TERMS OF SERVICE / Terms and Conditions

Last update: 23.05.2019

1. Introduction

This is an agreement (“Agreement”) between Rai Poland company REGON: 361598696, NIP: 5170198989, Krakow, Chmieleniec street 16/8, 30-348 the owner and operator of www. RaiBay.com (the “Site ”), recruiting service (collectively the “Service”), and you (“you” or “your” or “user(s)”), a user of the Site and Service.

Please fully read these Terms of Service and the Privacy Policy before using our Site and Service. This Agreement is legally binding and governs your use of our Site and Service.

By completing the registration process and clicking “I Agree”, you declare that (1) You have read, understood and agree to be bound by these terms; (2) You are at least 18 years old and legally able to enter into a contract with RaiBay; and (3) you are authorized to make a commitment on your own behalf, or on behalf of the company stated to be your employer when registering, and therefore to bind that company to these terms. If you do not agree to be bound by these terms, you should not access the website or the service.

For the avoidance of doubt, RaiBay is not and shall not be the employer, agent, partner or joint venture partner of any Candidate of Employer. The Candidate is employed or engaged by the Employer. Please note that these Terms may be modified at any time, therefore you are invited to consult them regularly.

We may amend our Terms of Service or Privacy Policy from time to time and we ask you to check this page as our Terms of Service or Privacy Policy may have changed. We will also update the "Version published on" date at the top of the Terms. Any modification of the Terms will be effective immediately for new Users of the Website and will be effective thirty (30) days after the publication of the new Terms for existing Users. If you do not agree to the new Terms, your sole remedy is to cease using the Website and Service. Otherwise, your continued use of the Website will constitute acceptance of the change(s).

2. Definitions

Candidate: any individual who registers on the Website seeking professional opportunities for fixed-term contracts or permanent contracts.

Interview Request: A message sent by the Employer to a Candidate to notify the Candidate of the Employer’s interest. An Interview Request is not binding and does not create any contractual obligations for the Candidate and/or the Employer.

Employer: any organization that registers on the Website that is interested in employing a Candidate.

Terms: these terms and conditions.

Visibility Process: the period during which Employers can make Interview Requests to Candidates

Website: the website https://www.raibay.com

User: a registered user of the Website. A User can be a Candidate or an Employer.

You: any visitor to this Website

Description of the Service

3.1 For Candidates

RaiBay is an online service that connects Prospective Employees with Employers. As a Candidate, you have the opportunity to find employment in a transparent manner by allowing multiple Employers to send you Interview Requests before you even begin the interview process. The use of RaiBay.com is totally free for Candidates. The Visibility Process is non-binding and does not create any contractual obligations between the Employer and you. It is designed to maximize your value in the market and to attract multiple Employers effectively, quickly and without obligation. It is important to note that not all users of our Site will qualify to join RaiBay, we pre-screen Prospective Employees to ensure that they are qualified.

3.2 For Employers

As an Employer, you have the opportunity to find qualified talent and reduce the costs involved with hiring and retaining such talent.

You may send job offer to any Prospective Employees that you feel may be a fit to your company. However, these job offers do not create final employment contract.

3.3 Verification

RaiBay does not conduct any investigations into the experience of its Users and does not perform any verification of the statements made by Users; however, RaiBay.com reserves the right to carry out any such checks or to use any other valid means by using publicly available information. Therefore, Users are responsible for investigations, or any other means of due diligence, required before any employment or other engagement to verify the qualities, experience and references of Candidates and the suitability of Employers.

4. Registration

By creating an account on the Website, you agree to provide accurate, truthful, complete and current information. If you provide false, inaccurate, out-dated or incomplete information, RaiBay.com has the right to suspend or terminate your account. You are responsible for all activities that occur on your account.

You also agree not to create an account using a false identity or false information, or on behalf of someone else. You must not have more than one account and must not register or use the Website if you have already been banned from the Website.

You agree not to create an account or use the Site or Service if You have been previously removed by Raibay.com, or if You have been previously banned from the Site or Service.

