TERMS OF USE

Section 1
General Provisions

1. The website https:// ITSkills4U.com.ua (hereinafter referred to as “Site”) is owned by the Union of Entrepreneurs and Employers (ZPP) based in Warsaw (00-029) at ul. Nowy Świat 33, NIP [Tax Identification Number]: 522 295 88 64, REGON [Business Entity Statistical Number]: 142553074, listed in the register of associations, other social and professional organisations, foundations and independent public healthcare centres and in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 12th commercial Division of the National Court Register, under KRS No. 0000361844, and the entire expansion, hereinafter referred to as “Service Provider” or “ZPP”.
2. These Terms of Use set forth the terms and conditions of use of the Site by Users.
3. The Terms of Use are made available to the User free of charge via the Site, in a form that allows them to be obtained, reproduced and recorded by means of the information and communication system used by the User.
4. All copyrights relating to the Site name, graphic appearance, software, database and graphic elements of the pages that have been made available to Users by the Site are subject to legal protection and are owned by the Service Provider and ZPP Partners.
5. As part of the Site, the Service Provider shall provide the Services within the scope and on the terms set forth in these Terms of Use.

Section 2
Definitions

For the purpose of these Terms of Use, the terms used herein shall have the following meanings:

1. Data Controller – shall mean ZPP, which decides on the purposes and means of processing Users’ personal data;
2. Consumer – shall mean a natural person who has reached the age of 18 and who uses the Services within the Site that are not directly related to their business or professional activity;
3. Entrepreneur – shall mean a User who is a natural person engaged in business or professional activity directly related to their activity, a legal person, or an organizational unit to which special regulations grant legal capacity, who uses the Services;
4. Site – shall mean the website at https:// ITSkills4U.com.ua;
5. Information and communication system – shall mean a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunication networks by means of a terminal device appropriate for a given type of network;
6. iDenfy – application to confirm identity and confirm Ukrainian citizenship;
7. Service – shall mean the possibility for the Consumer to sign up for – by means of a registration form – an individual training plan including classroom training, online training (for self-learning or with an instructor), preparation for exams, mock exam and certification exam as well as obtain certification from Amazon Web Services (a company cooperating with ZPP) (hereinafter: “AWS”) and for other training courses and events organised by external companies cooperating with ZPP or AWS. These services will be addressed solely to Ukrainian citizens;
8. User – shall mean a Consumer with Ukrainian citizenship or an Entrepreneur;
9. Event – shall mean training, workshops, certification exams, courses, webinars and other events available through the Event Organiser;
10. Event Registration – shall mean a free service consisting in sending to the Event Organiser, on behalf of the User, a Registration form for an Event to be accepted or rejected by the Organiser depending on its rules, availability of seats, etc. without the Organiser’s guarantee of acceptance of the request. Events are addressed solely to Ukrainian citizens;
11. Organiser – shall mean an entity that has accepted the Terms of Use of the Site by Event Organisers and has the possibility to organise Events and place them on the Site, such as:
    1. training,
    2. workshops,
    3. certification exams,
    4. courses,
    5. webinars,
    6. and other Events available through the Organiser;
12. Employer – shall mean an Entrepreneur who registers through a form available on the Site defining specific recruitment needs of the Entrepreneur including, among others, the form and type of employment, the level of IT work experience, education level and foreign language skills. In such case, the Entrepreneur has the possibility to make their job offer available to Users;
13. Events – shall mean any training, workshops, certification exams, courses, webinars and other services available and organised by the Organiser for Users.

