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Terms and conditions
TERMS OF USE HireQ App USAGE REGULATIONS
HireQ App is an application (hereinafter: “HireQ App” or “HireQ App Platform”) that allows users to easily search for job offers and apply for them, while simultaneously monitoring the status of the submitted application and accessing a database of industry articles. The HireQ App Platform offers the service of browsing job offers made available on the HireQ App Platform according to criteria selected by the user, creating a user profile by entering personal data, applying for job offers chosen by the user, monitoring the status of submitted applications, and notifying the user about the change of application status via push notifications (hereinafter collectively: “Functionalities”). A detailed description of the Functionalities can be found on our website: www.hireqapp.com
The operator of the HireQ App Platform is Hi-Re limited liability company with its registered office in Krakow, at ul. Józefa Marcika 6, 30-443 Krakow, entered into the register of entrepreneurs of the National Court Register under number KRS 0000767479, whose registration documents are kept by the District Court for Krakow-Śródmieście in Krakow, XI Commercial Division of the National Court Register, holding NIP: 6793181837 and REGON: 382352390, with share capital in the amount of 5,000.00 PLN (hereinafter: “Hi-Re”).
These Regulations (hereinafter: “Regulations”) specify the terms of use of the HireQ App Platform by individuals interested in job offers (hereinafter: “Users”) published within the HireQ App Platform.
The provisions of these Regulations specify the conditions and procedure for creating User accounts and using the Services by Users within dedicated accounts on the HireQ App Platform (hereinafter: “User Account”).
Using the HireQ App Platform by the User requires unconditional acceptance of the content of these Regulations and all further conditions, procedures, instructions, and guidelines, including the Privacy Policy, available on the website www.hireqapp.com (hereinafter collectively: “Agreement”).
Please read these Regulations carefully before using the HireQ App Platform and the Services offered within it. Commencement of the use of the HireQ App Platform through the created User Account will mean confirmation of acquaintance with the content of the Agreement and acceptance of all its provisions, thereby entering into a legally binding Agreement with Hi-Re.
These Regulations may be periodically updated. We will keep Users informed of these changes. The latest version of these Regulations can be found in the “Regulations” section of the HireQ App.
Detailed information on the processing of personal data related to the Services can be found in the Privacy Policy section “Privacy Policy” in the HireQ App.
- DEFINITIONS
1.1. Unless explicitly stated otherwise, the terms used in the content of these Regulations will have the following meanings:
1.1.1. “Functionalities” means collectively the functional capabilities and options available to Users through the HireQ App Platform.
1.1.2. “Hi-Re” (hereinafter also: “We”, “Company”) means the limited liability company with its registered office in Krakow, at ul. Józefa Marcika 6, 30-443 Krakow, entered into the register of entrepreneurs of the National Court Register under number KRS 0000767479, whose registration documents are kept by the District Court for Krakow-Śródmieście in Krakow, XI Commercial Division of the National Court Register, holding NIP: 6793181837 and REGON: 382352390, with share capital in the amount of 5,000.00 PLN.
1.1.3. “User” means an individual interested in job offers published on the HireQ App Platform, holding a User Account on the HireQ App Platform.
1.1.4. “User Account” means a dedicated part of the HireQ App Platform, along with a set of IT solutions, enabling the User to use the Functionalities intended for them within the HireQ App Platform.
1.1.5. “Premium Account” means a User Account along with an additional range of paid IT and technical solutions, enabling the User to use the Functionalities intended for them within the specified account of the HireQ App Platform.
1.1.6. “License” means a non-exclusive, non-transferable (including without the right to sublicense) limited license, described in section 9 of the Regulations, granted to Users for the use of Hi-Re’s intellectual property rights within the HireQ App Platform via the User Account.
1.1.7. “HireQ App Platform” means the entirety of IT solutions and Functionalities within the HireQ App website and mobile application, available to holders of User Accounts and Premium Accounts, operated by Hi-Re.
1.1.8. “Regulations” means these Regulations for the use of the HireQ App Platform.
