July 2024
1.1 These Terms of Service (“Terms”) govern Your access to and use of the website www.scrubin.io and all services offered on the website (“Services”). This is a legally binding agreement between You and Sundog Ventures OÜ, registration code 16261429, located at Tatari 64, Tallinn (“Service Provider” or “We”).
1.2 The website www.scrubin.io is an information society service (“Platform”) that connects companies (“Provider” or “Providers) and independent individuals (“User” or “You”) operating in the healthcare sector, allowing Users to view, apply and respond to job offers, (“Job Offer”), view advertisements (“Advertisements”) and post reviews, comments, and other content on the Platform (“Content”).
1.3 The Service Provider does not provide healthcare services, act as a mediator for healthcare services, or mediate the workforce.
2.1 To join the Platform and use the Services, You must create a user account on the Platform (“User Account”). To do so, You must provide all required information on the registration form and, if necessary, submit the required documents. The Service Provider will endeavour to provide opportunities to use the Services while maintaining Your anonymity. However, You acknowledge that the Service Provider cannot guarantee Your anonymity as, depending on Your specific situation and circumstances, and the Content and information You provide, such as job title combined with other details, it may enable someone to identify You or narrow down Your identity to a small group of people (e.g., employees in a specific department at Your workplace). You should understand this risk before submitting Content and information to the Platform.
2.2 User Accounts may be registered by:
2.1.1 natural persons;
2.1.2 sole proprietors
2.1.3 legal entities.
2.3 By creating a User Account, You confirm and warrant the following:
2.3.1 You have reviewed the Terms, they are understandable to You, and You agree that they are legally binding on You whenever You use the Platform;
2.3.2 You meet the requirements set out in section 2.2;
2.3.3 You confirm interest only in those Job Offers for which You and Your employees (if You are a legal entity) have the appropriate registration in the healthcare management information system and the relevant license (if You are a legal entity), where registration or a permit is required for employment;
2.3.4 You do not confirm Job Offers provided by a Provider with whom You have a valid employment contract;
2.3.5 You use the Services and the Platform in connection with Your economic or professional activities; 2.3.6 You are legally entitled to enter into binding agreements for the use of the Platform, either on Your behalf or, if You are a legal entity, on behalf of the legal entity;
2.3.7 All information You provide on the registration form is accurate, correct, and complete;
2.3.8 You do not allow third parties to use or transfer Your User Account to any third party;
2.3.9 You do not use the Platform for illegal purposes, in violation of the Terms, or in any other manner that could damage the proper functioning of the Platform;
2.3.10 You will promptly update Your User Account information if previously provided information becomes incorrect for any reason.
3.1 The Services include all services we provide to You through the Platform, including making the Platform available and maintaining it, access to Job Offers, Advertisements, and Content, customer support, analytics, and other support services.
3.2 The Service Provider makes the Platform and Services available to allow Users and Providers to find each other. Users have access to Job Offers, Advertisements, and Content through the Platform, and Providers have access to Users who wish to review Job Offers. Only Providers decide the terms and content of Job Offers provided through the Platform. The User is solely responsible for and has complete freedom in selecting a suitable Job Offer.
3.3 The Service Provider has the right to decide which Services are offered through the Platform at any time. The Service Provider may at any time add, remove, or update the features and functions of the Platform or Services, including prices, payment methods, and requirements for using the Services. The Service Provider may unilaterally suspend or terminate the provision of the Platform and Services, either in whole or in part, for any reason at its discretion. The Service Provider will notify users 30 days in advance of the termination of service (i.e., the complete closure of the Platform).
4.1 Providers may use the Platform and its functions to make Job Offers visible to Users, which will be displayed on the Platform to all Users.
4.2 Providers may make Job Offers to Users who have not opted out of receiving Job Offers, with notifications sent to Users via email and/or SMS.
4.3 Users may express their interest in a Job Offer, after which the User’s entire User Account becomes visible to the Provider.
4.4 Users and Providers can communicate with each other through the Platform.
5.1 The User represents and warrants that they hold or otherwise control all rights to the Content posted.
5.2 Information from the User’s User Account will not be displayed alongside Content posted by the User.
5.3 Content posted by the User must be accurate, honest, respectful, and based on the User’s personal experiences. Defamatory, obscene, offensive, or otherwise inappropriate Content is strictly prohibited.
5.4 The Service Provider has the right to modify or remove any user-generated Content at its discretion.
5.5 The User agrees to indemnify all damages that may arise from posting inaccurate Content.
6.1 Advertisements from Providers and third parties may be displayed on the Platform. By using our services, You agree that the Service Provider may place such Advertisements on the Platform in a manner deemed appropriate by the Service Provider.
