TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use constitute a lawful agreement concluded between the company with the name SMARTCV PC (“SMARTCV”), with registered offices in Greece, in the Municipality of Athens, Attica, at 5, Zisiou Street, and you, hereinafter referred to as the “USER” for the sake of brevity. SMARTCV owns the SaaS (software as a service) product with the trade name SMARTCV (hereinafter the “Software”) and this website,  www.smartcv.co (hereinafter the “Website”). These Terms and Conditions of Use govern the User Licence concerning the above Software provided by SMARTCV to you via the Internet and the above Website.

INTRODUCTION

Please carefully review the following terms of use and conditions of access and use of the Website and of the Software. Use of the services of the Website and of the Software on your part shall be understood as unconditional acceptance of these terms, including any new details, additions or adjustments. If you disagree with all or part of these terms and conditions or do not comply with the specifications laid down, you may not use the Website and the Software. Depending on your capacity, as worker or employer, the corresponding individual terms and conditions shall apply. In the case of employers, a service provision agreement incorporating these terms and conditions as an integrated annex may have been concluded. These terms and conditions may be amended from time to time, and you must review them on a daily basis before using the Website and the Software. Use of this Website and of the Software after any such amendment to the Terms of Use shall signify that you accept the changes in question.

DEFINITIONS

The Website contains content and services that are provided.

“Content” shall mean all texts, graphics, the design and programming used on the Website.

“Design” shall mean the colour combinations and pagination of the Website.

“Programming” shall mean the user code (HTML, JavaScript, etc.) and the server code used on the Website.

“Document” shall mean any material uploaded to the Website by any user (Employment Details, curriculum vitae, accompanying letters, etc.).

“Employer” shall mean the natural or legal person who uses the website to post a notice of any vacant positions available or for any reason concerning finding workers.

"Graphics” shall mean all logos and graphic design elements of the Website.

“Prospective worker” shall mean the user who has the right to access the Website in order to find work.

“Services” shall mean all the services provided by the Website.

“Text” shall mean all the texts on every page of the Website.

“User” shall mean any natural or legal person using any part of the Website.

DESCRIPTION OF THE SOFTWARE/SERVICE . The Software is an innovative SaaS (“Software as a Service”) with combined capabilities for employers and workers, achieving effective and secure exchange of data and provision of information. The Software allows for the concentration of data from multiple sources, while allowing users to access and view all the said data.

The Website and the Software are addressed to job-seekers and employers seeking prospective workers. Use of this Website and of the Software is acceptable only if conducted in an honest manner and for legitimate purposes. For prospective workers interested in finding work, use of the Website and of the Software is not exclusive and may take place solely for personal use; selling or making the content available to third parties in any manner is not permitted. Prospective workers are exclusively responsible for the content of any document published on the Website, and shall be held exclusively liable for any criminal or civil liability arising on these grounds. For employers interested in finding workers, use of the Website and of the Software is not exclusive and may take place solely for internal professional use by prospective workers. Interested employers are exclusively responsible for their use and any documents uploaded, and shall be held exclusively liable for any criminal or civil liability arising on these grounds.

COPYRIGHT. With the exception of the content published by users, SMARTCV enjoys copyright over all the remaining content of the Website and of the Website and of the Software. Copyright over the information, software, technologies that support the operation of the Software shall remain under the ownership of SMARTCV in perpetuity, and licence to use the foregoing shall not be transferred or otherwise ceded to the Users in any way, nor shall Users obtain any rights thereon.

TRADEMARK INFORMATION : All designs, texts, logos, distinguishing features, drawings, images, the design and structure of the application, distinguishing features, etc. are established and protected copyright and/or industrial property rights of the company with the name SMARTCV. The SMARTCV logo is a trademark of SMARTCV. You agree not to display or otherwise use the trademarks of SMARTCV without its prior approval.

NON-PROVISION OF ADVICE: The information provided via the Software and the Website must not be considered advice on any matter, and does not constitute recommendations or suggestions. SMARTCV is not involved in any manner whatsoever in the contractual relationship created between workers and employers and any anomalies therein.