1.1.9. “Registration” means the creation of a User Account for the User within the HireQ App Platform.
1.1.10. “Force Majeure” means an event independent of the will of the Party, preventing the performance of its obligations under the Agreement in whole or in part, permanently or temporarily, which the Party could not foresee or prevent, or counteract the event or its effects with due diligence. Force majeure events include in particular (provided they meet the conditions specified in the previous sentence):
(i) natural disasters, including fire, flood, earthquake, hurricane, epidemics;
(ii) acts of state authority, including martial law, state of emergency, embargoes, blockades, etc.;
(iii) acts of war, acts of sabotage, terrorist acts; (iv) widespread strikes and lockouts or other social unrest, including public demonstrations.
1.1.11. “Parties” means the parties to the Agreement, i.e., Hi-Re and the User (as well as each of them individually referred to as “Party”).
1.1.12. “HireQ App Website” means the HireQ App website available at: www.hireqapp.com
1.1.13. “Agreement” means the agreement concluded by the User with Hi-Re, under which Hi-Re will enable the User to use the User Account and grant them the License, in accordance with the provisions of these Regulations and any other relevant documents, including, inter alia, the Privacy Policy.
1.1.14. “User Content” means all data and information, including text, photographs, graphics, video recordings, and other data provided by the User on the HireQ App Platform for the use described in these Regulations, related to the proper use of the HireQ App Platform.
1.1.15. “Partner” means an entity independent of Hi-Re, responsible for providing services under specific conditions, accessible through the HireQ App Platform.
- AGREEMENT
2.1. The condition for using the Functionalities offered within the HireQ App Platform is the conclusion of an Agreement with Hi-Re.
2.2. The Agreement with Hi-Re is concluded as a result of the User’s acceptance of all the provisions of these Regulations, as well as any other relevant documents, and by performing the first login to the HireQ App Platform.
2.3. In connection with the conclusion of the Agreement and Registration, Hi-Re undertakes to provide the User with access to the appropriate Functionalities within the HireQ App Platform, either through the User Account or the Premium Account, and to ensure access to the appropriate scope of Services for the selected Account.
2.4. Hi-Re is an information society service provider and does not provide employment mediation services or any other services of a similar nature and purpose. In the course of providing job offer sharing services, enabling applications for job offers, and providing information on the status of job applications to the User, Hi-Re and the entities offering jobs remain independent legal entities.
- TECHNICAL REQUIREMENTS
3.1. Services offered through the HireQ App Platform are provided electronically via the Internet and are subject to all limitations related to the use of this network.
3.2. Hi-Re does not guarantee uninterrupted access to the HireQ App Platform at a specific time or place.
3.3. Hi-Re does not guarantee the proper operation of the HireQ App Platform on all available versions of operating systems. Using the HireQ App Platform requires at least the following technical requirements to be met:
3.3.1. uninterrupted Internet access;
3.3.2. operating system:
3.3.2.1. Android
3.3.2.2. iOS
3.3.3. downloading and installing the current version of the HireQ App on the device.
- USER ACCOUNT
4.1. Concluding the Agreement and gaining access to the Functionalities by the User requires Registration – creating a User Account within the HireQ App Platform. Registration will enable identity verification and allow access and management of resources made available within the HireQ App Platform.
4.2. User Account Registration is performed via the HireQ App Platform.
4.3. The User gains access to the HireQ App Platform through the login panel by entering the login and password specified during the Registration process.
4.4. In connection with the use of the HireQ App Platform, the User is solely responsible for the User Content and any actions taken using the User Account, as well as for ensuring the security of passwords or other actions necessary to verify identity. The User undertakes, in particular, to: 4.4.1. keep the login data to the User Account (username and password) confidential and properly secured; 4.4.2. not share the User Account with third parties; 4.4.3. prevent third parties from using the User Account.
Hi-Re is not responsible for any damages incurred due to the User’s failure to comply with the above obligations.
