Art. 1. This document contains the terms and conditions of using the online platform www.lkwjobs.com and placing service orders through the online platform and represents a contract between PRO LKW SRL, hereinafter referred to as ” LKW ” and the User .
Art. 2. Aspects regarding the confidentiality and processing of personal data are governed by the privacy policy (“Privacy Policy”), with which this document is supplemented. LKW recommends reading the Privacy Policy in its entirety beforehand.
Art. 3. Validity of the contract. Binding force
3.1. Browsing the online platform implies the express acceptance by any user of these terms and conditions and the Privacy Policy. We recommend reading these carefully. If you do not agree with the Terms and Conditions, please do not use the www.lkwjobs.com online platform.
3.2. Creating an account and/or placing an order for services offered by LKW and completing their provision by LKW represents a valid contract concluded between the latter and the User. According to art. 1270, para. 1 of the Civil Code, “the valid concluded contract has the force of law between the contracting parties”, they not being able to prevail subsequently due to ignorance of the content of the Terms and Conditions, of other documents or the addendum with this document is completed, due to ignorance of the legislation in force or of their own blame
3.3. Browsing the online platform www.lkwjobs.com and/or placing an order is equivalent to the recognition and confirmation by the User that he has read the Terms and Conditions in advance, that he has been informed by LKW representatives of any uncertainty in relation to , but not limited to this document, other documents with which it is completed, the legislation in force that governs the provision of services by LKW, the obligations of the parties according to the Terms and Conditions, consumer rights, etc., the User may no longer invoke after the creation of an account and/ or the placing of an order and the provision of services by LKW, the fact that he was not informed or that he proceeded with the order without having all the information or clarifications, in the presence of which he would not have contracted the services offered by LKW.
3.4. By placing an order and completing the provision of services by LKW, the User confirms that each and every clause in this document has been analyzed, without prejudice to the provisions of the Civil Code regarding standard and unusual clauses. The user expressly acknowledges that he has fully understood and that he fully and unreservedly assumes the Terms and Conditions and confirms that none of the clauses of this document is and will not be considered “unusual clause” according to art. 1203 of the Civil Code.
Art. 4. LKW reserves the right to modify the terms and conditions at any time, the updated form can be accessed in the “Terms and conditions” section on www.lkwjobs.com. Each and every relationship between LKW and the User will be governed by the Terms and Conditions from the moment of accessing the online platform and/or placing the order. LKW can at any time adhere to codes of conduct regarding the activity of providing services, bringing this fact to the attention of potential users and ensuring the possibility for the user to effectively consult these codes.
Art.5. Explanation of terms
The following terms shall have the meanings below, unless expressly provided otherwise:
- “Services” – any and all services to be provided by LKW to the user, as a result of the concluded contract.
- “Features” – the specifications of the services as specified in the description displayed on the online platform.
- “User” – the natural/legal person who accesses the online platform www.lkwjobs.com, creates an account and/or places a request/order for the provision of services offered by LKW.
- “Account” – the section of the online platform containing information about the User (candidate or company), the history of orders, invoices, etc., a section accessible to a single User by using identification credentials (e-mail address and password) and which allows user to change information and/or place online orders to LKW.
- “Contract” – the consensual and remote agreement concluded between LKW and the User, in the absence of the simultaneous physical presence of the parties, regarding the services provided by LKW on the online platform, in compliance with the legal provisions and the terms and conditions for the online provision of LKW services . These conditions represent a contract between LKW and the Website User regarding both the use of the website and the purchase of services through it.
- “Confidential Information” – any and all information (personal data, price offers, discounts, promotions, etc.) related to the contracting parties and/or their representatives or agents or to this contract, of which the parties become aware before or after date of conclusion of the contract.
- “Newsletter” – electronic means (e-mail, SMS) and periodical of information, regarding LKW’s services and/or promotions, in a certain period, without any commitment from LKW with reference to the information contained in this.
- “Operation / Transaction” – the transaction consisting in the payment by the user and the collection by LKW of the amount of money related to the services provided by LKW and purchased by the User.
