General Terms of Services

Effective from: 01.11.2019

PLEASE READ THESE TERMS OF SERVICES CAREFULLY. BY USING THE WORKPORT SERVICES, YOU AGREE TO BE BOUND BY THE (1) GENERAL WORKPORT TERMS OF SERVICES; AND (2) WORKPORT PRIVACY AND DATA PROTECTION POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE WORKPORT SERVICES. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY.

1. Definitions

“Mobile app” means a software installed from various app stores, accessed or otherwise used by you or your devices (mobile phones and tablets) through which you can access the WorkPort Services.

“Website” means a website [www.workport.pl] where Users may obtain information about the WorkPort Services and Employers can access the WorkPort Services.

“Applicant” means a person who applies or wants to apply for a job offer via the WorkPort Services in accordance with the provisions specified in the WorkPort Terms of Services for Applicant.

“Employer” means a person that offers or wants to offer jobs vacancies (post of employment) through the WorkPort Services in accordance with the provisions specified in the WorkPort Terms of Services for Employer.

“Users” means collectively Applicants and Employers as well as other users looking through the WorkPort Services.

“Job offer” means a post of employment created by the Employer through the WorkPort Services. “Hiring ads” means an electronic notification form posted by Employer through the WorkPort

Services of an intent to hire someone to perform specific one-time work.

“Management-system” means an installed tool at the Website, which helps Employers keep Applicants data up to date, track every Applicant’s interaction, and manage its accounts.

“Third Parties Platforms” means operated by third parties non-WorkPort platforms, which links may be located at the Website or the Mobile app.

All terms specified in Section 1 of the General WorkPort Terms of Services shall be interpreted with the same meaning in both Terms of Services for Applicant and Employer. Additionally, terms that are not defined in Section 1 of this Terms of Services shall be interpreted in accordance with the text where they are mentioned in.

2. What are you agreeing to?

2.1. Entire Agreement

This General WorkPort Terms of Services, the WorkPort Terms of Services for Applicant and the WorkPort Terms of Services for Employer describe a contractual relationship ("Agreement") as stated below. The WorkPort Terms of Services for Applicant and WorkPort Terms of Services for Employer are an integral part of this General WorkPort Terms of Services. The WorkPort Terms of Services for Applicant apply only to Applicant, while the WorkPort Terms of Services for Employer apply only to Employer.

This Agreement supersedes any and all other agreements, whether oral or in writing, regarding the WorkPort Services providing and no supplement, modification or amendment of this Agreement shall be binding unless it is stipulated herein.

2.2. The Parties to this Agreement

This Agreement is concluded between you ("you" or "your") and Workport Sp. z o.o . (including its subsidiaries, affiliates, agents, and assigns) ("WorkPort", "we", "us", "our"), regarding your use of the Website and/or the Mobile app, including your use of any service(s) offered through them and your access to your WorkPort account information and service through them (collectively, the "WorkPort Service(s)" or "Service(s)").

2.3. Changes to this Agreement

We reserve the right to change these General WorkPort Terms of Services, the WorkPort Terms of Services for Applicant and the WorkPort Terms of Services for Employer from time to time by changing them on the Website, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example, by confirming a payment transaction). Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING THE WORKPORT SERVICES AFTER CHANGES HAVE BEEN POSTED. If we make any changes to this Agreement that it deems to be material, we will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted on the Website from time to time to see if it has been changed.

3. How WorkPort will serve you

3.1. Services and Fees

Available on the Website and the Mobile app Services are provided by WorkPort for the purposes of:

1) individuals looking for employment opportunities and career information;

2) employers seeking to recruit staff.

Employers post job offers and hiring ads via the Website. Applicants may apply to this job offers or hiring ads through the Mobile app. For convenience, every Employer has access to management- system that helps tracking Applicant’s interaction with job offers and hiring ads of the Employer.

WorkPort may charge fee for the Services. All costs of the Services are stipulated in fee schedule at the Website. We may add/change our fee schedule at any time and the new fee schedule shall be enforced immediately upon publication of the same on the Website or upon notice to you via email. No fees shall be refunded and all sales are final.