By joining RaiBay You agree to the processing your personal data by entities specified in the Terms and Conditions and the Privacy Policy for the needs necessary to implement the recruitment process in accordance with the Act of 29.08.97 on the Protection of Personal Data Nb. 133/883 and from 25/05/2018 it will be Art. 6 par. 1 lit. Regulation of the European Parliament and of the (EU) Council 2016/679.

4.1 Candidates

To use RaiBay.com as a Candidate you must register and create a profile. Use of the Website and the Service is free for Candidates. Upon registration, we may ask you to provide information such as your name, email address, education, professional experience, skills and other information that we consider relevant.

In addition, you agree to provide any proof of identity that we may require from you. We may also allow you to use a third-party service such as Facebook, Google, GitHub, LinkedIn or Twitter to register. If you do so, you confirm that the information contained in such third-party services is current and accurate and can be used for the purpose of your registration under these Terms.

We will review the information you provide us with during the registration process and we may also examine any other information about you that is publicly available. We reserve the right, at our sole discretion, to accept or reject your registration. If your registration is accepted, you will be allowed to use our Service.

After registering we will prescreen your qualifications, if you have the requisite experience and meet our quality standards, you will then be allowed to join RaiBay.

Prospective Employees agree that all information submitted to us is truthful and correct. Additionally, as a Prospective Employee you may only create one account and agree to keep all account information confidential and secret.

4.2 Employer

To use RaiBay.com as an Employer, you must also register. Registration is free. When registering, we may ask for additional information about your organization and the types of Candidates you are seeking. We will review the information you have provided to us during the registration process and any other publicly available information. We remind you that in order to create an account on the Website, you must confirm that you have authorization from your Employer. We reserve the right to verify that you have such authorization.

Once the registration form has been validated, you will receive an email to the address provided to confirm creation of your account.

We reserve the right, at our sole discretion, to accept or refuse your registration to use our Website. If your registration is accepted, you will be allowed to receive profiles of Candidates and have the opportunity to send them Interview Requests.

5. Your password

You are strongly advised not to choose a password constituting a common word and to alternate numbers and letters. It is your responsibility to change your password regularly. You are solely responsible for your password and the use made of it. You shall not share it with anyone else and not to allow other people to use your RaiBay.com account. You agree that entering your email address and your password is proof of your identity.

6. Your responsibilities

You are responsible for your use of RaiBay.com and for any use of RaiBay.com made using your profile. You agree not to access, copy, distribute or to disclose any part of the Website by any means whatsoever, or otherwise use RaiBay.com, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by RaiBay.com. Remember when using RaiBay.com we ask you to act reasonably and responsibly with others, your continued access to our Site and use of our Service are contingent on your agreement to act in a proper manner. When using our Site and Service:

1. You agree to act within the bounds of common decency when using our website;

2. You agree not to stalk, harass, bully or harm another individual;

3. You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;

4. You agree not to violate any requirements, procedures, policies or regulations of networks connected to RaiBay.com;

5. You agree not to interfere with or disrupt RaiBay.com ;

6. You agree not to hack or phish us or other members or users;

7. You agree to provide truthful and accurate content;

8. You agree to not violate any law or regulation and you are responsible for such violations;

9. You will not use our website to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent, content or information or post any information or content about a company or individual;

10. You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party’s website, such as by requesting its removal from a search engine;

11. You will not infringe upon anybody’s intellectual property unless you have permission from the owner to use it in the specific manner that you used it;

12. You are expressly prohibited from accessing RaiBay.com through a virtual private network or by proxy;

13. You agree that you will not scrape, store or screen capture any Prospective Employee or Employer profiles;

14. You agree to take the appropriate physical, technical and administrative measures to protect the content that you obtain when using the Website and Service from loss, misuse, unauthorized access, disclosure, alteration or destruction.

15. You agree not to sell or transfer your account to third parties;

16. You agree not to implement practices that could appear to be spam, such as the promotion of a website via fake links, or the promotion of your own website or business by publishing advertising messages in your profile.

17. You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service

18. You will not attempt to reverse engineer all or part of the Site or the Service, or the software which is not provided to You and which is not licensed to You, and is merely remotely used by You in the internal operation of the Site or the Service without any other license to use such software per se.