Section 3
Services

1. By using the Site, the User enters into an agreement with the Service Provider for the provision of electronic services. Upon acceptance of the Terms of Use by the User, the Service Provider undertakes to provide electronic services to the User. The agreement is concluded upon acceptance of the Terms of Use and is valid for an indefinite period of time, until the User cancels the Service. The Service Provider shall provide the following Services to Users:
   1. Registration of job offers – the Service Provider will make available the job offers of the Employers, and the User will have the opportunity to acquaint themselves with the available job offers. These will include only the job offers provided by Employers, and the User must directly contact the Employer on the Employer’s terms in order to carry out the recruitment process and answer the job inquiries.
   2. Event registration – a free service addressed to Ukrainian citizens consisting in sending, on behalf of the User, a registration form to the Event Organiser for an Event to be accepted or rejected by the Organiser depending on its rules, availability of seats, etc., without guarantee of acceptance of the request by the Organiser.
2. The Service Provider reserves the right to modify the Services available on the Site, as well as to change the rules and the amount of payment for access to the Services without prior notice, and to provide services that differ from those offered under these Terms of Use.
3. Regardless of the provision of Services, the Site presents training-related content of informative nature intended for Ukrainian citizens, the use of which is free of charge and does not require any data to be provided.
4. In order to use the Site, the User will need a computer connected to the Internet, or another device (e.g. smartphone, tablet) that allows to use the Internet via a web browser (e.g. Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari), to view web pages, as well as e-mail.
5. By accepting these Terms of Use, the User agrees to the free of charge, indefinite and geographically unlimited use of the image and voice recorded during the organised Events, i.e. trainings and workshops in the form of photographs, films and recordings, as well as to their dissemination by posting information materials on websites and in social media as well as any other information and promotional materials administered by the Service Provider or the Organiser, publishing the image in the Service Provider’s or the Organiser’s promotional and information materials – for the purpose of promotion, information and presentation of coverage of the Event organised by the Organiser or the Service Provider’s Services.

Section 4
Obligations of the User

1. In the course of using the Site and the Services, the User shall:
   1. provide information that is true and not misleading, and bear full liability for providing personal or other data that is not true, false or related to third parties;
   2. comply with applicable laws and respect all rights of third parties, including refraining from using offensive content, regardless of to whom it is directed;
   3. refrain from posting on the Site any illegal, pornographic or other material that violates applicable laws;
   4. refrain from sending unsolicited commercial communications to Users or Organisers, as well as to the Service Provider;
   5. refrain from filling out any forms on the Site automatically, as well as from making automated requests on the Site, including those that cause disruption to its operation or impede access to it;
   6. not copy materials published on the Site without prior written consent of the Service Provider, except for the right to quote;
   7. refrain from any activities that may cause economic or reputation damage to the Service Provider;
   8. at the request of the Service Provider, confirm the User’s data by:
      • use of the iDenfy application – the process consists in taking a photo of the passport and a selfie photo – the data is saved in the application and deleted within 24 hours of completing the identification or
      • showing their passport during an online meeting, which will serve only to verify the data provided and will not be used or processed in any other way;
   9. accept the terms and conditions of the given Event, if posted on the Event page. In such case, the User, by registering for the Event, accepts the terms and conditions indicated by the Organiser.

Section 5
Events

1. The Service Provider will make available on the Site the Event submitted by the Organiser.
2. The Organiser shall apply to the Service Provider for permission to allow Users to register through the Service Provider’s Site for an Event organised by the Organiser such as:
   1. training,
   2. workshops,
   3. certification exams,
   4. courses,
   5. webinars,
   6. and other Events available through the Organiser.
3. The Organiser takes full responsibility for the organised Event.
4. Events will be addressed solely to Ukrainian citizens.
5. The Service Provider carries out the process of registering the User for the Event organised by the Organiser, so that the User can participate in the Event.
6. Registration for the Event may require a certain level of English and verification of the User’s identity by:
   – iDenfy Application or
   – showing a passport to the ZPP employee through a webcam.
   The passport will only be presented and will only be used to confirm identity and citizenship and will not be used or processed in any other way.
7. When registering, the User fills out a dedicated form, providing the data necessary to provide the Service in the manner specified therein and in these Terms of Use.
8. After entering the data, the User confirms that they have read and accept the Terms of Use.
9. By filling out the form, the User declares that the data provided therein is complete and accurate, that it does not infringe on third party rights, that they have read the Terms of Use and undertake to comply with them, as well as agrees to the processing of their personal data to the extent included in these Terms of Use and consents to the use of their image in the manner specified in these Terms of Use.
10. By completing the form, the User agrees to receive by e-mail, to the e-mail address provided, the information related to the processing of the Registration.
11. The Service Provider confirms the receipt of the Registration to the e-mail address provided by the User.
12. For successful Registration, the User receives information about Registration on the platform.
13. The User shall comply with the terms and conditions and regulations of the Service Provider and of the Organiser.
14. The Service Provider shall not be liable for the rules and terms and conditions of the Organiser’s Event.
15. The Service Provider shall not be liable for the quality, reliability or other defects of the Event, for which the full liability lies with the Organiser.