“Online Platform” – the website owned by LKW having the domain www.lkwjobs.com and using LKW logos, through which the services provided are presented and users can opt for the services they want to purchase and paid in one of the payment methods accepted by LKW. Also, the online platform is used for creating and registering user accounts, subscribing to newsletters and processing and managing user orders in order to register their related payments. - “Request/Order” – a user request or order placed through the online platform through which the User expresses his intention to contract and the commitment to purchase one or more services, under the conditions set out in this document and/or agreed with LKW through any means of remote communication, including but not limited to SMS, Whatsapp messages, Facebook-Messenger, email, Tawk, Instagram, phone call, etc.
Art. 6. Account registration.
6.1. By using the Online Platform, the User understands and agrees to transmit personal data to LKW, these data will be processed in accordance with and for the purposes set out in the Privacy Policy, which complements these Terms and Conditions. Accessing the online platform in order to make a request or place an order is allowed to any potential User who intends to purchase one or more services from LKW, in compliance with these provisions. It is prohibited to misuse the online platform in a way that is contrary to commercial practices and applicable law or in any other way that would be likely to harm LKW in any way.
6.2. LKW reserves the right to deny potential users access to the functions of the online platform and to restrict the creation of accounts, registration, processing and/or provision of one or more services, whenever LKW considers that there are suspicions of fraud on the part of to the potential User, if he has manifestations likely to harm the interests of LKW or if he uses the online platform abusively, without any prior notification in this regard.
6.3. LKW has the discretionary right not to honor service orders for illegal and immoral purposes, informing the User of this and returning their value (if the User has paid them in advance, in full or in part or presented proof of payment to LKW) . LKW reserves the right not to honor service orders also if the User does not follow the detailed instructions on the online platform regarding placing an order.
6.4. By registering an order and using/accessing the online platform, the User accepts and agrees to the form of remote communication (telephone, sms or e-mail, Whatsapp text messages, Facebook-Messenger, Tawk, Instagram) through which LKW carries out its operations and the entire activity.
Art. 7. LKW services
7.1. LKW will make all reasonable efforts to ensure the correctness of the information regarding the services provided, their specifications, stock and related costs presented on the online platform. All the information used to describe the services offered for provision do not impose any obligation on LKW, they have an exclusive role of presentation and information. If the costs or any other details related to the specifications of the services have been erroneously displayed on the online platform, for any reason, the user will be informed by LKW as soon as possible about such error.
7.2. The online platform www.lkwjobs.com is hosted by a third party’s servers. LKW will not be held responsible for any errors that appear on the online platform, regardless of the reasons for their occurrence, including changes to the site, settings, or updates to programmed scripts, nor will it be held responsible for errors that occur due to the use certain browsers to visit the site. LKW is not held liable for any damage caused by any technical malfunctions of the online platform.
7.3. LKW can publish on the online platform information about the services and promotions practiced, in a certain period of time and according to its own commercial policy.
7.4. For justified reasons (including, but not limited to, suspected fraud on the part of the user, non-payment or the technical impossibility of the online platform to display or provide the respective services), LKW reserves the right to cancel the order placed by the User or not responds to his request, meaning that the latter will be notified of the change, giving him the option to accept or reject the order change. If the User refuses, the order is considered cancelled, and the parties will be restored to the situation before the order was issued, without LKW having any liability towards the User. LKW reserves the right to cancel or not honor the order placed by the user, with simultaneous or subsequent notification to the latter and without such cancellation incurring any liability of LKW. LKW reserves the right to limit the placing of orders to a maximum number for each user, the number being independently determined solely by LKW.
7.6. The order is accepted and the contract is considered concluded between the parties when the user receives from LKW, via e-mail and/or SMS, the notification regarding the successful payment of the services. Payment for the services provided can be made exclusively according to the instructions displayed on the website, including but not limited to payment via online cards or bank transfer, etc. The contract includes both these terms and conditions and any subsequent agreements entered into between the User and LKW regarding an order, regardless of whether or not they are contained in an electronic document or on physical support (including, but not limited to any and all agreements between LKW and the user regarding the services provided, personalized orders, discounts, reductions, promotional campaigns, etc.).
7.7. LKW provides the user with an e-mail address in the “Contact” section on the website, for the identification and correction of errors occurring during data entry. As a rule, communication with LKW will be done through the addresses mentioned in the “Contact” section or the phone numbers displayed.
7.8. LKW reserves the discretionary right to carry out operations to modify, maintain, improve, repair the online platform, with prior and written notification to the Beneficiary, these operations may entail limited restriction of access to the site.