MEMBER ACCOUNT, PASSWORD AND SECURITY. Prior to completing their registration, Users must accept these terms of use and the privacy policy “as is”, in accordance with the instructions provided during registration. By accepting the foregoing, Users acknowledge that they have read and taken full and unreserved cognisance of the entire content hereof and of the privacy policy, have understood them in full, and unreservedly accept them in full “as is”. If Users do not accept any term or terms hereof, whether in part or in whole, they must abstain from accepting them and using the Software and the Website. Access to the Software service(s) requires entering a username and password. In order to create your account, you must contact SMARTCV to launch the account activation process; you are fully responsible for your account and activating your access to the Software services remains at your discretion. You will receive details concerning the activation and creation of your password at the e-mail address you indicating during your registration. You will first receive an e-mail containing your username and account activation details, followed by a second e-mail with a security code that will allow you to proceed to the next step, which is the creation of a password. You must keep your password and other general account details secret, and are fully responsible for any activity carried out using your password or account. You agree to notify SMARTCV immediately of any unauthorised use of your password or account, and of any other security breach. SMARTCV is not and cannot be held liable for any damage or losses incurred due to non-compliance on your part with the contents of these Terms of Use.

PERSONAL DATA MANAGEMENT : Click here

RIGHTS - OBLIGATIONS OF USERS. Users accept, acknowledge and agree that they will use the Software and the Website lawfully and appropriately, being subject, inter alia, to legislation concerning the transmission of data from Greece to EU Member States and third countries. As such, Users agree that they will not use the Software and the Website for purposes that include but are not limited to:

A) Transmitting or accessing information that:

i) infringes any third-party rights (e.g. copyright and industrial property rights);

ii) infringes the personality rights of third parties (e.g. slanderous, racist content);

iii) contravenes the law, morality and good commercial practice;

iv) violates the privacy and individual and social rights of third parties in any manner.

B) Misleading any party with regard to the origin of the content of the Software and of the Website, injuring the reputation of the owners or third parties in any manner, endangering the security of their network, impeding any visitor from accessing the Software and the Website.

C) Installing and promoting any unauthorised advertisement or spam messages, pyramid schemes or any other form of spam content promotion in any manner, as well as installing and promoting advertisements.

D) Installing, promoting and/or providing content containing software viruses or any other electronic code, files or programmes designed to interfere with, destroy or limit the operation of any software or telecommunications equipment, or impeding other visitors from using the Software and the Website.

In any case of use of the Website that is illegal or runs contrary to these Terms of Use, Users shall indemnify SMARTCV against any actual and consequential losses it incurs. Non-exercise of the rights hereunder by the beneficiaries shall not constitute a waiver of said rights.

Software Users acquire a non-exclusive and non-transferable right to use the Software for the purpose of using its individual functions, on the term and condition that they comply with all the terms hereof. Users are not permitted to reverse engineer, reconstruct the source or object code, decompile or disassemble the Software.

The Software has been designed for and is intended to be used solely and exclusively by the single registered User. The Software user licence is personal, non-transferable and shall remain in effect for the term agreed upon pursuant to a relevant agreement. Given the foregoing, Users are expressly prohibited from enabling third parties to access and/or use the Software, from authorising third parties to make use of all or part of the Software, whether or not on a temporary basis, or from subletting, reselling or making the Software available in any manner to third parties.

DOCUMENT RULES. (a) Your document may not contain (i) URL addresses or references to websites other than your own or third parties for advertising or other purposes, save personal pages on social networking media. (ii) Material that infringes the copyright of third parties, personal data or other rights of third parties. (iii) material that is pornographic, obscene, false, defamatory, threatening, disturbing, inaccurate, offensive, violent, sexual or abusive. (b) You may not use your documents (i) to impersonate another person (whether or not living, whether real or fictional); (ii) to place false, inaccurate or misleading information on the Website; (iii) to place advertisements; (iv) to place chain letters; (v) to place views or announcements, whether commercial or other. (c) SMARTCV is not responsible for or obligated to check the documents published and placed on the Website, while other parties may randomly review them. Any documents found to infringe the above rules may be removed by SMARTCV at its discretion.

