Terms and conditions

All HR Needs In One Place

1. WHAT ARE THESE TERMS AND CONDITIONS?

This document represents an agreement between:

You, in capacity as user of the mobile application One2One (the “Application”), (the “User” or the “Employee”), and
THE COMPANY ELITE SEARCHERS SRL, with its registered office in Bucharest, District 1, 20 – 22 Av. George Valentin Bibescu St., Building XI/1, Entrance 1, Foor 1, Apt. 6, registered with the Trade Register under no. J40/7182/2018, Fiscal Identification Code RO 39387680, having the e-mail address sorina.faier@elitesearchers.ro and telephone no. +40722460696, duly represented by Sorina Faier, in capacity as General Manager (the “Company” or the “Employer”). The Company may be mentioned in these Terms and Conditions as “we”, “us” or “our”.

The document contains the terms and conditions of use of the Application (“Terms and Conditions”) and represents the contract governing the relationship between the User and the Company.

By downloading the Application from the App Store or Google Play or creating an account in order to use the Application, the User confirms that he/she has read and agrees to these Terms and Conditions, which become applicable to him/her.

Any access to or use of the Application constitutes full and unconditional acceptance of the Terms and Conditions.

If the User does not agree with any of the provisions of the Terms and Conditions, the User shall immediately cease all access and/or use of the Application.

By accepting these Terms and Conditions, the User certifies that he/she has full capacity to conclude legal acts according to Romanian law.

The User shall not use the Application for any purpose that is illegal or prohibited by these Terms and Conditions.

2. ABOUT US

The Company supports improving and maintaining a high level of Employee satisfaction and engagement within the organization and aims to boost Employee job performance for the benefit of the organization by creating and maintaining an Employee-Employer relationship through online methods using state-of-the-art technologies. The Application is part of a project developed to improve the relationship and collaboration between the Employer and HR staff, on the one hand, and Employees on the other hand, by creating an interactive link between them, including through online interactions and providing feedback in various campaigns organized by the Company (the “Project”).

3. PROJECT DESCRIPTION

The purpose of using the Application is to create a centralised and easily accessible environment that facilitates interactions between the Employer and its Employees through technology.

The purpose of the Application is to facilitate Employee access to the Employer’s communication campaigns and to mediate and stimulate communication between the Employee and the Employer in order to improve working relationships, including Employee involvement in day-to-day activities for the benefit of the Company, by providing incentives and the possibility of generating feedback from Employees, so that, through the delivery of dedicated reports, the Company has visibility on relevant aspects of work performance (the “Services”).

As part of the various campaigns conducted through the Application, the Company provides Users with certain questionnaires that they can fill in and send to the Employer together with their answers. Based on the options selected in the questionnaire, Users can benefit from a dynamic reward. The conditions for running campaigns will be displayed within the Application.

Access and use of the Application by Employees is free of charge.

4. USER ACCOUNT AND AUTHENTICATION INFORMATION

In order to use the Application, the User shall download the Application from the App Store / Google Play and set up an account by registering his/her e-mail address, date of birth and a password (e-mail address and password will hereinafter be referred to as “Login Information”). At the time of account creation, the User will be asked to consent to and accept these Terms and Conditions and to be informed of the Privacy Policy. Consent will also be requested separately for regular information on campaigns or promotions (newsletter). The user will be informed about the creation of the account by an e-mail sent to the address provided upon registration.

The User agrees to take all necessary measures to protect the Login Information and keep it secret. The User agrees not to disclose the Login Information to any other person nor to allow any other person to use the Login Information or access his/her account.

If the User is unable to ensure the secrecy of the Login Information or if the User shares such details or account with someone else (intentionally or unintentionally), the User agrees to bear full responsibility for the consequences of doing so and agrees to indemnify the Company in full for any loss or damage suffered as a result. The Company shall not be liable for any loss that the User suffers as a result of unauthorized access to his/her account on the Application and shall not accept any responsibility for any loss or damage resulting from such access, whether fraudulent or not.

In order to use our Services, we collect certain personal data. Details of the processing of this personal data are available in our Privacy Policy, available at here. By submitting any personal data via the Application you agree that such data will be processed in accordance with the provisions of our Privacy Policy.

5. USERS’ OBLIGATIONS

The application is intended exclusively for the Employer and its Employees.

The User confirms that he/she will not allow the general public access to the Application or to the materials available in the Application.

The User warrants that all information he/she provides in connection with the use of the Application is true, accurate and complete at all times. The User undertakes to update all information provided in the event of any change in such information.

The User undertakes not to upload, communicate, transmit or make available any information:

which is or could reasonably be considered illegal, harassing, defamatory, obscene or which offends a social value granted by law;
which is or could reasonably be considered a breach of a third party’s right of privacy;
which is likely or could reasonably be considered likely to incite racial or ethnic violence or hatred;
which he or she is not legally entitled to have (such as privileged or confidential information);
which infringes any intellectual property or other proprietary right of a third party;
relating to unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
containing viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

The User undertakes:

not to create and not to use more than one account in the Application;
not to use the e-mail address or telephone number of another person or entity to create an account on the Application;

not to use the Application for fraudulent or abusive purposes;
not to collect, process or store any information about or on other persons using the Application, including, but without limitation to, any personal data or
information (including by uploading programs that collect information, including, but wthout limitation to, cookies, “pixel tags” , “gifs” or similar items) that are referred to as “spyware” or “PCM” (passive collection mechanisms);
not to attempt to sell or transfer an account or any part of an account;
to comply with any requirements or regulations regarding any network connected to the Application;
to comply with the specific Apple Store, Google Play etc. Terms and Conditions at the time of installation of the Application;
not to use the Application in a manner contrary to law;
not to use the Application in a manner contrary to these Terms and Conditions.

