TERMS AND CONDITIONS
The platform (website) www.workis.online is owned and operated by UAB „Workis“ and is provided for your use subject to the terms and conditions set out below. You are not allowed to re-sell, use, copy, monitor, display, download, reproduce or otherwise use any content or information, software, intellectual property, services available on our platform for any commercial or competitive activity or purpose.
1. Definitions
“Agreement“ – refers, collectively, to all the terms, conditions, notices contained or referenced in this document (“Terms and Conditions”) and all other operating rules, policies and procedures that we may publish from time to time on the website. You agree that by clicking “Log in”, “Confirm” (or similar), registering, accessing or using our services (described below), you are agreeing to enter into a legally binding agreement with us (even if you are using our services on behalf of a company). If you do not agree to this agreement, do not click “Log in” (or similar) and do not access or otherwise use any of our services. Your use of our services is also subject to our Privacy Policy and Cookie Policy.
“Us”, “we”, “our” – means UAB „Workis”, legal code 304427458, a limited liability company incorporated under the laws of the Republic of Lithuania, and having its registered address at Gediminas av. 26 LT-01104 Vilnius, Lithuania and its affiliates.
“Platform” or “Website” – means the website www.workis.online on which the service is made available and is owned, controlled, managed, maintained and/or hosted by us.
“Services” – means provision of online Platform by us to its registered users (users) for the purpose of temporary employment.
“Users” or “you” – registered users of the Website.
2. Users
2.1. Users may be: (1) natural persons 16 (sixteen) years of age or older; (2) legal persons.
2.2. However, despite requirements of the Article 2.1, if law requires that you must be older in order for us to lawfully provide the Services to you without parental consent (including using of your personal data) then the required minimum age under the law is such older age.
2.3. You must also meet the legal local requirements for temporary staff including, but not limited to legislation on the employment of foreigners.
2.4. When accepting these Terms and Conditions, Users approve that they have a right to use Services.
3. Your account
3.1. Your account will be created from the moment you click “Sign in” and continue until terminated. To use Services you must have Internet access and a ready device.
3.2. If you are a natural person (you are looking for a job):
3.2.1. You may sign up for the Platform by logging in as follows: (1) using your personal “Facebook” account; or (2) using your personal “Gmail” account;
3.2.2. In order to be able to apply for jobs listed on the Platform, you must: (1) properly fill in the "Profile" section; (2) provide a suitable photo of your medical certificate; (3) after the familiarization with the material on occupational safety and health, pass a submitted test. If the user undertaking chooses your candidacy, you will conclude a temporary employment agreement with us using the Platform. This agreement must be accompanied by your electronic signature;
3.2.3. In addition to the data you provide, the following information on the Platform will also appear in your personal account and be publicly visible: (1) the number of shifts you have worked; (2) the number of applications for job offers that you have cancelled; (3) the number of times you did not go to work; (4) other information relevant to the user undertaking when deciding on the suitability of a candidate;
3.2.4. The user undertaking may evaluate and comment your work. By using the Platform, you agree that the ratings and comments will also be publicly visible on the Platform;
3.2.5. You may delete your account at any time, except when you are working for the user undertaking. The account may be removed in any of the following ways: (1) by logging in with your personal “Facebook” account and deleting the permission for "Workis App" from your list of apps; (2) by logging in with your personal “Gmail” account and sending an email to support@workis.online indicating that you want to delete your account. Be warned that deletion of your account does not mean termination of the temporary employment agreement and you not exempt from its obligations.
3.3. If you are a legal person (looking for employees):
3.3.1. You may sign up for the Platform by choosing section “For Employers” and submitting a request to us. The account shall be created upon signing an agreement on temporary agency work;
3.3.2. We will delete your account after the agreement on temporary agency work is terminated.
3.4. Users are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) to any third parties. You are responsible for anything that happens through your account.
3.5. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3.6. You will promptly notify us if you become aware of any unauthorized use of, or access to, our Services through your account, including any unauthorized use of your password or account.
4. Notices
4.1. You agree that we will provide notices to you in the following way: a message sent to the contact information you provided to us (e.g., email, mobile number, physical address) and (or) via mobile app "Workis App". You agree to keep your contact information up to date.
5. Communication
5.1. We disclaim any liability or responsibility for any communication between Users on the Platform. We cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by other User.
5.2. We are not obligated to publish any information or content on the Website and can remove it in our sole discretion, with or without notice.
