1. INTRODUCTORY PROVISIONS
1.2 The current contact information of MC for electronic contact (including billing data) is available at diebauarbeiter.ch.
1.3 The contractual relationship between MC and the User shall be additionally governed by
(b) Product Terms as defined below;
(d) provisions of relevant legal regulations.
(a) MC Electronic Systems: website or other computer programs (including mobile applications) provided by MC to other entities, primarily through internet network.
(b) MC: reffered to point 1.1.
(c) Unregistered User: user who uses the MC Electronic Systems although he/she is not registered in these MC Electronic Systems.
(f) Profile: set of personal data created following the registration voluntarily entered by the User, potentially amended by records of activities of the User in the MC Electronic Systems.
(g) Registered User: user who uses MC Electronic Systems and is registered in these MC Electronic Systems.
(h) Service: service of MC offered and provided to the Users for consideration or without consideration in the relevant MC Electronic System.
(i) Account: environment resulting from the registration of the User in the relevant MC Electronic System.
(j) User: person who uses MC Electronic Systems irrespective of whether it is a Registered User or Unregistered User.
(k) Employer: an individual or corporate entity advertising job offers or other similar offers through the MC Electronic System for the Users with the purpose of concluding labour or similar contractual relationships or using the MC Electronic Systems in another manner pursuant to a contractual relationship with MC;
(m) Mediator: person who mediates jobs for the Users and concurrently suitable employees for the Employer through the MC Electronic Systems.
3.1 Before responding to an advertisement placed in the MC Electronic Systems or before completing the registration in the MC Electronic Systems, order of the Services as well as any other use of the MC Electronic System (e.g. browsing through MC website), the User shall read the Terms and of Use and relevant Products Terms.
3.3 In respect of an order of the Services, specific instructions are listed in the relevant MC Electronic System. The User shall be authorised to identify and correct errors during the completion of a relevant form, or by contacting MC using the contact information of the relevant MC Electronic System.
3.4 The text of the contract is available to the User in the relevant MC Electronic System.
4. USE OF THE MC ELECTRONIC SYSTEMS AND THE SERVICES
4.1 MC provides the MC Electronic Services usually free of charge, unless the Product Terms stipulate otherwise.
4.2 The contract with MC may be concluded in English or other languages made available by MC within MC Electronic systems.
4.3 Price and relating payment conditions in respect of the provision of the Services as well as other information and conditions of such Services are listed in relevant Product Terms.
4.4 MC shall be authorised to suspend or discontinue the operations of an MC Electronic System or its part as well as discontinue provision of any Services or their part anytime and without prior notice.
4.5 MC reserves the right to block or delete any entry, communication, information or reference containing solely such information that is incorrect, meaningless or nonfactual (e.g. if it does not relate to search of work, contains fictitious data, political or other views, vulgarisms, etc.). MC shall not be obliged to inform the Users on the decision to block or delete any entry, communication, information or reference as well as on the implementation of such decision.
(a) did not log in his/her Account for more than 1 year;
(c) inadequately or excessively burdens the MC Electronic Systems or their supporting infrastructure as a result of non-standard use of the MC Electronic Systems or interferes or tries to interfere in their due operations (e.g. by using computer program to hack into or damage the MC Electronic Systems, sending of bulk messages, placing of files that may damage or interfere with the program structure of the MC Electronic Systems, etc.).
(e) makes attempts to automatically or collectively read or copy the content of the MC Electronic Systems; or
(f) opened the Account and completed the Profile pursuant to an unauthorised registration, i.e. primarily pursuant to a registration of a fictitious person, or registration under a name of another person.
(a) information that is in in breach of the law of the Czech Republic, general ethical principles and good manners;
(b) information of sexual nature;
(c) information that is presented in conflict with the practices and regulations for the completion of specific forms;
(d) information on third parties without their knowledge;
(e) information that may damage the reputation of MC or other entities; or
(f) information that is obviously untrue.
4.11 The User shall not be authorised:
(a) to process data in the MC Electronic Systems automatically or perform data mining in a similar manner or use MC databases in addition to the scope necessary to meet the purpose of the MC Electronic System;
(b) try to access the parts of the MC Electronic Systems for which MC did not expressly provide access;
(c) overburden the MC Electronic Systems by automated use;
(d) upload presented data of the MC Electronic Systems for further machine or automated processing;
(e) use the MC Electronic Systems in any other manner in conflict with their purpose.
4.12 MC shall be authorised to use the contact data of the Users (e-mail, or telephone) to distribute commercial messages, relating only to services of MC, unless the User originally refused this use.
5. OBLIGATIONS OF THE USER
5.1 The User shall be authorised to register only under his/her name and enter only the information on him/her in the Profile. Every User may have only one active Account. If MC or a potential Employer finds out that one person registered under several names, MC reserves the right to remove other Accounts of the specific User without notice.
5.2 The User who is not interested in registration, may usually use the Services of the MC Electronic Systems in a limited scope as the Unregistered User.
