions of our Terms and Conditions at any time. You should review the terms periodically as, by using the Website, you agree to be legally bound by these terms.

If you do not accept the terms stated herein, do not use the Website.

Failure to comply with this provision entitles EUCONTACT to claim for damages for contract breach.

The Website is controlled and offered by EUCONTACT, based in The Republic of Ireland. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

02. Definitions and interpretations

a) “Websites” (variations: this Website, our Website, EUCONTACT´s Website)

This term refers to the main website of EUCONTACT, namely www.jobmobility.eu, regardless of how you access or use it, including through mobile devices.

This term also includes Websites promoting EUCONTACT´s project lines, such EUMATCHING / EUMATCHING + / EDUMATCHING / EU-FUNDING-BIDS / WORD-STORM / JOB MOBILITY / WORKING IN EUROPE /: www.eumatching.eu; www.edumatching.eu; www.word-storm.eu ; www.eu-funding-bids.eu; www.jobmobility.eu; www.working-in-europe.eu.

b) “Third-party Website(s)”

This term refers to any Website, including, but not limited to those linked to our Website, whose content EUCONTACT has no control upon.

c) “Visitor” (also variations like: Website visitor, visitor of our website and similar)

This term refers to a any kind of Internet user, as human person, who comes to our Website or mobile site.

d) “Client” (also variations like: Client of the Website / of our Website, EUCONTACT´s Client)

Mainly an institution, subject of private or public law, based in the European Union, with whom EUCONTACT has entered a contractual relationship, in the form of an agreement.

e) “Beneficiary”

Mainly private persons, based in the European Union, other than a client, being a beneficiary of a project concluded between EUCONTACT and the respective client.

For example, a beneficiary can be a student, enrolled with or alumni of one of EUCONTACT´s clients, who has benefitted from a project concluded between EUCONTACT and the respective client, under the project lines EUMATCHING / EUMATCHING + / EDUMATCHING / WORD-STORM / JOB MOBILITY / WORKING IN EUROPE, with or without funding through EU Funding Programmes.

f) “You“

This refers to an individual, user of the Website (such as visitor, client, beneficiary)

g) “We” (also variations like: us, our)

This term refers to EUCONTACT, as a whole entity.

h) „Content“

This refers to all materials and content, including designs, editorial, text, (info)graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, data and any other work.

03. Core legal aspects

03.01. Entire Agreement

These Terms and Conditions shall be considered together with, and not separately from our statements as published on this Website at the section LEGALS: Privacy Policy Statement, Cookie Policy, Disclaimer.

These Terms, as amended from time to time, including, but not limited to any and all documents, Websites, rules, terms and policies referenced herein at the section LEGALS, Privacy Policy Statement, Cookie Policy, Disclaimer Policy, constitute the Entire Agreement between us and you, with respect to your use of the Websites.

Such Agreement shall be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.

If you are not willing to be bound by each and every term or condition, do not use our Websites.

03.02. Enforceability

By using our Websites, including the content and features accessed through them, you agree to comply with the Entire Agreement in respect to the Websites.

Such agreement will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.

If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Websites.

Any of our action, non-compliant with our terms, as stated in the Entire Agreement, shall be deemed by us as breach of contract.

03.03. No implied waiver

If you do not comply with these terms, as set out herein and in the Entire Agreement and we, EUCONTACT, do not take action immediately, this does not mean we renounce to any rights that we may have, such as taking action in the future.

03.04. Limitation period

Shall you have a cause of action with respect to the terms set out in the Entire Agreement in conjunction with our Websites, this must be commenced no later than one year after the claim or cause of action arose, otherwise it shall be barred.

Any cause of action you may have with respect to these Terms or the Websites must be commenced within one year after the claim or cause of action arose, or it will be barred.

03.05. Salvatorian clause – Severability

Shall a particular term be found as unenforceable, this shall not affect any other terms. Shall any provision of this Agreement be or become invalid for any reason, it is to be replaced by a corres-ponding text, which is valid and equivalent to the intended meaning. The rest of the Entire Agreement shall remain unaffected and valid.

03.06. Applicable law

The terms of the Entire Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them are governed by Irish law – Republic of Ireland / ROI. The courts of ROI and shall have exclusive jurisdiction over all disputes and claims arising out of or in connection with these terms.