6. Right and Obligations
6.1. You own the content and information that you submit or post on the Website and you are only granting us the following non-exclusive license: a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content (except for the data which use and transfer are limited by the applicable law) that you provide through the Website, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
6.1.1. You can end this license for specific content by deleting such content from the Website, or generally by closing your account, except: (1) to the extent you shared it with others as part of the using Services and someone copied, re-shared it or stored it; and (2) for the reasonable time it takes to remove from backup and other systems. Information, content provided by you, which shall be saved by us according to the applicable legal acts, shall not be deleted.
6.1.2. We reserve the right to post job advertisements that you, the legal person, have submitted to the Platform, on social media or other advertising sources, in order to properly provide the Services.
6.1.3. We will not include your, the natural person, content in advertisements to others without your separate consent (including sponsored content).
6.1.4. We have the right, without payment to you or others, to serve ads near your content and information
6.1.5. We may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
6.2. You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy. By submitting suggestions or other feedback regarding our Services, you agree that we can use and share such feedback for any purpose without compensation to you.
6.3. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights) and is correct, truthful and reflects the actual situation. You are responsible for making sure that your use of the Services is in compliance with laws and any applicable regulations. You also agree that your profile information will be truthful. We may be required by law to remove certain information or content in certain countries.
6.4. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.
6.5. When rendering Services, the information that we disclose is based on the information provided to us by Users. Users are fully responsible for uploading and providing all information which is displayed on our Platform. We will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each User remains responsible at all times for the accuracy, completeness and correctness of the information displayed on the Platform.
6.6. You agree to use your account and the Platform in accordance with the provisions of this Agreement as well as provisions of the concluded temporary employment contract / agreement on temporary agency work.
7. Availability and Limits
7.1. We may change or discontinue any of our Services. We do not promise to store or keep any information and content that you have provided through the Platform (except for the data which storage is obligatory by the applicable law).
7.2. We do not provide storage services. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
7.3. We have a right to limit your use of the Services, including the number of your connections on the Platform and your ability to contact other Users.
7.4. We maintain the right to block, terminate or otherwise restrict your account if we believe that you may be in breach of this Agreement or law or are misusing the Services.
7.5. Be warned that your account will also be blocked if you do not come to work three times according to your schedule and (or) treat us or other Users disrespectfully and (or) unethically.
8. Disclaimer
8.1. Subject to the limitations set out in these Terms and Conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered by you due to an attributable shortcoming of our obligations in respect to our Service.
8.2. To the extent permitted under applicable law, we shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages or any loss of data, opportunities, reputation, profits or revenues, related to the use of the Platform.
8.3. We do not warrant that the Services will meet your requirements; that the Services will be uninterrupted, timely, secure, error-free or there will not be any other disturbances on the Platform; that the information provided through the Website by other Users is accurate, reliable or correct; that any defects or errors will be corrected; that the Services will be available at any particular time or location; or that the Services is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Services.
9. Indemnification
9.1. If you have a dispute with one or more Users, you agree to release us from any and all claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
9.2. You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Services, including but not limited to your violation of this Agreement, provided that we (1) promptly give you written notice of the claim, demand, suit or proceeding; (2) give you control of the defense and settlement of the claim, demand, suit or proceeding; and (3) provide to you all reasonable assistance, at your expense.
10. Cancelation and Termination
10.1. It is your responsibility to properly cancel/delete your account on the Website. You can cancel it at any time according to the Article 3.2.5. and Article 3.3.2. of this Agreement.
10.2. We will retain and use your information as necessary to comply with our legal obligations and /or legal acts as referred to in the Article 6.1.1 of this Agreement, resolve disputes, but barring legal requirements, we will delete your account within thirty (30) days from cancellation or termination of the Agreement (though some information may remain in encrypted backups).
10.3. We reserve the right to suspend or terminate this Agreement at any time, with or without cause, with or without notice, effective immediately.
10.4. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, disclaimers, indemnity, and liability.
11. Final Provisions
11.1. To the extent permitted by law, these Terms and Conditions and the provision of our Services shall be governed by and construed in accordance with Lithuanian law and any dispute arising out of these Terms and Conditions and our Services shall exclusively be submitted to the competent courts in the Republic of Lithuania.
11.2. If any provision of this Agreement is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of this Agreement.
11.3. We may assign or delegate these Terms and Conditions, Privacy Policy, Cookies Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Agreement without our prior written consent, and any unauthorized assignment and delegation by you is void.
11.4. We may amend this Agreement from time to time. If we make material changes to it, we will provide you notice and provide you the opportunity to review the changes before they become effective. If you do not agree with any changes – you may delete your account. Your continued use of Service after we publish or send a notice about our amendments means that you are consenting to the updated Terms and Conditions.
12. Questions
12.1. If You have any questions regarding this Agreement please contact us info@workis.online.