5.3 The Users undertake to present solely such information in the MC Electronic Systems that does not cause any detriment to third parties or MC.
5.4 The User shall be responsible for the content of the saved information pursuant to an application of the User. MC shall be authorised to save the information on the entry of data in the MC Electronic Systems leading to a clear identification of a specific User.
5.5 Depending on the type of the MC Electronic System or the Service, the information of the User may be published in the relevant MC Electronic Systems.
5.6 The User shall not be authorised to use the MC Electronic System or its part for anything else than his/her own need and in accordance with apparent or advertised features. Primarily it is forbidden to the Users to use the MC Electronic System or its part by distribution and copying or another technical processing without verifiable consent of MC. In addition, it is forbidden to the Users to intervene in any manner in the technical or factual content of the MC Electronic System.
5.7 The access to the Account/Accounts of the Client in the MC Electronic Systems shall be protected by login data.
5.8 The User shall be obliged:
(a) to notify MC of any security shortcomings in the MC Electronic Systems that he/she identified during their use;
(b) to abstain from the publication of the security shortcomings for no less than ninety (90) days from the notification to MC.
5.9 The User shall be additionally obliged:
(a) to protect his/her device against misuse;
(b) to set sufficiently secure login data;
(c) to prevent any sharing of login data with third parties;
(d) to protect login data; and
(e) to prevent misuse of login data.
5.10 If login data is used in an unauthorised manner or misused, the User shall be obliged to immediately inform MC. MC shall have no liability for any misuse of login data of the User, or any potential detriment or potential claims of third parties arising from the breach of the above obligations of the User.
6. LIABILITY OF MC
6.1 MC shall not be liable for any damage caused by force majeure or defects outside the technical equipment of MC. “Force majeure” shall mean temporary or permanent extraordinary, unpredictable and unsurmountable obstacle that arose independently from MC.
6.2 MC shall not provide the Users with any guarantees in relation to the properties of the MC Electronic Systems and the Services, unless the Product Terms specifically stipulate otherwise.
7.2 MC shall provide the User with the Service that shall have no defects.
7.3 The Service shall be made available to the User depending on the operations of the MC Electronic System. When the MC Electronic System is out of order or shut down, the Service may be temporarily unavailable to the User without any claim for compensation.
7.5 If the Service made available to the User contains defects, the User shall be allowed to:
(a) request a free of charge removal of the defect (if the defect can be removed without any unnecessary delays); or
(b) request access to a new Service containing no defects, if it is not unreasonable given the nature of the defect (if the defect relates only to the part of the Service, the User may request only a new access to such part of the Service);
(c) terminate the contract with an immediate effect, if any of the solutions above is not possible or the same defect appears repeatedly after the repair or there are several defects;
7.6 If the User does not terminate the contract or does not exercise the right for access to a new Service without defects or its part or repair of the Service, he/she may request an adequate discount. The User shall have the right for an adequate discount even when MC is not able to provide him/her with access to a new Service without defects or its part or repair the Service as well as when MC does not provide remedy in reasonable time or when the remedy would cause considerable difficulties to the User.
7.7 If the User does not inform on the defect without any delays after he/she was able to identify it during timely inspection and with due care, he/she may not be granted with this right arising from defects.
8.1 If the Registered User wants to use his/her right to terminate with an immediate effect from the contract concluded with MC, he/she may do so anytime by closing their Account usually at the contact email of the relevant MC Electronic System or through the relevant contact form. The closing of the Account will also result in the deletion of the Profile from the relevant MC Electronic System.
8.2 If the Unregistered User wants to use his/her right to terminate with an immediate effect from the contract concluded with MC, he/she may do so by discontinuing the use of the MC Electronic Systems.
9. POTENTIAL DISPUTES
9.1 The User, who is a consumer, has the right for an out-of-court dealing with potential disputes with MC. The body authorised for the out-of-court dealing with consumer disputes arising from the use of the MC Electronic Systems or the Services is the Czech Trade Inspection Authority at the website of which (www.coi.cz) the User can find, among other things, the information on the manner and conditions of out-of-court dealing with disputes, when this proceeding may be initiated only pursuant to a petition of the User and after he/she does not manage to solve the dispute directly with MC. The form of the petition for the initiation of the proceeding on out-of-court dealing with the consumer dispute is available at the website of the Czech Trade Inspection Authority.
10. APPLICABLE LAW
12. FINAL PROVISIONS
12.1 MC may cancel the MC Electronic System anytime, unless the Product Terms specify otherwise.
12.2 During the provision of the Services in certain MC Electronic Systems, offers and demands of jobs may be published, and the Users may be allowed to directly contact the other party. The provision of these Services does not involve a direct mediation activity between the Employers and the individuals searching for jobs; MC, as the operator of the Services, shall not be an employment mediator in accordance with Section 14 et seq. of Act No. 435/2004, on Employment, as amended.