6.2 The Service Provider is not responsible for the content of third-party Advertisements or the products or services offered through these Advertisements. Any transactions or interactions You have with Providers on the Platform are solely between You and the Advertiser.
6.3 The Service Provider may use information from Your User Account and other information provided by You to tailor advertisements to Your interests and preferences.
6.4 If You encounter an Advertisement that You find inappropriate or offensive, please inform the Service Provider by email: info@scrubin.io. Service Provider will review the matter and take appropriate action if necessary.
7.1 The use of the Platform and Services is free for Users.
8.1 Content, data, and information transmitted through the Platform, including the relevant software (in source and/or object code) and documentation, or related trademarks and other intellectual property rights, are owned by the Service Provider, the Service Provider’s suppliers, and/or the Service Provider’s licensors.
8.2 Subject to the Terms, the Service Provider grants You a worldwide, non-transferable, non-sublicensable, and revocable limited license to access and use the Platform and Services. You may use the Platform and Services only for their intended purpose and only during the term of the Terms.
8.3 For all content and data You provide or make available through the Platform, You grant the Service Provider a free, worldwide, transferable, sublicensable, limited license to use such content for the following purposes:
8.3.1 Providing the Platform;
8.3.2 Providing the Services;
8.3.3 Developing new products and services;
8.3.4 Enhancing and developing software.
9.1 During the term of the Terms and for 5 years after the termination of the Terms, the User is obligated to keep confidential any information received from the Service Provider. (“Confidential Information”) means technical information from the Service Provider (including information about intellectual property items, copyrights, IT systems, source code, and software, and information related to these).
9.2 The User ensures that:
9.2.1 Confidential Information is used solely for fulfilling rights and obligations under the Terms; use of Confidential Information for any purpose other than described above is only permitted with the prior written consent of the Service Provider;
9.2.2 Confidential Information is kept confidential and not disclosed to third parties or the public without the prior written consent of the Service Provider;
9.2.3 All reasonable measures are taken to prevent disclosure of Confidential Information to third parties or the public due to the User’s actions or inactions.
9.3 For the purposes of the Terms, third parties or persons to whom the confidentiality obligation applies include the User’s legal advisors, banks, and auditors, who are subject to at least equivalent confidentiality obligations by law or contract.
9.4 The User agrees to promptly notify the Service Provider if Confidential Information is or may be disclosed to a person not entitled to receive such information.
10.1 The Provider processes User personal data for the provision of the Services in accordance with applicable laws, including the European Union General Data Protection Regulation (2016/679) and other data protection regulations. For more information about data processing, Users can refer to the Privacy notice.
11.1 The Platform is provided “as is” and “as available.” The Service Provider does not warrant or guarantee that the Platform and Services will operate without interruptions or errors.
11.2 The Service Provider is not responsible for the accuracy of any information contained in profiles or other content. The Service Provider does not control, direct, or evaluate Users or Providers
11.3 The Service Provider is only liable for the intentional breach of the Terms by the Service Provider. In such a case, the User has the right to demand the fulfilment of the Terms unless such demand is excluded. The Service Provider is only liable for direct pecuniary damage, and its total liability arising from these Terms does not exceed 100 euros. The Service Provider is not liable under any circumstances for lost profits, non-pecuniary damages, legal costs, or any other damage incurred by the User.
12.1 The Service Provider may terminate the Terms at any time by giving the User at least 30 days’ notice, after which the User’s rights to use the Platform and Services will end.
12.2 The Service Provider has the right to terminate the Terms without notice and restrict the User’s access to the Platform and Services if the User breaches the Terms or any applicable legal provision.
13.1 The Terms are governed by the laws of the Republic of Estonia. Disputes arising from the Terms will be resolved through negotiations, failing which the disputes will be settled in Harju County Court.
14.1 The Service Provider may unilaterally amend the Terms at its discretion by notifying the User of the changes in a form that can be reproduced in writing at least 10 days before the changes take effect.
14.2 The automatic copying, collection, or harvesting of Platform content (including text, images, data, code, etc.) for any purpose, including data mining, web scraping, robots, spiders, or other automated tools, is strictly prohibited. The Platform User agrees not to use or allow others to use any software or technology that may automatically copy or collect Platform content. The Service Provider has the right to implement necessary technical measures to detect and prevent such prohibited activities and to take appropriate legal actions.
14.3 The transfer of Your rights and obligations under the Terms is permitted only with our prior written consent.
14.4 The Service Provider may transfer its rights and obligations under the Terms to a third party without the User’s consent. In such a case, the Service Provider will notify You of the transfer of rights and/or obligations to the third party within a reasonable time.
14.5 If any part of the Terms is found to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining Terms. The invalid or unenforceable part will be replaced with a valid and enforceable part that achieves a result as similar as possible to the replaced part in terms of outcome and purpose.
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