4.5. Failure to provide information required during the Registration process will prevent User Account Registration and the User from using the Services.
4.6. The User declares and guarantees that all information provided by them in connection with the Registration is complete and truthful, and in the event of a change in circumstances, they undertake to update it immediately so that the available data is complete, current, and truthful throughout the duration of the Agreement.
4.7. The Registration process is completed when the User receives a confirmation of the User Account Registration.
- PREMIUM ACCOUNT
5.1. The Premium Account service is available to all Users of the HireQ App Platform who have completed the registration process on the HireQ App Platform and have an active User Account. The Premium Account includes all Functionalities available to holders of the User Account and additional services such as:
5.1.1. 24-hour Call Center – 24-hour technical support service;
5.1.2. Premium Content – access to verified legal information typically provided only by legal teams;
5.1.3. Premium Job Offers – job offer suggestions tailored to the User’s specified needs and requirements;
5.1.4. Full Settlement – full support from Hi-Re specialists in the process of preparing documentation required for legal settlement in Poland;
5.1.5. Push Notifications – notifications containing important and useful information for the User.
5.1.6. Direct Application – a one-time opportunity to apply for a job with a guaranteed response from the employment offeror.
5.2. By agreeing to the following terms, the User enters into an Agreement for a paid Premium Account and undertakes to pay the activation fee for the Premium Account. The activation of the User’s Premium Account may also occur through the User’s selection of Hi-Re Partner services. In the case of the User’s selection of Hi-Re Partner services, the activation fee may change.
5.3. The conclusion of the Premium Account Agreement occurs when Hi-Re confirms the order for the Premium Account by the User clicking the “Place Order” field and committing to pay the activation fee for the Premium Account.
5.4. By entering into the Premium Account Agreement, the User confirms that the data used at the time of placing the order for Premium Account activation is true.
5.5. The Premium Account Agreement is concluded for an indefinite period.
5.6. The activation fee must be paid by the User in advance. The User can choose the payment method for the Premium Account activation from those offered by Hi-Re during the order process.
5.7. After concluding the Premium Account Agreement, the User will receive an electronic message confirming its conclusion.
5.8. The termination of the Premium Account Agreement may occur at any time by submitting a termination statement by the User to Hi-Re in document form. To properly identify the User, protect against abuse, and effectively terminate the Premium Account Agreement, the User’s termination statement must include the following data:
5.8.1. User’s first and last name;
5.8.2. username;
5.8.3. the country where they use the HireQ App;
5.8.4. email address registered on the HireQ App Platform.
5.9. The termination statement should be submitted to Hi-Re using the functionalities provided to the User on the HireQ App Platform or sent to: hello@hi-re.pl. Upon the effective submission of the User’s termination statement, Hi-Re will delete the User’s Premium Account. The User retains full access to the free version of the User Account.
5.10. Deleting the User’s profile is not equivalent to the submission of the Premium Account Agreement termination statement. Deleting the User’s profile is equivalent to the User resigning from the paid service. As a result of deleting the User’s profile, the User is not entitled to any refund of the fee paid for the Premium Account activation on the HireQ App.
5.11. The costs incurred by the User in connection with the activation of the Premium Account on the HireQ App are non-refundable.
- FUNCTIONALITIES
6.1. As part of the access granted to the HireQ App Platform, we undertake to use due diligence to ensure that Users are provided with Functionalities in line with the information contained on the HireQ App Website and in these Regulations.
6.2. Within the HireQ App Platform, the User may use the following Functionalities, which may vary in the case of activating the Premium Account:
6.2.1. browsing job offers according to selected criteria;
6.2.2. entering User information and using the profile created based on it in the process of applying for available job offers;
6.2.3. entering identification documents to facilitate the recruitment process for job offers and employment;
6.2.4. receiving notifications about the status of submitted applications for available job offers.
6.2.5. Using the HireQ App Platform by Users is subject to fees specified in the Service Agreement (Premium Account).
6.3. If necessary, in connection with ensuring the entirety of services provided for by the Agreement, it may be necessary for Hi-Re to access the User Account, modify existing settings, data sets, and make other modifications based on User instructions, mutual agreements, or communications presented to Users via the HireQ App Platform.