04. About the Websites

04.01. Informational purposes only – No rendering of professional advice through the Website

The Websites and content available within them are intended for informational purposes only. Neither the Websites, nor the content available within them, shall be deemed as rendering professional advice, and used, for example, to operate or promote your business, secure financing from the European Union in any form, obtain any regulatory or governmental approvals, or otherwise to procure services or other benefits from any entity.

Before making any decision or taking any action, you should consult with professional advisers from EUCONTACT or elsewhere.

04.02. Content and technical availability of the Websites

04.02.a) Regarding the Content of the Websites

External links to other websites are not always clearly identifiable as such. Within the EUCONTACT´s Website, you may find Websites over which EUCONTACT does not maintain editorial responsibility or direct control. Such sites can include the websites of the European Commission, European Parliament etc.

Hence, EUCONTACT disclaims liability from the content of the sites linked to our Websites.

The content of our Websites is provided on grounds of “as is” and “as available” principles. All information in this Website and Websites promoting EUCONTACT´s services (such as www.eumatching.eu; www.edumatching.eu; www.word-storm.eu; www.eu-funding-bids.eu; www.jobmobility.eu; www.working-in-europe.eu) is provided „as is“ and “as available”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to, warranties of performance for a particular purpose.

Nothing herein shall, to any extent, substitute for the independent investigations and the sound technical and business judgment of the Website visitor/client/beneficiary, ultimately reader.

In no event shall EUCONTACT be liable to you or anyone else for any decision made or action taken in reliance on the information contained on our Website or for any consequential, special or similar damages, even if advised of the possibility of such damages.

04.02.b) Technical availability of the Websites

EUCONTACT has put in place robust strategies to assure technical compliance with security measures to protect the site and its content.

However, EUCONTACT does not warrant that the Website will be continuously available, or that your use of the Website or any of its functions will be uninterrupted or error free, or that the Website and server will be free from infection, viruses and/or other malware that have contaminating or destructive features.

04.03. Requirements regarding using the Websites

04.03.a) You access our Websites on behalf of a corporation or other institution

If you are using the Websites on behalf of a corporation or other institution, you represent and warrant that you have the ability to agree to these Terms and Conditions / Entire Agreement on behalf of such institution and all references to „you“ throughout these Terms and Conditions / Entire Agreement shall include such institution, jointly and severally with you, personally.

You represent and warrant that you and/or the institution you are acting on behalf of:

are not located, organized, or resident in a country that is subject to an embargo imposed by a government, union, or an intergovernmental organisation, including, but not limited to the European Union or any EU member state, Great Britain, the United States, or the United Nations, or that has been designated by such parties as a “terrorist supporting” country;
are not listed on any government, union, or intergovernmental organisation list of prohibited or restricted parties; and
are not owned or controlled, directly or indirectly by any party described in the clauses (i) and (ii) of this provision.

If any applicable law, rule or regulation prohibits you to access the Websites, you must not access them. If you nevertheless access or use the Websites, you will still be bound to these Terms and Conditions / Entire Agreement and shall have all the obligations, responsibilities and liabilities as if you were eligible to do so.

04.03.b) You access our Websites as an individual

If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are, in any event, at least 18 years of age.

05. Conduct

05.01. Acceptable conduct

Acceptable conduct refers that you will use the Websites solely for lawful purposes.

At any time, in the event you become aware of any violation, breach in respect of any part of these terms set out herein, by any natural person or legal entity, You must immediately notify us by email at “contact@jobmobility.eu” or via our CONTACT FORM available at https://www.jobmobility.eu/contact-company-information/ and provide us with assistance, when and as requested, to stop or remedy the violation/breach.

05.02. Prohibited conduct

In relation to using our Websites, you are forbidden do any of the following, as set out below:

1.Email, publish, upload, transmit or otherwise make available through the Websites any materials that are or may be: threatening, harassing or otherwise failing to respect the rights and dignity of others; ● obscene, indecent, pornographic;

2.Email, publish, upload, transmit or otherwise make available through the Websites any material protected by copyright, trademark, trade secret, intellectual property, without the unequivocal prior written consent of the owner;

3.Use the Websites for any unlawful purposes.