OTHER RULES. (a) It is prohibited to send spam e-mail messages. (b) You must protect your password. You are responsible for keeping your password and information confidential. You are also responsible for any use carried out through the account your registered, whether or not you have authorised such use. If other persons use your password to publish inappropriate material, you are at risk of having your access deleted. You agree to notify SMARTCV of any unauthorised use of your account and password. (c) Users are prohibited from breaching or attempting to breach the security of the Website. System breaches or network security may lead to civil or criminal liability. SMARTCV shall investigate incidents that may be related to such breaches, and may cooperate with the police authorities to prosecute any users related to such breaches.

OBLIGATIONS OF SMARTCV. SMARTCV shall provide the services agreed upon either pursuant to a signed agreement or pursuant to user licences, and shall provide or suspend access in accordance with the terms set forth herein or in agreements.

WARRANTIES - DISCLAIMER . You have been made aware and expressly agree that: you fully undertake liability for use of the Software and of the Website. The content and services are provided “as is” and “as available”. To the fullest extent allowed by the legislation in force, SMARTCV expressly waives all warranties, conditions and other terms of any kind, whether explicit or implicit, including but not limited to tacit terms concerning merchantability, satisfactory quality, unsuitability for a specific purpose and any term concerning the provision of services at a normal level of reasonable service and capabilities or with regard to non-infringement of copyright.

LIMITATION OF LIABILITY OF SMARTCV. SMARTCV makes the Website and the Software available to prospective workers so that they can seek jobs and identify potential employers, and to employers so that they can identify prospective workers. SMARTCV does not carry out any control whatsoever on the conduct or credibility of users or the content of the documents uploaded by users. Users make decisions exclusively according to their own criteria with regard to the information received from the content of the Website and of the Software, and SMARTCV bears no liability whatsoever for user actions resulting from the information received via the Website and the Software. If SMARTCV becomes aware in any manner that any document or action is not in line with these terms, it may take the measures it deems appropriate at its unfettered discretion. SMARTCV makes no warranties whatsoever towards any party regarding the content of the Website and the services of its Software. SMARTCV shall make every possible effort to ensure the continual availability and functionality of the Website and of the Software, but cannot make any such warranty and, therefore, cannot be held liable for any damage or losses incurred by users in this respect. Furthermore, SMARTCV shall endeavour to prevent the existence of viruses and any unauthorised access to the personal information of users and documents, but cannot make any such warranty and, therefore, cannot be held liable for any damage or losses incurred by users in this respect. Save the warranties expressly referred to herein, the Website and the Software function “as is”, with no additional warranties of any kind. SMARTCV’s overall liability, contractual, tortious (including negligence or ultra vires), for misleading information, indemnification of losses or anything else with respect to the performance hereof shall be limited to the total amount paid by users under the agreement. SMARTCV shall not be held liable towards users for any financial losses, lost profits, loss of or reduced clientèle or anything else, whether direct, indirect or consequential, or claims for consequential losses of any kind (however they may arise).

SMARTCV neither warrants nor holds out that (i) the Software services will meet your requirements; (ii) the Software services will be uninterrupted, timely, secure or error-free; (iii) the results that may be received from using the Software services will be accurate or reliable; (iv) the quality of the products, services, information or other material you purchase or obtain through the Software services will meet your expectations; and (v) any errors in the Software will be corrected. You receive or otherwise obtain any material by using the Software services at your own discretion and risk, and you shall bear exclusive liability for any damage to your computer system or for data loss as a result of receiving such material.

LIMITATION OF LIABILITY . You have been made aware and expressly agree that SMARTCV shall not be held liable for any direct, indirect, incidental, extraordinary, consequential or punitive damage, including but not limited to damage from loss of profit, goodwill, use, data or other intangible losses (even if SMARTCV has been made aware of the likelihood of such damage) resulting from: (i) use or inability to use the services; (ii) the cost of procuring substitute goods and services resulting from goods, data, information or services purchased or acquired or messages received or transactions introduced by or through these services; (iii) unauthorised access to transmissions or your data or changes thereto; (iv) declarations or actions by any third party involving the services; or (v) any other issue relating to the services. You agree that, irrespective of any provision or law that provides otherwise, any claim or basis for an action resulting from or related to use of the services or these terms of use must be officially notified within one (1) year of the date said claim or basis for an action arose, otherwise shall be permanently time-barred.