- USER CONTENT
7.1. The User is solely responsible for the User Content.
7.2. By placing User Content on the HireQ App Platform, the User:
7.2.1. declares in relation to each element of the User Content that they hold all rights, including proprietary copyrights and related rights, as well as necessary authorizations concerning fields of exploitation allowing, in accordance with the law, to grant Hi-Re a license as specified below, and that the User Content does not infringe on the rights and personal rights of third parties, and its availability on the HireQ App Platform and use according to the below license will not constitute an act of unfair competition.
7.2.2. grants Hi-Re a non-exclusive, perpetual, free license to use the User Content or part thereof worldwide, on all fields of exploitation necessary to perform the obligations under the Agreement and ensure the proper functioning of the HireQ App Platform, including, in particular, fixation and reproduction by digital, analog technique, introduction into the memory of electronic devices, introduction into the computer network, placing on the market, lending, renting, leasing, disseminating the work in a manner other than specified above – public availability in such a way that everyone can access the User Content at a place and time of their choice, broadcasting, re-broadcasting, displaying, introducing into databases, and playing.
7.2.3. irrevocably consents and irrevocably authorizes Hi-Re to make changes to the User Content in the manner that Hi-Re deems necessary or helpful to achieve the expected effect consistent with the purpose of the HireQ App Platform, to mark or not mark the User Content with the author’s name and surname, to decide on the first public availability of the User Content, to supervise the way the User Content is used and to provide authorial supervision.
The above license remains in effect despite the termination or expiration of the Agreement for any reason or despite the deletion of the User Account.
7.3. User Content must not violate the law, personal rights, or principles of social coexistence. In particular, it is prohibited to use vulgar and offensive expressions, refer to private and family life, or call for the use of violence or hatred, including racial, religious, or ethnic hatred, or against sexual minorities. It is also prohibited to publish defamatory content, infringe third-party rights, including copyrights, trademarks, patents, trade secrets, and materials that are illegal.
7.4. It is prohibited to place advertising materials or materials for marketing purposes (including those containing product or service placement), links to websites, as well as information that has the nature of manipulation, so-called fake news, and contradicts the purpose of the HireQ App Platform in User Content.
7.5. Hi-Re reserves the right to refuse publication or remove published User Content if, in Hi-Re’s opinion, it does not comply with the requirements of these Regulations or legal provisions. Hi-Re may determine detailed guidelines and conditions regarding the content and form of User Content at its discretion and may change them depending on the circumstances.
7.6. Hi-Re is not responsible for User Content.
- PERSONAL DATA
8.1. To effectively perform the obligations arising from the concluded Agreement, Hi-Re is entitled to collect and process personal data belonging to Users to the extent necessary for the performance of the Agreement and verification of how Users use the HireQ App Platform, including User data provided by Users during Registration. Collected personal data may also be processed automatically, using cookies, tags, or other methods of processing and verifying data.
8.2. Processing of personal data by Hi-Re is carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter: “GDPR”), the Act of 10 May 2019 on the protection of personal data (i.e., as of 30 August 2019, Journal of Laws of 2019, item 1781, hereinafter: “Personal Data Protection Act”), the Privacy Policy (available at: www.hireqapp.com/privacy-policy), and other applicable legal provisions.
8.3. Hi-Re is not responsible for the processing of personal data by advertisers in connection with their recruitment process and agreements concluded with Users.
8.4. Notwithstanding the above, the advertiser is obliged to ensure that the processing of Users’ personal data is carried out in accordance with the GDPR, the Personal Data Protection Act, and other applicable legal provisions.
- TECHNICAL SUPPORT
9.1. Hi-Re provides technical support in connection with operational and technical issues related to the HireQ App Platform during regular business hours (i.e., 10:00 – 18:00 on business days), except for Users using the Premium Account.
9.2. The support mentioned above is provided by responding to questions submitted to Hi-Re via the User Account or by email.
- LIMITED USER LICENSE
10.1. The HireQ App Platform and all its elements belong to Hi-Re and its licensors. Hi-Re and its licensors remain the owners of the HireQ App Platform when the User gains access and uses the HireQ App Platform.
10.2. As part of and to perform the Agreement, Hi-Re grants the User a non-exclusive and non-transferable License to use Hi-Re’s intellectual property rights within the HireQ App Platform via the User Account for the duration of the Agreement.
10.3. The HireQ App Platform contains a job offer database. The exclusive rights of the database producer belong to Hi-Re. By using the HireQ App Platform, you are entitled to use the database only to the extent necessary to use the Functionalities.
10.4. Except in cases of obtaining explicit and separate authorization from Hi-Re in writing (under the penalty of nullity), you may not:
(i) change, modify, reverse engineer, decompile or attempt to obtain any source code from the HireQ App Platform (to the extent not prohibited by applicable law),
(ii) permanently or temporarily reproduce elements of the HireQ App Platform in whole or in part by any means and in any form (to the extent not prohibited by applicable law),
(iii) modify, adapt, translate or create derivative works or based on any element of the HireQ App Platform. Furthermore, you may not use the HireQ App Platform for unlawful purposes, gain access to all or part of the Platform to build a service competitive to the HireQ App Platform, or attempt to gain or help third parties gain unauthorized access to the HireQ App Platform.
- LIABILITY
11.1. The HireQ App Platform is designed to facilitate applying for job offers and monitoring the status of submitted applications. Hi-Re’s role is limited to providing the User with the HireQ App Platform and Functionalities and performing other obligations directly resulting from the Service Agreement. The Agreement is a contract for due diligence. The User is solely responsible for how they use the HireQ App Platform.
11.2. Using the HireQ App Platform depends on having appropriate devices and software, allowing access to the Internet, email, and a web browser or using a mobile application. The User is responsible for meeting the above technical requirements, including purchasing any necessary equipment or software required to use the HireQ App Platform in the specified manner.
11.3. Hi-Re is not liable for damages resulting from the use of the HireQ App Platform arising from:
11.3.1. improper use of the HireQ App Platform;
11.3.2. technical failures, defects, and interruptions in the operation of the HireQ App Platform;
11.3.3. events caused by force majeure;
11.3.4. the results of the recruitment process;
11.3.5. the truthfulness and accuracy of data, information, and documents provided by the User;
11.3.6. the truthfulness and accuracy of data, information, and advertisements published on the HireQ App Platform.
The indicated circumstances will not be considered a breach of the Agreement by Hi-Re.
11.4. The HireQ App Platform is operated by Hi-Re sp. z o.o., with its registered office located within the Republic of Poland. The offer for using the HireQ App Platform and Functionalities applies within the territory of the Republic of Poland. Hi-Re makes no representations and does not guarantee that the Agreement complies with the laws of any third countries or that the services provided will be available and appropriate for Users from third countries. Users originating from or staying in third countries who decide to use the HireQ App Platform do so on their initiative and are solely responsible for compliance with local regulations as far as they may apply.
11.5. We make reasonable efforts to correct reported errors and inaccuracies. We continuously develop the HireQ App Platform. To this end, we may change and modify the HireQ App Platform by removing or adding Functionalities with or without separate notification. We will inform you of any such significant changes by posting notices within the HireQ App Platform or, where appropriate, in another manner.
11.6. Notwithstanding the above, the Functionalities are provided without any warranty. The Functionalities of the HireQ App Platform are made available on an “AS IS” and “AS AVAILABLE” basis.