6. INTELLECTUAL PROPERTY RIGHTS

For the purpose of these Terms and Conditions, “Intellectual Property Rights” means any intellectual property rights as defined anywhere in the world, including, but without limitation to, copyright, related rights, trademark rights, brands, geographical indications rights, geographical indications, industrial design rights, industrial designs, sui-generis database rights, confidential information rights, domain name rights, and any other intellectual property rights (registered or unregistered) worldwide.

All Intellectual Property Rights in the Application belong exclusively to the Company and are protected by intellectual property laws. The Company grants the User a non-exclusive and non-transferable right of use of the Application in the territory of Romania, free of charge, for the duration of its use.

With the exception of the right of use described in paragraph 6.2 above, no other right, title, guarantee, licence or Intellectual Property Right is granted to the User on the Application. It is prohibited to copy, take over, reproduce, publish, transmit, sell, distribute in whole or in part, in full or amended, the content of the Application or any part thereof, for any purpose other than personal use.

7. REWARD PROVISIONS

In order to obtain incentives (money, days off, other benefits), the User must successfully complete participation in a survey, usually by completing a dedicated
campaign questionnaire. No purchase is required to participate in campaigns run by the Employer. Incentives may vary from campaign to campaign and are displayed in the Application prior to entering the relevant survey.

The User’s participation in a campaign may be suspended, modified or terminated by the Company with relevant notice, and any incentives earned may be cancelled or suspended, in the event of abuse or breach of the rules, regulations, terms and conditions or misrepresentation by the User. The Company shall have no liability to the User in such circumstances.

8. LIABILITY AND COMPENSATION

Breach of obligations by the User gives the Company the right to suspend the User’s access to the Application as well as the right to cancel the User’s account, upon notice, without the need for any further formal notice of delay to the User or other formalities.

The User undertakes to repair any damage caused to the Company by non-compliance with the Terms and Conditions.

Any attempt by the User to use the Application fraudulently, abusively, illegally or against the provisions of the Terms and Conditions or against the interests of the Company or other persons affiliated with them shall entitle the Company to interrupt or suspend the User’s right to access all or part of the Application for a period of time decided at its discretion.

The Company cannot be held liable for any damage or loss of any kind suffered by the User as a result of using the Application.

The Application is distributed on an “as is” and “as available” basis without any representation or promotion made and without warranty of any kind express or
implied. The Company makes no warranty that the operation of the Application will be uninterrupted or error-free, that defects will be corrected, or that these or the server that makes them available are free of viruses or other items that may be harmful or destructive.

The Company shall not be liable for any delay or error in the use of the Application resulting directly or indirectly from causes beyond our control, including acts of God or force majeure. This disclaimer includes, but is not limited to: malfunctions of technical equipment related to the Application, failure of the Internet connection to work, failure of telephone connections to work, computer viruses, unauthorized access to the Application’s systems, operating errors, strikes etc.

The Company reserves the right to be indemnified or held harmless, together with its employees and agents, from any and all legal liability or charge, damage, loss, cost and any other expense in relation to claims or actions brought against the Company arising out of any breach by Users of the Terms and Conditions or other liabilities arising out of the use of the Application.

The Application may include links to third party websites which are controlled and operated by others. Any link to another website is not an endorsement of that website, and you acknowledge this fact and are aware that we take no responsibility for the content or availability of such websites.

The content of the Application cannot be considered as a recommendation and should not be taken into account for decision-making purposes.

9. OTHER CLAUSES

The User understands and agrees that the Company may assign its rights and obligations under these Terms and Conditions, in whole or in part, to third parties at any time without the User's prior consent. The User may not assign the rights and obligations arising from the Terms and Conditions without the Company’s prior written consent.

If a clause in the Terms and Conditions is deemed null and void or unenforceable by a court, that clause will be adapted in accordance with the law in force so as to reflect as far as possible the original intentions. If the clauses deemed null and void or unenforceable cannot be adapted, they will be removed from the application of the Terms and Conditions and the document will remain valid as to the rest of the provisions.

The Company is not obliged to exercise any rights conferred by the Terms and Conditions or by law, and failure to do so does not constitute a waiver of that right. Any waiver of such rights must be express, in writing and signed by the Company.

The Terms and Conditions shall be interpreted and governed in accordance with Romanian law. Any dispute arising out of or in connection with the Terms and
Conditions shall be settled by the courts of Bucharest, the place of performance, even in part, of the obligations under these Terms and Conditions.

The Terms and Conditions may be accessed at any time via the Application. The Terms and Conditions may be amended by us in accordance with our policy. The User will be notified by e-mail of any changes. If we change the Terms and Conditions, we will post the revised Terms and Conditions on the Application and will indicate the updated version by changing the “Latest Update” date at the top of the Terms and Conditions.
Users who wish to continue using the Application will expressly agree to the new Terms and Conditions.

The User agrees to these Terms and Conditions and confirms that he/she expressly agrees to all their provisions that may be subject to Articles 1202-1203 of the Civil Code.

If you have any questions or require clarification regarding the Terms and Conditions, please contact us by mail at Bucharest, District 1, 20 – 22 Av. George Valentin Bibescu St., Building XI/1, Entrance 1, Foor 1, Apt. 6 or e-mail at sorina.faier@elitesearchers.ro.

We will respond to your request as soon as possible.

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