19. You agree to keep all information gained from using our Site confidential. As an Employer, you agree that you will not disclose the names or identities of any Prospective Employees listed in search, outside of your recruiting or hiring department. As a Prospective Employee, you agree not to post, publicly disclose or disseminate any job offers gained through our Site.

RaiBay.com may terminate your account for violating one or more of your responsibilities, for violating applicable local law, any other provision in this Agreement, the Privacy Policy or for any other lawful purpose or at our discretion, with or without notice.

You may notify at any time RaiBay.com if you think that an Interview Request, profile, message or any other visible content on the Website, is manifestly unlawful or in breach of these Terms, by sending a message to the following address: [email protected]

Interview Request

7.1 The role of the Candidate

After a Candidate has registered and created a profile on RaiBay, a Candidate will be able to create a listing using software provided by us. Candidate are solely responsible for running their own profiles. Employers will then have the opportunity to send job offers to the Candidates. By creating a listing the Prospective Employee can see which Employers are interested in hiring him or her.Each Interview Request will include details of remuneration and a job description. The Candidate then has the option - not the obligation - to accept one or more Interview Requests. Acceptance of an Interview Request simply begins the traditional recruitment process (interviews, etc.).

Candidates agree to respond to each Interview Request sent by an Employer within a maximum of 48 hours after receipt.

The Candidate is not required to interview with any Employers that sent him/her job offer - all job offers sent by Employers through our Site and Service are non-binding. At the conclusion, the Candidate contact information will be disclosed to any Employers who have placed a job offer using the system. The Prospective Employee must use the RaiBay.com software when conducting an event and must comply with these Terms of Service and any other rules or instructions from RaiBay.com.

If the Candidate receives a written job offer from an Employer, the Candidate agrees to respond to the Employer within 48 hours.

In all cases, the Candidate must demonstrate professionalism and motivation both during the Visibility Period and during each interview with an Employer.

The Candidate should always make themselves available for any contact from the RaiBay.com team during the Visibility Period.

7.2 The role of the Employer

Employers can access the profiles of Candidates who match their search criteria. They may then make an Interview Request to one or more Candidates. If a Candidate accepts the Interview Request, the traditional recruitment process then begins (interviews, etc.). Once an Employer has discovered a Candidate on our Site or Service, they agree to communicate exclusively with the Prospective Employee through our Site and Service. The Employer and the Prospective Employee may use other means of communication during the hiring process. The Employer agrees not to attempt to circumvent our Site and Service by independently attempting to communicate and hire the Prospective Employee through alternative means after using our Service.

Adding Job offers - each Recruiter can add job offers on the website. The job offer should be detailed. Please add text for max 1 position for 1 offer. Remember to don't ask Candidate in the job offer/description to send CV or to contact via email, phone number, social media or other resources. Our Administration team may edit or block such job offers and If such situation will happen more often than RaiBay has the right to suspend or terminate your account. You are responsible for all activities that occur on your account.
 

7.3 The role of RaiBay.com

RaiBay.com provides a location and technical tools for Candidates to enable them to search for and contact Employers. The agreements established between Employers and Candidates do not bind RaiBay.com contractually. RaiBay.com has no obligation to enforce any agreement between Employer and Candidate. RaiBay.com is not involved in the formation of these agreements and cannot be held liable for any damages resulting from the enforcement or not of these agreements.

During the process the Candidate may choose which Employer, if any, they wish to interview with. Our tool is created to get Candidate in front of Employers by eliminating recruiters and pre-qualifying both parties.

8. Fees

8.1 The Candidate

RaiBay.com is free for Candidates. Candidates are required to notify RaiBay.com he/she accepts an offer of employment, whether permanent or for a fixed term, or any other offer for the engagement of the Candidate’s services from an Employer found through the Service.

8.2 The Employer

Please check our pricing page. >> pricing page

Employers are required to promptly notify RaiBay once a Candidate has accepted a Covered Offer.

 

9. Intellectual property

The RaiBay.com brand, consisting of the trade marks, whether registered or not, all the other marks, illustrations, images, texts, commentaries and logotypes appearing on the Website, whether registered or not, the general structure of the Website, as well as the text software, animated and still images, expertise, drawings, illustrations, database or any other elements comprising the Website, is and will continue to be, the exclusive property of RaiBay.com and its licensors.

The same applies to any copyright, design, utility certificate or patent which is the property of RaiBay.com. Any reproduction, in whole or in part, modification, extraction or utilization, for whatever reason and by whatever means, without the prior and express approval of RaiBay.com, is strictly forbidden.

10. Links to third party content

Links to other third party internet sites may be available on this Website. RaiBay.com has no control over these internet sites or their contents. The publication of links to such internet sites does not in any way imply that RaiBay.com approves of these sites, their contents or the products and services offered on them. You are solely responsible for using them.

We accept no responsibility for adverts contained within the Website. If you agree to purchase goods and/or services from any third party who advertises in the Website, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

11. Confidentiality

Confidentiality of login details and data

The User agrees to keep his/her password and other login details secret and to not divulge them in any form. In the event of the loss or theft of any of login details, the User must inform RaiBay.com immediately and in writing (by e-mail or letter with recorded delivery).

Confidentiality of the personal information of the User: personal information is the data pertaining to the User (postal and electronic address, occupation etc.) These details are exclusively for the management of the User Registration and for the commercial relationship between the Users and RaiBay.com. None of this information will ever be made available to a third party other than upon application by a court or a government authority or a competent judicial authority.

Users agree to keep confidential all information relating to other users that is provide to them or otherwise accessed by them through the Website and/or in relation to the Services.

12. Exclusion of liability

We shall (a) provide the Services with reasonable skill and care; (b) use industry standard virus detection software to try to block the uploading of content to the Website that contains viruses; and (c) subject to Condition 14 below provide you with access to the Website and the Services.

Save in relation to our obligations set out in above, the Services and the Website are provided on an “as is” basis. We do not warrant that a Candidate will find a job, nor that an Employer will fill a job nor that a Candidate will be suitable for a job vacancy, or an Employer suitable for a Candidate. To the maximum extent permitted by law (a) we disclaim all liability whatsoever, whether arising in contract, tort (including negligence or under statute) or otherwise in relation to the Website and the Services; and (b) all implied warranties, terms and conditions relating to the Website (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded.

We will not be liable, in contract, tort (including negligence or under statute) or otherwise, as a result of or in connection with the Website or the Services, for any (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); (b) loss of reputation; (c) loss of data; (d) special or indirect or consequential loss even if advised of the possibility of such losses; and/or (e) any loss arising from your failure to provide accurate and complete information when required to do so.

Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law.

13. Availability of the Service

We will use reasonable endeavours to make the Website available to you at all times. However, there may be occasions when access to the Website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You should promptly report any fault in the Website and/or the Services to [email protected] and we shall endeavour to remedy the fault as soon as reasonably practical.

14. Suspension and Termination

14.1 By RaiBay.com

If any User breaches any of his/her obligations under these Terms, RaiBay.com can suspend or terminate his/her account and his/her right to use the Service at any time without notice.

14.2 By the User

If you wish to terminate your account, you can contact our Administration Team at [email protected] .

If it is no longer possible for the User to connect to the internet, he/she could terminate the account by sending a letter with recorded delivery to RaiBay.com.

14.3 Consequences of Termination

Termination may result in the immediate deletion of all content that you have submitted to RaiBay.com. RaiBay.com will not be held responsible for the suspension or termination, including the loss of your content. All the provisions of these Terms which, by their nature, should continue to apply after cancellation, are applicable after cancellation, including, without limitation, the terms and conditions on ownership, the terms and conditions on recruitment fees, exclusion of liability, indemnity and limitation of liability.

15. Publicity

RaiBay owns the right to use all logos including Employers logos, company name, link to the website which are included in the Content published by an Employer as soon as Employers enable the Content to be displayed on the Site through the action of their Users.

16. General

RaiBay.com reserves the right to subcontract in whole or in part, its obligations under these Terms.

These Terms (as amended from time to time) constitute the entire agreement between us concerning your use of the Website to the exclusion of all other terms and conditions including any terms or conditions which you purport to apply.

You may not assign your rights or obligations under these Terms.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms are governed by the laws of Poland and any dispute about the validity, interpretation or termination of the Terms will be subject to the exclusive jurisdiction of the courts of Poland.

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