Section 6
Provision of Job Offers

1. The Service Provider may make available on the Site the job offers submitted by Employers.
2. The Employer shall apply to the Service Provider for permission to allow the Employer’s job offer to be made available through the Service Provider’s Site.
3. In particular, job offers must contain data such as Employer’s name, job title sought, recruitment requirements, data about the recruitment process, and Employer’s contact details.
4. The Employer bears full liability for the job offers made available.
5. The Service Provider shall not be liable for the job offers made available, in particular for the possible results of the recruitment process, the timeliness or correctness of the job offer, which is the full responsibility of the Employer.

Section 7
Complaints

1. The User has the right to complain about the Services provided by the Site.
2. The User makes a complaint by sending an application through the form available at https:// ITSkills4U.com.ua.
3. The complaint will be answered as soon as possible, no later than within 30 days from its receipt by the Service Provider.
4. The Service Provider shall not be liable for the Events organised by Organisers and the job offers made available by Employers.

Section 8
Principles of Liability

1. The law applicable to the Site, the Service Provider and these Terms of Use shall be the law of the Republic of Poland.
2. Disputes shall be resolved by mediation if the User so wishes. In other cases, disputes shall be resolved by the common court having jurisdiction over the Service Provider’s registered office or, in the event of a dispute with the Consumer, by the court having jurisdiction under general provisions.
3. The full liability for the Event lies solely with its Organiser. The Service Provider is not a party to agreements concluded between Users and Organisers. Users and Organisers shall be solely responsible for performing the agreements they have concluded with each other using the Site.
4. The full liability for the job offers lies solely with the Employer. The Service Provider is not a party to agreements concluded between Users and the Employer. Users and Employers shall be solely responsible for performing the agreements they have concluded with each other using the Site and Employers shall be solely responsible for the recruitment process and the job offers made available.
5. Information on the Organisers and Events, including dates, costs of participation in the Event, etc. shall be specified by the Organiser or the Site. Despite its best efforts, the Site does not guarantee timeliness and correctness of the information, which cannot constitute grounds for any claims against the Service Provider. The same applies to access to other information materials available on the Site, such as Employers’ job offers made available.
6. The Service Provider makes every effort to perform the Services correctly. However, due to the unreliable nature of electronic communication, which cannot be completely eliminated, the Service Provider does not guarantee reliable and uninterrupted performance (e.g. uninterrupted delivery of notifications, requests and Event Registrations). The Service Provider’s liability in this respect is excluded.
7. The Service Provider reserves the right to temporarily interrupt or restrict access to the Site, e.g. due to maintenance works carried out or related to the improvement of the Site.
8. The Service Provider shall not be liable for misuse of the Site by the User.
9. The Service Provider shall not be liable for damages resulting from misuse, inability to use or malfunction of the Site due to force majeure, the fault of the Organiser or the User or for other reasons not attributable to the Service Provider.
10. The Service Provider shall not be liable in any way for the provision of false data by the User of the Site.

Section 9
Termination of the Agreement

1. Either Party may terminate the electronic services agreement at any time and for convenience, subject to retention of the rights acquired by the other Party prior to termination and subject to the provisions below.
2. The Service Provider shall have the right to withdraw from the provision of the Services with immediate effect if the User violates provisions of these Terms of Use.
3. The Agreement may be terminated through the application form available at https:// ITSkills4U.com.ua or in writing by sending a statement to the following address: ul. Nowy Świat 33, 00-029 Warszawa

Section 10
Final Provisions

1. All content available on the Site is the exclusive intellectual property of the Service Provider or other relevant entities and shall be subject to legal protection in accordance with applicable laws.
2. You can contact the Service Provider:
   1. in writing, to the following address: Związek Przedsiębiorców i Pracodawców – ul. Nowy Świat 33, 00-029 Warszawa;
   2. by sending a message using the application form available on the website at https://ITSkills4U.com.ua.
3. The current version of the Terms of Use is always available on the website at: https://ITSkills4U.com.ua.