3.2. Additional Services

The Website and the Mobile app contain links to Third Parties Platforms where Users have opportunity to obtain different services such as insurance, tickets purchase, money transfer, top up the mobile account etc. ("Additional services"). You use Additional services on your own risk. We are not a party to the additional services providing agreement and act as a technology platform. WorkPort does not have control over the quality, accuracy, completeness, veracity or legality of Additional services provided by third parties. We do not charge any fees for Additional services.

3.3. Messenger

WorkPort has installed a tool that enables communication between authorized Users ("Messenger"). The Messenger can be usable after the Employer responds to the application or expressed a will to attract Applicant at concerned job offer on their own. Where we have made settings available, Users will be allowed to follow public chats conducted on the Service.

You may attach files and documents within your communication through the Messenger. WorkPort reserves the right to limit the type or size of files that can be transferred via the Messenger.

For the security purpose, all content and other information transferred via the Messenger are encrypted. Notwithstanding, WorkPort is not responsible for safety or protection of the information (including file and documents) that was transferred via the Messenger.

We are not obligated to store any information or content on our Service (including files transferred through the Messenger) and can remove it in our sole discretion, with or without notice.

3.4. Collecting Information about You

Our collection and use of your personal data in connection with your use of the Service is governed by our Privacy and Data Protection Policy located at [www.workport.pl].

You agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

4. Your use of the WorkPort Services

4.1. Responsibility for Your Use

You may only use our Services and its content for lawful purposes and in accordance with applicable law, and you are prohibited from storing, distributing, or transmitting any unlawful material, otherwise you may be exposed to criminal and/or civil liability. The WorkPort Services are available solely for your personal, non-commercial use. You agree that if a third party claims that material you have contributed to WorkPort is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through our Services are the sole responsibility of the sender, not WorkPort, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through our Services.

4.2. Providing of Accurate Information

Account registration requires you to submit to us certain information. When you provide information to WorkPort, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.

WorkPort performs SMS-based verification of each User before granting access to a new account.

WorkPort has the right to require identification data in an electronic form uniquely representing you. You obliged to provide WorkPort with true, accurate, current and complete identification data.

You agree that you may be denied access to or use of the WorkPort Services if you fail verification or refuse to provide proof of identity.

4.3. Access to Your Account

You are responsible for maintaining the secrecy of the login credentials to your account. You agree to establish reasonable security procedures and controls to limit access to the identifying information about you.

You have no ownership rights in own account and in the event that your account is terminated by you or us, the contents of your account may not be available. WorkPort reserves the right to delete your account in the event of any inactivity.

4.4. Your Content

You understand and agree that we may at our sole discretion store for review, ban or delete your account at WorkPort that in the sole judgment of WorkPort violate this Agreement or which might be illegal, or that might violate the rights of, harm, or threaten the safety of other Users or any third parties.

You are solely responsible for the content that you publish or display at your account, or transmit to other Users.

By posting content you automatically grant, represent and warrant that you have the right to grant to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content, and to grant and authorize sublicenses of the foregoing.

You agree that we shall solely and perpetually own all right, title and interest to the content posted by you at WorkPort, and shall have the rights to distribute, license, sub-license, market, promote, exhibit and otherwise exploit all rights therein in perpetuity, throughout the universe, in all languages and in all media formats and by any and all means (whether now known or later developed) with no further obligation or compensation to you.

4.5. Content of WorkPort

The information at the Website or the Mobile app is for information purposes only. We do not make any promises as to its completeness, timeliness or accuracy. The information and materials contained at the Website or the Mobile app are subject to change without notice.

Access to the WorkPort Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:

♦ servers, networks, hardware failure (including your own device), telecommunication lines and connections, and other electronic and mechanical equipment;

♦ software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of screening programs, unreadable codes, or irregularities within particular documents or other content;

♦ overload of system capacities;

♦ damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion,

accident, fire, water damage, explosion, mechanical breakdown or natural disasters;

♦ interruption (whether partial or total) of power supplies or other utility of service; strike or other

stoppage (whether partial or total) of labour;

♦ governmental or regulatory restrictions, court decisions or other external intervention; or

♦ any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the

control of WorkPort.