7.9. Whenever there are site malfunctions, LKW will act immediately, within the limits of available resources and when access is not facilitated due to its fault or as a result of its control, to resolve the inconveniences. At the same time, the user accepts that, in the event of site malfunctions that are under LKW’s control, their remedy may take longer than 72 hours.
Art. 8. Intellectual property. Limitation of liability
8.1. Trade names, trademarks, copyrights and any other intellectual property rights claimed to belong to LKW, registered or in the process of being registered, in connection with the services or website owned or used by LKW are and will remain the exclusive property of LKW , The user understands and acknowledges that he will not have any rights or claims regarding them. The user will not act in any way that could infringe the aforementioned rights and undertakes not to use in his activity any sign or name similar or identical to brands, trade names of services, names and content of promotional campaigns, editing formats and/ or design, whether as part of a name or otherwise.
8.2. LKW exclusively owns all intellectual property rights – copyright, trademark rights, industrial design rights, as well as all rights to concepts, ideas, know-how, methods, solutions, techniques, processes and adaptations of the services provided throughout the duration of its activity. Any information available on the online platform www.lkwjobs.com, which can be viewed or accessed in any way as well as any information communicated to the user through any and all means of communication by a representative of LKW are and remain the exclusive property of LKW, the User shall not can copy, transfer and/or use this information and is not allowed to copy, publish, distribute, transfer to third parties, modify in any way, use, expose, include any content from the online platform or documents emanating from LKW, in any context other than that originally intended by LKW, the inclusion of any content other than those intended, the removal of insignia, brands, logos, etc. which signifies the copyright of LKW over the content of the online platform, photos and specifications/descriptions of services or documents belonging to LKW, the latter reserving the right to recover any and all direct, indirect, present and future damages caused, the impossibility or the failure of LKW to exercise or enforce any right conferred by this contract shall not be deemed to be a waiver of such right and shall not subsequently operate as a prohibition of the exercise or enforcement of that right.
8.4. LKW is not held liable for any damages caused to the user or any third party as a result of fulfilling any of its obligations, nor for damages resulting from improper use of the services by the user or third parties. In this sense, LKW will not be liable for losses of any kind in connection with the services provided.
8.5. Neither LKW nor the User shall be held liable for failure to perform contractual obligations if such failure to perform timely and/or properly, in whole or in part, is caused by a force majeure event. If, within 5 (five) days from the occurrence of the force majeure event, that event does not cease, any of the parties will have the right to notify the other party of the full termination of the contract without any of them being able to claim damages from the other- interests
Art. 9. Online Payment and Billing
9.1. The prices of the services displayed on the online platform are expressed in Lei and include VAT. The final prices of the services for are those displayed on the website at the time of completing an order. LKW reserves the discretion to update the prices of the Services at any time, and such update will supersede any prices previously displayed.
9.2. By making the online payment for our services/products, the user expresses his explicit consent to receive the corresponding invoice through the electronic means available on our platform. After successfully completing the online payment, the user will automatically receive the tax invoice related to the transaction in electronic format to the email address provided in the payment process or to his account created on our platform.
9.3. The tax invoice will contain detailed information regarding the services/products purchased, their value, and any other details relevant to the transaction.
9.4. The user is responsible for verifying the correctness of the data in the received invoice and for immediately notifying our platform in case of any discrepancies or errors.
9.5. It is the user’s responsibility to retain the received invoice in electronic format for their personal use and future reference.
9.6. Our platform will also keep a copy of the invoice issued in the user’s account on the platform, accessible in the transaction history section or in the section dedicated to invoices.
9.7. In the case of subsequent changes to the transaction or its cancellation, the user will receive a corresponding notification and, as the case may be, a new version of the invoice adjusted according to the changes that have occurred.
9.8. By making the online payment, the user confirms that he has read, understood and accepted the automatic invoicing method and undertakes to comply with the terms and conditions associated with this process.
9.9. The user declares that he understands and accepts that, in the case of online payments, LKW is not and cannot be held responsible for any other costs incurred by the user in addition to the total cost of the services purchased including, but not limited to, commissions of currency conversion or transfer carried out by the issuing bank of the user’s card.
Art. 10. Creation of the Candidate account
10.1. The candidate can create a user account on our online platform to access the available services, including applying to job advertisements.
10.2. In order to create the account, the candidate must provide valid and complete information as required by our platform, including name, email address, and any other data required for registration.
10.3. The candidate will receive a confirmation of account registration via the email address provided and will be responsible for the security and confidentiality of the login data.
User’s responsibility
10.4. The Candidate is responsible for the information provided during account registration and must ensure that it is correct and up to date.
10.5. The candidate will promptly notify our online platform of any change in the information provided when creating the account.
Access to Account
10.6. Access to the user account is allowed only to the candidate who created it, and it is forbidden to share the login details with third parties. The Candidate will take steps to keep the login details confidential and will not allow others to access or use their account.
10.7. The candidate is responsible for any activity carried out through his user account. The Candidate will immediately notify our online platform of any unauthorized use of their account or any breach of account security.
Closing the Account
10.8. The candidate has the right to request the closure of his account at any time. Our online platform may close or suspend the candidate’s account in case of violation of the terms and conditions of use or in justified circumstances.
Changes to Terms and Conditions
10.9. Our online platform reserves the right to change or update the terms and conditions of use and the candidate will be informed about such changes accordingly. By creating and using the online account, the candidate confirms that he has read, understood and accepted the terms and conditions of use of our online platform for creating the candidate account.
Art. 11. Creating the Companies account
11.1. The employer can create an account on our online platform to access the services offered in the field of recruitment and to post job advertisements.
11.2. In order to create the account, the employer must provide accurate and complete information as required by our platform, including company name, email address and any other information required for registration.
11.3. After completing the registration process, the employer will receive a confirmation of account creation and will be responsible for maintaining the confidentiality of the login data.
11.4. The employer is responsible for the information provided during account registration and must ensure that it is accurate and current. Access to the employer account is allowed exclusively to the person who created it, and sharing login details with third parties is prohibited. The employer is responsible for any activity carried out through its user account.
11.5. Employer will promptly notify our online platform of any changes to the information provided during account registration. Employer will immediately notify our online platform of any unauthorized use of their account or any breach of account security.
Access to the employer account is allowed exclusively to the person who created it, and sharing login details with third parties is prohibited.
11.6. The Employer will take steps to keep the login data confidential and will not allow others to access or use its account.
11.7. The employer has the right to request the closure of his account at any time. LKW may close or suspend the employer’s account in case of violation of the terms and conditions of use or in justified circumstances.
11.8. LKW reserves the right to change or update the terms and conditions of use and the employer will be informed of such changes accordingly. By creating and using the online account, the employer confirms that he has read, understood and accepted the terms and conditions of use of our online platform for creating the employer account.
Art. 12. Privacy & GDPR
12.1. LKW is a personal data operator, according to EU Regulation 679/2016 and processes users’ personal data in compliance with the legislation in force, their rights and in accordance with the existing privacy policy on the website www.lkwjobs.com.
12.2. Marketing- The User may express his consent to receive commercial messages by electronic mail, allowing LKW to carry out such communications, by accepting these terms and conditions and/or the privacy policy. At the same time, the User can revoke the consent at any time by sending a written request to LKW at the e-mail address privacy@lkwjobs.com , in which case the revocation will take effect within 24 hours at most from the request being sent and its confirmation by LKW , by removing the user from the list of subscribers.
12.3. LKW undertakes and guarantees to maintain the confidentiality of all information of which it is aware, including personal data, to prevent its disclosure to third parties and not to use it for purposes other than those intended, except for those previously authorized in writing by and subject to the terms and conditions. Information may be made available either in writing, in visually readable form or electronically or by other forms of electronic transmission or orally and may be marked as confidential or not.
12.4. The following are not considered confidential: i. information that is or has become public in any way; ii. information made available to LKW on a non-confidential basis, from a source other than the User that LKW believes is not prohibited from disclosing such information and in relation to which the User has not demonstrated contradictory behavior; iii. information that is known to LKW before it is received from the User; iv. any other information.
12.5. The User shall not disclose the information received from LKW to any third party, otherwise LKW reserves the right to take action against the User for any present and future damages caused.
These Terms and Conditions constitute the entire agreement between the parties and supersede any prior understandings between the parties. The parties agree that no communication between the parties may modify this agreement unless made in writing and accepted by any means of communication.
All communications made pursuant to the contract take place by means of electronic mail to the e-mail addresses communicated by the parties, but they may also use other means of communication provided by law (by mail, courier, telephone call, text messages, etc.).