DATA SECURITY & SAFEKEEPING. SMARTCV is bound to ensure the privacy, security and discretion of the personal data and information entered by Users and, to this end, has taken all the necessary technical measures to protect data, in accordance with its commitments under the law, with the clarifications set forth herein.

SMARTCV adopts and applies all technologies necessary to provide reasonable assurance of the security and continual provision of the Software services without interruption and/or interference; however, use of the Software is subject to use and availability of suitable network connections. SMARTCV shall not be held liable if the Software is affected by events beyond its reasonable control, and undertakes no liability whatsoever if Users incur losses that are due to loss, alteration or destruction of data for which SMARTCV is not at fault or that are due to errors or failures of the security systems or malicious third-party actions.

Given that the Service is provided electronically via the Internet, all the information entered into the Software shall be stored on the server of SMARTCV and/or its third-party associates, and Users consent to and expressly authorise SMARTCV in this respect.

TECHNICAL SUPPORT. SMARTCV provides support on the use and functioning of the Software service, and users can contact SMARTCV directly as the service provider. Queries concerning use of the Website and of the Software shall be addressed in the form of comments. Notifications to SMARTCV can be sent at the address indicated on the Website, while notifications to you shall be sent to the address you have declared or any other address reasonably set by SMARTCV as your appropriate address.

LINKS. Links to third-party websites give rise to no liability whatsoever on the part of SMARTCV and are provided exclusively in order to provide you with better services. If you decide to access these websites, you do so at your responsibility.

INDEMNIFICATION. You agree to defend and indemnify SMARTCV (its managers, employees and representatives) and to intervene in favour of and against claims, appeals and third-party claims (including costs, damages and court costs, without limitation) as a result of any document you have uploaded to the Website that infringes third-party rights (including defamation or copyright infringement) or as a result of non-compliance on your part with the legislation in force.

FORCE MAJEURE. The parties shall not be held liable towards each other for breach, inability or delay in the performance of their obligations hereunder for reasons and causes due to the occurrence of a force majeure event. If force majeure events occur, the obligation to provide the Service shall be suspended if it is impossible or excessively onerous for SMARTCV, until such time as the events that caused this inability have ended. Force majeure shall mean any event beyond the will of the parties that is objectively unforeseeable and cannot be prevented even under measures of extreme diligence and prudence, and includes but is not limited to: war, unrest, natural disasters, fire, explosion, sabotage, embargo, strikes and acts by Greek, EU or other authorities.

FINAL PROVISIONS. Nullity of a specific term hereof shall not adversely affect the validity of the remaining terms; the specific term in question shall automatically cease to apply. Any non-exercise or delayed exercise of a specific right or term deriving from this document on the part of SMARTCV shall not constitute a waiver of said right or term. The headings of the articles and paragraphs hereof are provided solely for reasons of facility and shall not affect its interpretation.

TERMINATION . If you are an employer or worker, you can terminate this agreement at any time by means of a written notification to SMARTCV, and SMARTCV can terminate this agreement at any time by means of a written notification to you. Furthermore, SMARTCV may suspend your access to the Website and to the Software for as long as it deems expedient to protect its interests or the interests of a different user, without being obligated to notify you in advance.

CONTACT. For any clarification or information regarding use of the Service, users can contact the company with the name ‘SMARTCV P.C.’, with registered offices in Greece, in the Municipality of Athens, Attica, at 5, Zisiou Street, Tel.: +30 210 2208711, e-mail: hello@smartcv.co

APPLICABLE LAW

1. These terms and conditions are governed by the provisions of Greek law, as in force from time to time, and interpreted according to the rules of good faith, good commercial practice and the social and economic purpose of the right.
2. The courts of Athens shall have jurisdiction to resolve any dispute arising in relation hereto.