4.Use the Websites for any commercial purposes;

5.Interfere with or disrupt the operation of the Websites or related servers, including by hacking or defacing any portion of any of the Websites;

6.Restrict or inhibit any other person from using the Websites;

7.Distribute, reproduce, adapt, translate, sell or otherwise exploit any part of our Websites, except as expressly prior authorised by EUCONTACT by written consent;

8.Use any robot, spider, websites search/retrieval application or other manual or automatic device to gather content from our Websites, without EUCONTACT´s express prior written consent.

Failing to comply with the above or in the event EUCONTACT has sufficient grounds to assume that you don´t, may lead us take any other steps we consider appropriate.

06. Limitation of liability

You expressly understand and agree, to the fullest extent permitted by law, that EUCONTACT shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including, but not limited to, damages for loss of profits or contracts, income or revenue, goodwill, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from:

1.the use or the inability to use the Website;

2.the use of any content or other material on the Website or Websites linked to our Website;

3.unauthorised access to or alteration of your transmissions or data;

4.statements or conduct of any third party on the Website; or

5.any other matter relating to the Website.

If you are dissatisfied with the elements set out in the present Legal Disclaimer Statement, your sole and exclusive remedy is the discontinuation of the use of the Website.

Open Source

The Websites may include open source components, their use being governed by and subject to the terms and conditions of the applicable open source license (for example data from the Website of the European Commission, European Parliament).

07. Trade and service marks

You are prohibited to use EUCONTACT´s trade names, trademarks, service marks, logos, illustrations, designs, in connection with any product or service that is not of/by EUCONTACT, in any manner that may cause confusion, cause detriment or take unfair advantage.

08. Intellectual property infringement

In the event that you or somebody else, be it a person or an institution, with power of attorney, entitled to act on your behalf, believe(s) in good faith that content within our Website infringes your intellectual property rights, we request that you send EUCONTACT, a written notice by e-mail at “contact@jobmobility.eu”, requesting that EUCONTACT remove such content.

Notices and counter-notices must be sent in writing to EUCONTACT – see provision 10. Further information.

09. Indemnification obligation

With respect to the Terms and Conditions set out herein, the indemnification obligation consists of both the obligation to indemnify, and an obligation to defend.

You agree to defend and hold EUCONTACT harmless from and against any situations/issues (such as proceedings, claims, causes of action, demands, debts, losses, damages, charges, expenses and costs, including reasonable legal costs and/or any amount paid to settle any action) relating to or arising from any content or information, published/uploaded or transmitted:

by you, by using the Websites or otherwise arising out of your use of the Websites;
or by any third party, who is given or gains access to the Websites, due to your action or inaction.

Your indemnification obligation to EUCONTACT includes, but is not limited to, any instance where you:

infringe any Third Party Content or other third-party intellectual property rights;
infringe the terms set out herein – see 02. Prohibited conduct.

10. Further information

10.01. Notices and counter-notices

Any notice, consent, waiver, approval, authorisation or other communication to be delivered in connection with these Terms and Conditions / Entire Agreement:

by you to us: the above shall be deemed to have been effectively and validly given, only if in writing and delivered or submitted by email at contact@jobmobility.eu or via our CONTACT FORM available at https://www.jobmobility.eu/contact-company-information/;
by us to you: the above shall be deemed to have been effectively and validly given, only if delivered or sent to any of the persons then listed as your contact persons / legal representatives / members of board / senior management team.

10.02. Contact

If you have any queries in relation to these Terms and Conditions, please contact EUCONTACT by email at “contact@jobmobility.eu”.

10.03 Complaints

While you may make a complaint in respect of our Terms and Conditions / Entire Agreement, we request that you contact EUCONTACT by email at “contact@jobmobility.eu” in the first instance to give us the opportunity to address any concerns that you may have.

11. Review

These Terms and Conditions / Entire Agreement shall be reviewed from time to time to consider any changes in the law and EUCONTACT´s Website disclaimer practices. Website visitors, clients and other beneficiaries are required to regularly review this policy for changes and to make themselves aware of same.

12. Version history

Version

Date

Summary of Changes

Author

Friday, the 13^th of January 2023

Document created, zero changes

EUCONTACT AT HOME IN EUROPE LTD.

Sorana-Rita Taran