4.6. Links to Other Websites

Links to non-WorkPort websites are provided solely as pointers to information on topics that may be useful to users of the Services, and WorkPort has no control over the content on such non-WorkPort websites. WorkPort makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does WorkPort warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by WorkPort, including hyperlink to the advertised websites, you must do so at your own risk. WorkPort does not guarantee the authenticity of documents on the Internet. Links to non-WorkPort websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.

4.7. Closing Your Account

You may request to close your account at any time. Upon account closure, we will cancel any pending transactions unless otherwise legally prohibited. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. We will retain your information in accordance with our Privacy and Data Protection Policy and any applicable state law, rule or regulation.

4.8. Communication with WorkPort

You may contact us through an e-mail [support@workport.pl] or a feedback form located at [www.workport.pl.

5. How you may NOT use the WorkPort Services

5.1. By using the WorkPort Services, you agree that

♦ you will not engage in any activities related to WorkPort that violate any applicable law or breach this Agreement or any other agreement or policy you have with WorkPort;

♦ you will not provide false, inaccurate or misleading information;

♦ you will not provide information belonging to any person other than yourself or use an account

that belongs to another person for yourself or on behalf of another person;

♦ you will not post the content that:

▪ is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

▪ harasses or advocates harassment of another person;

▪ involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or

“spamming”;

▪ promotes information that you know is defamatory, false, misleading or promotes illegal

activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

▪ promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated files or links to them, providing information to circumvent

manufacture installed copyright protected devices;

▪ contains restricted or password only access pages, or hidden pages or images (those

not linked to or from another accessible page);

▪ publicly displays inappropriate content or material (involving, for example, nudity,

bestiality, pornography, graphic violence, or criminal activity);

▪ provides material that exploits people under the age of 18 or the age of legal majority

in your jurisdiction (if different than 18), or solicits personal information from such

people;

▪ provides instructional information about illegal activities such as making or buying

illegal weapons, violating someone's privacy, or providing or creating computer viruses;

▪ made by or in support of terrorist groups or content that promotes terrorist acts,

including recruitment;

▪ solicits passwords or personal identifying information for commercial or unlawful

purposes from other Users;

▪ engages other Users in commercial activities without WorkPort prior written consent

such as contests, sweepstakes, barter and advertising;

♦ you will not promote information on human trafficking or any content which promotes people’s engagement to use fraud, force or coercion to obtain labour which will be trafficked.

♦ you will not include in your account any telephone numbers, addresses, names, URLs or email addresses of third parties. You may not include in your correspondence with other Users any URLs, email addresses or telephone and fax numbers of third parties;

♦ you will not use the WorkPort Services in connection with any commercial endeavors;

♦ you will not collect data from the Website or the Mobile app either by authorized and not authorized ways through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake User accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity. You may not collect data from the Website or the Mobile app by any other means including manual collection of data;

♦ you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.

5.2. Illegal use of the WorkPort Services will be investigated, your account will be deleted and appropriate legal action may be taken, including without limitation, civil, criminal, or other proceedings.

6. Disputes resolution

6.1. Disputes between Users

You are solely responsible for your interactions with other Users. WorkPort reserves the right, but has no obligation, to monitor disputes between you and other Users.

6.2. Disputes with WorkPort

If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact us at [support@workport.pl] to try resolving your problem directly with us.

6.3. Mandatory Litigation

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE.

Except as explicitly provided in this Agreement, any dispute or claim relating in any way to your access to the WorkPort Services, your use of the WorkPort Services, or otherwise arising out of or relating to this Agreement or the WorkPort Services that cannot be resolved directly between you and WorkPort shall be resolved by the respective court of the Republic of Poland.

6.4. Restrictions

You and WorkPort agree that any litigation shall be limited to the dispute between WorkPort and you individually. To the fullest extent permitted by law, (i) no litigation shall be joined with any other; (ii) there is no right or authority for any dispute to be resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

6.5. Exceptions to Informal Negotiations and Mandatory Litigation

You and WorkPort agree that the following disputes are not subject to the above provisions concerning informal negotiations and mandatory litigation (i) any disputes seeking to enforce or protect, or concerning the validity of, any of your or WorkPort’s intellectual property rights; and (ii) any claim for injunctive relief.

7. Miscellaneous Provisions

7.1. Operations

We operate and control the WorkPort Services from our office at st. B. Chrobrego 5, 11-400 in Kętrzyn, Poland. The information provided by WorkPort is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject WorkPort to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the WorkPort Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all materials obtained through the Website or the Mobile app, paying all amounts you owe (including any fees or expenses incurred or imposed by the WorkPort Services) in full and deleting account and the Mobile app. The privileges granted to you under the General Terms of Services will terminate immediately and automatically without additional notice from WorkPort if, in our sole discretion, you fail to comply with any term or provision of this Agreement. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Services. You may not assign these Terms of Services and the rights and obligations hereunder without our prior written consent, but we may assign these Terms of Services and our rights and obligations hereunder to any party at any time without any notice to you. Upon our request, you will furnish us any documentation or information necessary to verify your compliance with this Agreement. You agree that Terms of Services will not be construed against WorkPort by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto.

7.2. Enforceability and Governing Law

The failure of WorkPort to exercise or enforce any right or provision of these Terms of Services does not constitute a waiver of such right or provision. This Agreement cannot be changed or modified by you. If any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. The laws of the Republic of Poland govern your access to, and use of, the WorkPort Services and the terms of this Agreement.

7.3. Intellectual Property

All content, design, graphics, compilation, translation, digital conversion and other matters to the WorkPort Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by WorkPort or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Website or the Mobile app, unless expressly permitted in this Agreement, is strictly prohibited. Use of the WorkPort Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you may access. The posting of information or materials in the Website or the Mobile app does not constitute a waiver of any right in such information and materials.

7.4. Indemnification

You agree to indemnify, defend and hold us and our affiliates harmless from any liability, related to your use of the WorkPort Services or any violation of this Agreement.

7.5. DISCLAIMER OF WARRANTY

WORKPORT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE AND OUR AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WORKPORT SERVICES OR (ii) THE ACCURACY, OR RELIABILITY OF THE CONTENT AT THE WEBSITE OR THE MOBILE APP. WE AND OUR AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE WORKPORT SERVICES, INCLUDING ANY WARRANTY REGARDING NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WORKPORT AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE WORKPORT SERVICES OR THE SERVICES OF THIRD PARTIES.

WORKPORT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE APPLICANT. THE EMPLOYER ACCEPT THE ENTIRE RISK ARISING OUT OF APPLICANT'S USE OF WORK.

7.6. LIMITATION OF LIABILITY

WORKPORT AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY SERVICES AVAILABLE FROM OR THROUGH THE WEBSITE OR THE MOBILE APP. IN PARTICULAR, WORKPORT AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), BREACH OF WARRANTY, TORT OR OTHERWISE; NOR ARE WE AND OUR AFFILIATES LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE. NONE OF THE WORPORT SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION OF THE WEBSITE OR THE MOBILE APP BEYOND OUR REASONABLE CONTROL.

It is possible that other Users may post or transmit offensive or obscene materials through the Website or the Mobile app and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others User to obtain personal information about you due to your use of the WorkPort Services. WorkPort is not responsible for the use of any personal information that you disclose at the Website or the Mobile app. Please carefully select the type of information that you post or release to other Users.

WORKPORT DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING USE OF THE WORKPORT SERVICES OR OTHERWISE.

IN NO EVENT SHALL WORKPORT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE WORKPORT SERVICES EXCEED 100 USD.

THESE LIMITATIONS OF LIABILITY STATED HEREUNDER AND DISCLAIMER IN SECTION 7.5 OF THIS AGREEMENT DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

7.7. No Third-Party Beneficiaries

This Agreement is concluded between you and WorkPort. No User has any rights to force WorkPort to enforce any rights it may have against you or any other User.