11.7. Hi-Re does not guarantee that the HireQ App Platform will always function correctly, uninterruptedly, or free from any errors, defects, or inaccuracies or that errors, defects, or inaccuracies will be promptly corrected. Hi-Re reserves the right to interrupt access to the HireQ App Platform for maintenance purposes, both planned and in emergency situations. Hi-Re will make efforts to inform in advance about any planned interruptions in access to the HireQ App Platform. Hi-Re may periodically release updates to fix errors, defects, or inaccuracies in the HireQ App Platform or to improve the performance of the HireQ App Platform and/or enhance its efficiency. Hi-Re will notify you of any significant updates to the HireQ App Platform.
11.8. Except as expressly provided in these Regulations, all representations, warranties, disclaimers, and other conditions, express or implied, are hereby excluded to the fullest extent permitted by law.
11.9. Hi-Re does not guarantee that the use of the HireQ App Platform will achieve any specific individual goal of the User.
11.10. We do not assume or bear any responsibility for the actions or omissions of third parties or the operation of third-party products and services.
11.11. The failure to perform obligations under the Agreement by a Party due to the effects of force majeure will not be considered a breach of the Agreement. As far as possible under the circumstances, the Party affected by force majeure is obliged to notify the other Party immediately of the occurrence of force majeure, its cause, and the expected duration.
11.12. Hi-Re is not responsible for the consequences of non-performance or improper performance of obligations arising from the Agreement: (i) due to the User’s breach of the provisions of this Agreement; or (ii) if the information and data provided by the User are inconsistent with the actual or legal status, incomplete or imprecise; (iii) non-performance or improper performance of obligations arising from the Agreement if it is the result of circumstances attributable to the User or third parties, despite Hi-Re exercising due diligence.
11.13. Hi-Re – to the fullest extent permissible by law – is not responsible for the User’s failure to comply with applicable legal regulations or obtaining any necessary official decisions, approvals, and permits required for conducting a specified activity.
11.14. The User is fully responsible for damages resulting from violations of the law or damages caused by the User’s actions in connection with the use of the Services, in particular by providing false data, disclosing confidential information or trade secrets, violating personal rights, or copyrights or other intellectual property rights.
11.15. The User agrees to refrain from any actions that could negatively affect the good name and reputation of Hi-Re.
11.16. The User is obliged to ensure that the manner of fulfilling their obligations specified in the Agreement does not lead to the violation of third-party rights and/or does not expose Hi-Re to claims from other entities or sanctions from public authorities and institutions. The User hereby agrees to protect and indemnify Hi-Re and its partners, employees, associates, advisors, and legal successors from legal liability, all damages, costs, losses, or expenses arising from any claims, demands, or actions taken by any third party related to the User’s violation of the Agreement, applicable legal regulations, or third-party rights.
- COMPLAINTS
12.1. In the event of any reservations regarding the operation of the HireQ App Platform or the manner of performing Hi-Re’s obligations under the Agreement, including any errors, defects, or interruptions in access, as well as any other complaints related to the HireQ App Platform, the User may report this information to Hi-Re.
12.2. The relevant complaint can be submitted using the functionalities available on the HireQ App Platform or by sending an email to: hello@hi-re.pl.
12.3. If assistance is needed in connection with the HireQ App Platform, in particular in the event of any problems with using the HireQ App Platform, including any errors, defects, or interruptions in access, as well as any inquiries or complaints related to the HireQ App Platform, please contact the technical support team.
12.4. Hi-Re will consider each complaint as quickly as possible while maintaining the deadlines resulting from legal regulations. To expedite the complaint consideration, we recommend specifying all relevant circumstances of the matter and the expected manner of resolving the complaint.
12.5. The response to the complaint will be provided via the HireQ App Platform or email to the address associated with the User Account.
12.6. Hi-Re reserves the right to request additional explanations and specific information or documents from the User if necessary or helpful to effectively address the complaint. Hi-Re will make efforts to keep the User informed about the complaint consideration deadline and the status of the matter during the complaint consideration.
12.7. Any complaints regarding the content of advertisements published within the HireQ App Platform should be directed to the advertisers. Advertisers are responsible for handling complaints related to the published job offers and the recruitment process in accordance with applicable legal regulations.
