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Terms of Use

These Terms of Service (these “Terms”) are a contract between the business entity you represent, on the one hand (“you”), and SC WECONN SD SRL, a Romanian LLC that owns and operates the WeConn SD website, on the other hand (collectively, “WeConn SD”, “we” or “us”). You must read, agree with and accept all of the terms and conditions contained in these Terms in order to use the website located at www.we-conn.com and related software and services (collectively, the “WeConn SD website”). WeConn SD may revise these Terms at any time. If any such amendment results in a material change to these Terms, as determined by WeConn SD in its sole discretion, WeConn SD will inform you of such changes via a notice on www.we-conn.com or by sending you an email to the address you have registered with us. Continued use of the WeConn SD website after the effective date of any revisions to these Terms constitutes your acceptance of the revised Terms.  

1.1 Overview

WeConn SD SRL provides services to you in your capacity as a visitor, including operating and providing the WeConn SD website, curating profiles/CVs and position applications. 

1.2 Eligibility 

The WeConn SD website services are available only to legal entities that are capable of forming legally binding contracts under applicable law. You represent and warrant that your entity is not (a) a citizen of or doing business in a country where the use of or participation in the WeConn SD website is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen of, or doing business in a country or region that is subject to Romanian or other sovereign country sanctions or embargoes. In addition,

you confirm that you are not prohibited or limited in any way from participating as a visitor on the WeConn SD website by any contract (e.g., employment, consulting, confidentiality, or non-disclosure agreements) or any similar policies or obligations that limit your conduct or business in any way. Further, to the extent your right to receive Services is limited in any way, you confirm that you have obtained all necessary consents or waivers to receive Services as a Client on the WeConn SD website. Notwithstanding the foregoing, WeConn SD may determine your eligibility to create an account on the WeConn SD website in its sole discretion.  

1.3 No Background Checks 

WeConn SD is not required to verify any information given to WeConn SD by candidates, nor is it required to perform background checks on candidates. WeConn SD may provide information about a candidate but such information is based solely on data that candidate submits to us. WeConn SD provides such information solely for the convenience of its users and is not an introduction, endorsement or recommendation by WeConn SD.  

1.4 Third Party Websites 

The WeConn SD website may include links to third party websites. WeConn SD has no control over, is not responsible for and does not endorse any such sites, and WeConn SD will have no liability for any damages or losses you incur by visiting or using such third party websites. 

 1.5 Privacy Policy 

For the purposes of sharing and collecting information via the WeConn SD website, WeConn SD will follow the WeConn SD Privacy Policy (“Privacy Policy”). 

1.6 License Grant 

Subject to your compliance with these Terms, WeConn SD hereby grants you a personal, non-exclusive, non-transferable, revocable, limited license (without the right to sublicense) to access and use the WeConn SD website for your internal business purposes only, and subject to the limitations set forth below. WeConn SD reserves any and all rights not expressly granted to you pursuant to these Terms. The limited rights granted to you to access and use the WeConn SD website comprise a limited license and do not constitute the sale of any software program or other intellectual property. 

 

1.7 Restrictions 

You agree that: 

  • you will not use the WeConn SD website if you are not fully able and legally competent to agree to these Terms; 

  • you will only use the WeConn SD website in full compliance with all applicable laws and these Terms; and 

  • you will not use the WeConn SD website for fraudulent purposes or to engage in any offensive, indecent or objectionable conduct. Further, except as specifically permitted herein or approved in advance in writing by WeConn SD, you agree that you will not directly or indirectly: 

  • distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, or otherwise exploit the WeConn SD website in any unauthorized manner; 

  • copy, reproduce, adapt, create derivative works of or otherwise modify the WeConn SD website or any part thereof in any form or manner or by any means; 

  • harvest or scrape any content or data from the WeConn SD website; 

  • remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the WeConn SD website; 

  • decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the WeConn SD website or any part thereof  

  • circumvent any functionality that controls access to or otherwise protects the WeConn SD website; or 

  • permit any third party to engage in any of the foregoing. 

Any attempt to do any of the foregoing is a material breach of these Terms and a violation of the rights of WeConn SD and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. 

 

1.8  WeConn SD website Ownership 

The visual elements of the WeConn SD website (e.g., text, graphics, images, logos), proprietary content and software code, information and other materials are protected under intellectual property laws. You acknowledge and agree that WeConn SD and/or its licensors own all right, title and interest in and to the WeConn SD website (including all intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests.  Any and all improvements, updates, modifications or enhancements, whether made, created or developed by WeConn SD or otherwise relating to the WeConn SD website (collectively, “Revisions”), are and will remain the property of WeConn SD. All Revisions become the sole and exclusive property of WeConn SD.  

1.9 Feedback 

Any and all suggestions for correction, change, enhancement, improvement and modification to the WeConn SD website and other feedback, information and reports you provide to WeConn SD (collectively “Feedback”) are and will remain the property of WeConn SD. WeConn SD may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assigns to WeConn SD any and all right, title and interest that you may have in and to any and all Feedback. 

2. CONTENT POLICY 

2.1 Your Content 

You represent and warrant that you own or have a valid license to all content or other materials uploaded, posted, published or displayed through the WeConn SD website (collectively “Content”).   

2.2 Storage 

During your activity regarding a Position, WeConn SD will provide you storage space on the WeConn SD website for the exchange of documents and other information related to your Positions between you and the applicable candidate. WeConn SD reserves the right to delete your shared files and all data therein thirty (30) days after the end of the contract associated with a Position. 