13. Termination of the HireQ App Platform
13.1. In the event of termination of the activities of the HireQ App Platform, Hi-Re reserves the right to fully or partially suspend the operation of the HireQ App Platform and to suspend or delete the User’s Account.
13.2.Hi-Re will give one month’s notice of termination of the activities of the HireQ App Platform. Notification of termination of the activity of the HireQ App Platform is tantamount to termination of the Agreement.
14. APPLICABLE LAW
14.1. The Agreement and all legal relations and disputes arising therefrom or related to it, including the conclusion of the Agreement, its validity and effectiveness or the interpretation of individual provisions of the Agreement, shall be governed by the law of the Republic of Poland without reference to any conflict of law rules and rules of foreign law.
14.2. All activities and activities performed by the Parties under this Agreement shall be deemed to be performed in the territory of the Republic of Poland, regardless of the place of the actual stay of the User at the time of using the HireQ App Platform or taking other activities and activities related to the implementation of the subject of the Agreement. The user acknowledges and agrees to the above.
15. SETTLEMENT OF DISPUTES
15.1. In the event of a dispute between the Parties regarding the performance of the provisions of the Agreement, the Parties undertake to endeavor to resolve the resulting dispute amicably and to strive in good faith to reach an agreement. In the event of failure to reach an agreement within 30 (thirty) days from the date of sending by one of the Parties a summons for amicable settlement of the dispute, each of the Parties may pursue claims in the manner provided for in applicable law. The above provision shall apply to the fullest extent permitted by applicable law.
15.2. Subject to the following provision, any disputes arising out of or in connection with the Agreement shall be settled only by the common court in the Republic of Poland having jurisdiction over the seat of Hi-Re on the terms provided for by law, unless the Parties agree and expressly agree in a separate a written agreement (under pain of nullity) to submit the dispute to cognition agreed by the Parties of another common court or arbitration court. The parties are obliged not to disclose to third parties the occurrence of a dispute between them, its subject and course, both during attempts to settle the dispute at an amicable basis and after commencing proceedings before a common court or arbitration court.
15.3. In the case of Users who are consumers in the light of Polish law, the above point of the Regulations shall not apply, and any disputes arising from the Agreement or arising in connection with it will be resolved by the competent common court in the Republic of Poland on the terms provided for by law, provided that the Parties in accordance with decide in a separate agreement to submit the dispute to cognition as agreed by the parties to the arbitration court.
16. TRANSFER OF RIGHTS AND CONTRACTUAL OBLIGATIONS
16.1 The Party is not entitled to transfer the rights or obligations under the Agreement to third parties in whole or in part without the prior written consent of the other Party under pain of nullity, with the reservation, however, that the prior written consent of the User is not required in relation to Hi-Re in the case of disposal of substantially all or a significant part of Hi-Re’s assets, in particular the sale of Hi-Re (or its organized part), merger, consolidation, reorganization or other similar transaction of Polish or foreign law. In this case, Hi-Re is entitled to transfer the rights and obligations under the Agreement to a third party, with the proviso that Hi-Re will exercise due diligence to ensure the proper performance (continuation) of Hi-Re obligations resulting from the Agreements concluded, for which the User expresses consent under this provision through and upon the conclusion of the Agreement.
16.2 The above provisions regarding the possibility of transferring the rights and obligations from the Agreement without the consent of the Users should be interpreted in a way that gives them meaning in accordance with the mandatory provisions of law regarding, in particular, the protection of the rights and interests of consumers, taking into account justified reasons – the legitimate interests of Hi-Re justifying such transfer and due diligence to protect the interests of Users who should not be prejudiced in connection with the transfer of rights and obligations.
17. NO WAIVER
17.1.Non-performance or delay by a Party requesting the performance by the other Party of any provision of the Agreement, or a waiver or partial waiver of claims relating to any breach of the Agreement shall not prevent the subsequent enforcement of such provision and shall not be deemed a waiver of claims relating to subsequent breaches.
17.2 Any one-off or partial performance or failure to exercise or delay in the exercise of any right, authorization or remedy by any Party shall not constitute a waiver by that Party from, nor will it weaken or exclude any further exercise of this or other right, authorization or remedy. resulting from the Agreement or otherwise.
18. CHARACTER OF COOPERATION
18.1. The agreement does not constitute a civil partnership, joint venture or other agreement of a similar nature and does not create a partnership or other organization within the meaning of applicable law.
18.2. Neither of the Parties is authorized to make any representations, incur obligations and conclude contracts, and act on behalf of the other Party under the Agreement.
19. ENTIRE AGREEMENT
19.1. The Agreement and the Agreement for the provision of services contain all arrangements of the Parties relating to the subject of the Agreement and the Agreement for the provision of services. They replace and exclude entirely prior contracts, agreements, arrangements and arrangements between the Parties, both written and oral, regarding the subject of the Agreement and the Agreement for the provision of services.
20. FORM, SEVERABILITY
20.1. If any of the provisions of the Agreement (including the Regulations) are deemed invalid, ineffective, unenforceable or otherwise defective:
20.1.1. It is understood that it will be understood, to the extent possible, as worded and limited in such a way that it can be considered valid and effective, or will be replaced under the Agreement by valid and non-defective provisions, the content of which and the legal effects should be as similar as possible in terms of their effects with respect to the provisions to be replaced, and the Parties to the Agreement agree to make all reasonable efforts to achieve the purpose of this provision by such new valid and enforceable provisions;
20.1.2. In the event that the above is not possible, all other conditions and obligations contained in the Agreement (including the Regulations) will remain in full force, except to the extent that they are dependent on or subordinate to each other, i.e. The contract shall remain in full force and effect with respect to the remaining provisions and will be interpreted in any event as if such invalid, unenforceable, ineffective or defective provision had been omitted.
21.BINDING POWER
21.1. The agreement serves only the interests of its parties and their successors and assigns. Nothing expressly or impliedly set out in the Agreement shall confer or be construed as giving any entity outside the Parties any rights thereunder.
22. COMMUNICATION
22.1.Communication between the Parties will be conducted primarily via the HireQ App Platform or e-mail to the addresses indicated by the User and Hi-Re for correspondence. Messages via the HireQ App Platform or e-mail sent to the addresses provided by the Parties are deemed to have been received by the recipient at the time of shipment.
22.2. With regard to the address data of the Parties (in particular e-mail address and physical address for the transmission of traditional correspondence), the Parties undertake to immediately notify about changes in delivery addresses, under pain of considering delivery to the last address for delivery indicated as effective.
22.3. The User acknowledges that communication by Hi-Re regarding issues arising from or related to the Agreement will be conducted in the Polish language. In the absence of sufficient knowledge of the Polish language, the User is obliged to provide, on his own and at his own expense, an appropriate translation into another language known to the User.
23 CHANGES
23.1.Hi-Re may make changes to the content of these Regulations in the future, if it is necessary due to the occurrence of an important reason, such as in particular: change of the law or the manner of their interpretation by courts or other competent authorities and institutions, extraordinary change of relations economic or social, causing unexpected difficulties in the performance of the service or a threat of gross loss, the need to adjust the provisions of the Regulations in connection with the observed gaps or the need to correct irregularities, and in other cases when Hi-Re deems it advisable.
23.2. In the event of changes to these Regulations that affect the rights or obligations of Users, Users will be notified of the change or amendments at least 14 (fourteen) days before their entry into force for the User. Notification of changes to the content of the Regulations may be sent by e-mail, by notification when logging in to the HireQ App Platform or otherwise. In the absence of the User’s objection to the entry into force of the amendment to the Regulations, it is considered that the User has consented to the amendment covered by the notification. If the User objects to the change, the change will not have any effect on the User, and the objection will terminate the Agreement. Using the HireQ App Platform after the effective date of amendments to the Regulations, constitutes acceptance of the changes by the User.
If you have any questions about these Regulations or want to contact us for any reason, write to us at: hello@hi-re.pl