2.3 Disclosure of Your Content 

You acknowledge and agree that WeConn SD may preserve and/or disclose your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any of your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of WeConn SD, its affiliates, employees, representatives and agents, as well as WeConn SD website users and the general public. 

2.4 Prohibited Content 

You are solely responsible for all of your Content and agree not to upload any Content prohibited by applicable law or the restrictions in this Section. WeConn SD reserves the right to investigate and take appropriate legal action against any Client who violates this Section. Specifically, you represent and warrant that none of your Content: (a) constitutes protected health information; (b) infringes any intellectual property, proprietary, contractual or privacy rights of any party; (c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”; (e) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous; or (f) in the sole judgment of WeConn SD, is objectionable or which restricts or inhibits any other person from using or enjoying the WeConn SD website, or which may expose WeConn SD or its users to any harm or liability of any kind. WeConn SD has the right, but not the obligation, to monitor your use of the WeConn SD website and Content to determine your compliance with these Terms. 

3. CONFIDENTIALITY 

3.1 Definition of Confidential Information   

As used herein, “Confidential Information” means all confidential information of a Party (“Disclosing Party”) disclosed to the other Party (“Receiving Party”), whether orally or in writing, that is either marked or designated as confidential or is identified in writing as confidential or proprietary within fifteen (15) days of disclosure to the Receiving Party or that a reasonable person would deem confidential or proprietary given the nature of the information and the circumstances under which it is disclosed.  Confidential Information shall include, but not be limited to: the pricing and other terms reflected in all Contracts, Content and the Disclosing Party’s business and marketing plans, technology and technical information, product designs, and business processes. Confidential Information shall not include any information that a Receiving Party can show:  (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party. 

3.2 Confidentiality and Non-Use 

Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event shall either party exercise less than reasonable care in protecting such Confidential Information; provided that a Receiving Party may disclose Confidential Information of the Disclosing Party to its employees, agents and/or representatives who have a need to know such Confidential Information and who are bound to protect such Confidential Information as required hereby, or to legal, financial or other professional advisors who are providing professional services to the Receiving Party subject to obligations of confidentiality.  In addition, without the Disclosing Party’s written permission, the Receiving Party shall not use any Confidential Information of the Disclosing Party other than in connection with fulfilling the obligations or exercising the rights of the Receiving Party under these Terms (including, without limitation, as may be necessary to support or defend a claim arising under these Terms). 

3.3 Compelled Disclosure 

If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party’s expense, if the Disclosing Party wishes to contest the disclosure.   

3.4 Remedies 

If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information in breach of this Section 5, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies are inadequate. 

3.5 Publicity 

During the term of this Agreement, WeConn SD may publicly refer to Client as a customer of WeConn SD and may use Client’s name and logos alongside the names and/or logos of other WeConn SD Clients on WeConn SD’s website, in customer lists, pitch proposals, investor presentations and sales presentations. 

4. WARRANTY DISCLAIMER 

WECONN SD SRL MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, WECONN WEBSITE OR ANY ACTIVITIES OR ITEMS RELATED TO THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WECONN SD SRL DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

5. LIMITATION OF LIABILITY 

IN NO EVENT WILL WECONN SD SRL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS OR LOSS OF DATA, PRODUCTION OR PROFIT. THE TOTAL AGGREGATE LIABILITY OF WECONN SD SRL TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR USE OF THE WECONN SD SRL PLATFORM WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO WECONN SD SRL DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WECONN SD SRL IS ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. 

6. INDEMNIFICATION 

You agree to indemnify and hold harmless WeConn SD and its affiliates, officers, employees, representatives and agents (each, an “Indemnified Party”) from any and all claims, actions, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to: (a) your use of the WeConn SD website; (b) your Content; and (c) your violation of these Terms. 

7. DISPUTE RESOLUTION 

7.1 First Option – Informal Process  

You agree that in the event of any dispute between you and WeConn SD, you will first contact us and make a good faith sustained effort to resolve the dispute amicably. 

 7.2 Limitation Period 

In no event will any Claim, or any other action or proceeding by you (including arbitration under this Section 10) be instituted more than one (1) year after the cause of action arose. 

 7.3 Jurisdiction 

You and WeConn SD each agree to the exclusive jurisdiction of Romania, and you and WeConn SD each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim. 

8. GENERAL 

8.1 Assignability 

You may not assign these Terms or any of your rights or obligations hereunder without WeConn SD’s prior written consent. WeConn SD may freely assign these Terms. Any attempted assignment or transfer in violation of this Section 11.1 will be null and void.  

8.2 Entire Agreement 

These Terms set forth the entire agreement and understanding of the parties relating to its subject matter and cancels and supersedes any prior or contemporaneous discussions, agreements, warranties, and other communications between them. 

 8.3 Governing Law 

These Terms and any controversy, dispute or claim arising out of or relating to these Terms will be governed by and construed in accordance with the laws of Romania. 

8.4 Notices; Consent to Electronic Notice 

You consent to the use of electronic means to deliver any notices pursuant to these Terms. Notices will be given: (a) by  WeConn SD via email (in each case to the email address that you provide when registering your account); (b) a reasonably prominent posting on the WeConn SD website; or (c) by you via email to hello@we-conn.com.

 8.5 No Waiver 

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party. 

 

8.6 Severability 

If and to the extent any provision of these Terms is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties.