Terms and conditions

1. DEFINITIONS
   1. In these Terms and Conditions the following terms and expressions shall have the meanings as defined herein below and shall be applicable to capitalized definitions, unless clearly defined otherwise:

      “Account”	means a virtual account on the Website, which you create and open when you register on the Website to become the User, i. e. the Job Seeker or the Recruiter (as the case may be), thus enabling you to get access and use further functionalities of the Website, which are only available to the registered users of the Website.
      “ACV”	means UAB "AviationCV.com", a private limited liability company, incorporated and existing under the laws of the Republic of Lithuania, legal entity code: 302615625, having its registered address at Dariaus ir Girėno g. 21, Vilnius, Lithuania.
      “Applicable Laws”	means, with respect to any User, all applicable statutes, laws, by-laws, rules, regulations, orders, ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees and/ or other requirements or official directives of any governmental authority or court or other rules or regulations, approvals from the relevant governmental authority, government resolution, directive, or other government restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law.
      “Aviation Industry”	means the business sector comprising all features of passengers or cargo air transportation carried out using an aircraft and all activities and operations that facilitate it.
      “Cookies Policy”	means the rules and requirements on using cookies on the Website.
      “CV”	means Job Seeker’s Curriculum Vitae (including any annexes thereto, if any).
      “Recruiter”	means a legal person that opens and creates the Account thus enabling to use the Services for the purposes to employ the Job Seekers and publish employment related content on the Website, including employment agency looking for and / or hiring Job Seekers on behalf of one or multiple recruiters acting in the Aviation Industry.
      “GDPR”	means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
      “Job Listing”	means a job listing created and published by the Recruiter on the Website, that typically includes job title, job description, requirements for experience and education, materials, terms and deadlines for application.
      “Job Seeker”	means a natural person who creates the Account thus enabling to use the Services for the purposes to explore employment opportunities across the Aviation Industry and other job-related content and functionalities that are available on the Website.
      “Order”	means a written order, whereby the Recruiter orders Services from ACV which are subject to payment. The procedure of Order submission and execution is indicated in Clauses 4.4 – 4.6 hereof.
      “Privacy Policy”	means the rules and requirements on collection, storage and handling of information (including information about the Users) related to usage of the Website and its Services. Could be found there:  https://www.aviationcv.com/privacy-policy .
      “Profile”	means a virtual profile of a Job Seeker or Recruiter (as the case may be) that contains a set of data and information characterizing particular Job Seeker or Recruiter.
      “Services”	mean all and any services that may be provided by ACV to the Users as defined in these Terms and Conditions and which are accessible through the Website subject to creation of an Account.
      “Terms and Conditions”	means these Terms and Conditions.
      “User”, “you” or “your”	means any natural or legal person who following the instructions available on the Website has created the Account on the Website as a prerequisite to acquire and use the Services accessible through the Website as well as to use further functionalities thereof. The User may act in the capacity of a Job Seeker or Recruiter.
      “Website”	means the website https://www.aviationcv.com/ and all related sub-domains of this website.

   2. References to clauses, items or provisions are references to clauses, items or provisions of that particular document containing such reference unless specifically stated otherwise.
   3. Each time words “include” or “including” or words of similar meaning are used in these Terms and Conditions, it shall be regarded that they are followed by words “without limitation”.
   4. The headings of clauses are used for convenience only and shall not affect an interpretation of these Terms and Conditions.
   5. Reference to a party includes its personal representatives, successors or permitted assigns.
   6. References to “ACV”, “we” or “us” in these Terms and Conditions shall mean ACV as set forth above.
   7. Reference to writing or written includes e-mails, unless otherwise explicitly stated herein.

 

2. CONTRACT BETWEEN YOU AND US
   1. These Terms and Conditions shall be regarded as a contract concluded between ACV and the User on the terms of using the Website and the Services available on the Website. Such contract shall be deemed concluded when you create an Account following the instructions available on the Website. This contract is also governed by the Site Usage Policy, the Privacy Policy and Cookies Policy which are available for your review at any time on the Website and which together with these Terms and Conditions form a single contract between you and ACV (hereinafter collectively the Official Rules).
   2. If you are accessing or using the Website in your capacity as a representative of a Recruiter, you are agreeing to these Terms and Conditions on behalf of such Recruiter and you represent and warrant that you have the authority to bind such Recruiter, as applicable, to these Terms and Conditions.
   3. We may change these Terms and Conditions from time to time. In case of material changes to it, we will notify you by reasonable means, including by posting a revised Terms and Conditions on the Website, thus giving you the opportunity to review the changes before they become effective. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Terms and Conditions incorporating such changes, or otherwise notified you of such changes. If you object to any changes you shall immediately close your Account. User’s continued use of the Services following any changes to these Terms and Conditions will constitute User’s unconditional acceptance of such changes. We may, at any time and without any liability whatsoever, modify or discontinue all or part of the Website (including access to the Website via any third-party links), or its Services; charge, modify or waive any fees required to use the Website (any part thereof), or introduce new opportunities and Services to some or all the Users of the Website. For avoidance of doubt, the User shall be binding on the Terms and Conditions which were applicable at the time of using the Services, unless mandatory legal acts require otherwise.
   4. It is your sole responsibility to adhere to the most current edition of this Terms and Conditions.
   5. Any deviations from these Terms and Conditions applicable namely and exclusively to you need to be agreed in writing between you and ACV by concluding separate agreement which shall automatically be regarded as an integral and inseparable part of these Terms and Conditions, otherwise no deviations from these Terms and Conditions shall be applied.
   6. Should you wish to terminate this contract concluded between you and ACV as per the terms provided in these Terms and Conditions, please delete your Account and / or contact ACV by sending a message via this platform available on the Website by providing all material information necessary for the termination of the contract https://www.aviationcv.com/en/page/contact-us. In case additional information is reasonably needed to terminate the contract as per your request, ACV will contact you with no unreasonable delay.
   7. By creating your Account, you automatically agree that ACV operates and maintains the Website exclusively as a platform where the Job Seekers using the functionalities available on the Website can search or otherwise seek for new job opportunities and the Recruiters can reach out the Job Seekers or otherwise advertise themselves for the purpose to fill in their open positions in the Aviation Industry. You acknowledge and agree that ACV reserves a right to limit your use of the Website (any part thereof), to restrict, suspend, or terminate your Account with no liability of whatsoever nature towards ACV, if you attempt to use the Website for any other purpose than defined hereunder.
   8. By creating your Account, you automatically agree and undertake not to create a false identity, misrepresent your identity, create an Account for anyone other than yourself (a real person), or use or attempt to use another’s Account.
3. SECTION A – TERMS AND CONDITIONS FOR JOB SEEKERS

   For the purposes of this Section A hereof, all references to “you” or “your” shall mean the User accessing the Website in the capacity of a Job Seeker.

   1. GENERAL

      1. Subject to creation of your Account and your confirmation on acceptance to these Terms and Conditions, the following Services shall be accessible to you on the Website through your Account:
         1. uploading and / or creating your CV;
         2. yours as a Job Seeker’s presentation to Recruiters actively looking for employees;
         3. reviewing Job Listings published on the Website by certain Recruiters;
         4. applying for vacancies under certain Job Listings;
         5. receiving job recommendations;
         6. receiving notifications/updates with regards to the Job Listings you have applied for;
         7. other Services that are or may be available on the Website from time to time;
         8. receiving regular notifications (in a form of newsletters) on new/featured Job Listings which may be sent to your e-mail provided by you when creating or afterwards updating your Account details.
      2. As for now the Services available to the Job Seekers are free of charge. However, you confirm your understanding and agree that ACV reserves a right to charge for the Services (or a part thereof) provided that ACV will notify you of any such change at least 30 (thirty) calendar days prior the effective date. In case you disagree with the introduced fees and / or other new payment terms hereunder, ACV shall have a right to terminate your Account and refuse all and any Services with an immediate effect.  
      3. Please note that you are free at any time to unsubscribe from newsletters when creating your Account, in “My subscriptions” section in your Account settings and / or by clicking on a link in our outgoing newsletters or directly contacting ACV via contacts published on the Website.

   2. ACCOUNTS

      1. ACV reserves the right to limit the Job Seeker’s use of the Services, to restrict, suspend, or terminate the Job Seeker’s Account if ACV, in its sole discretion, determines that the Job Seeker:
         1. does not meet the eligibility requirements set forth in Clause 3.5 herein and therefore is not an eligible User; or
         2. breaches these Terms and Conditions or any part thereof and/or other Applicable Laws; or
         3. use the Website and / or Services (any part thereof) in a malicious or otherwise inappropriate manner.
      2. You are not allowed to use the Website and Services, if you are not able to form a legally binding agreement or if your Account has been temporarily or indefinitely suspended or terminated regardless the basis for such suspension or termination or if you are younger than 18 (eighteen) years old and you do not have consents and / or approvals required under Applicable Laws (if any) to use the Website and / or its Services. By accessing or using the Website and its Services you unconditionally guarantee and confirm that you are legally able to enter into the contract contemplated by these Terms and Conditions and that you have read, understood and agree to be bound by these Terms and Conditions and any part thereof. If you use the Website, ACV assumes that you meet all and any legal requirements related to such use and ACV shall have a right but not an obligation at any time to ask you to provide ACV with confirming information and / or documents.

   3. JOB LISTINGS AND APPLICATION

      1. ACV may make available Job Listings and other job-related content, including links to third-party websites through search results or otherwise through the Website.
      2. Job Listings are created and published on the Website by different Recruiters over whom ACV has no control. Therefore, ACV cannot confirm the accuracy or completeness of any Job Listing or other information submitted and made available on the Website by any Recruiter, including its identity. Therefore, you acknowledge and agree that ACV is not responsible for the content of Job Listings available at any time on the Website or any conditions the Recruiters might impose towards you in case of your application under certain Job Listing. ACV assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Listings, or other information submitted on the Website by any Recruiter.
      3. The Website may have certain functionalities that may assist you navigating job opportunities. For example, you may be able to use search options to help you to narrow down Job Listings’ search results by job categories (i.e. Pilots Jobs, Engineering Jobs, Cabin Crew Jobs, etc.), and such categories are created independently and entirely by ACV, and may not directly or accurately reflect the content of the Job Listings. ACV has no obligation to screen any Job Listings, or to include any Job Listings, in its search results or other listings, and may exclude or remove any Job Listings from the Website or your search result without any obligation to provide you a reasoning for such removal or exclusion.
      4. ACV may also promote Job Listings from selected Recruiter on the Website based on specific topics, such as featured Recruiters, top Recruiters, etc. The placement of a certain Job Listing on a dedicated topic does not represent or guarantee the nature of the Recruiter or Job Listing and does not guarantee better employment opportunities.

   4. PROFILE AND CV

      1. Once you create your Account, you are requesting and authorizing ACV to associate your personal data with your Profile. Your Profile consists of information you provide while creating an Account on the Website and making later updates in your “Profile” section of your Account. This includes your CV and any information that you choose to include subject to functionalities available on the Website.  
      2. The Website may allow the Job Seekers to upload their CV or create it directly on the Website by using automated Website tool that creates CV based on your personal information provided by you while creating/updating your Account. Furthermore, you agree and authorize ACV to review and/or scan your CV and, if needed (in ACV’s sole discretion), make certain adjustments to your Profile according to your provided information in order to make your Profile more attractive to Recruiters. You agree that your use of Profile or any other information adjusted by ACV is at your sole risk and ACV assumes no responsibility and disclaims all liability in relation thereto.
      3. By uploading personal information on the Website, you automatically agree that ACV assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability or availability of any such personal information provided by you. It is your sole responsibility to constantly review your CV and other information provided by you on the Website in order to always ensure that the content appears as you intend and that it contains the true and accurate information. Every 12 months you will be asked to review and confirm the accuracy of your provided information. If information is not updated in 36 months your account will be deleted. For avoidance of doubts, in case of any inaccuracy in any such material, correction of such inaccuracies is your sole exclusive responsibility.
      4. By uploading or creating your CV on the Website you automatically request your CV to be available and visible to the Recruiters accessing the Website, unless following the functionalities and using the settings available on the Website (if any), you choose your CV and / or Profile being invisible or otherwise inaccessible to third parties.   
      5. By uploading your CV or other personal information on the Website, you automatically confirm your understanding and agree that your CV and / or other personal information of yours may be copied by other third parties accessing the Website, who can then make your CV publicly available elsewhere or otherwise use your CV or personal information. Since ACV has no control over the Recruiters or other third parties accessing the Website, ACV assumes no responsibility and disclaims all liability in relation hereto.

   5. APPLYING TO JOBS THROUGH THE WEBSITE

      1. Using the Website, you are able to submit your applications by directly contacting the desired Recruiters or by applying under particular Job Listings published on the Website. Once you provide any information to any Recruiter (whether in a form of a job application, CV or otherwise), ACV does not have control over the Recruiter’s further use or disclosure of that information. If you wish the Recruiter to delete, modify or maintain confidence over any of information you have provided, you must make such a request directly to the Recruiter. If you seek for alternative methods for applying, you must approach the selected Recruiter directly to request for such alternative method, since ACV is not responsible for the application processes imposed and applied by the Recruiters.
      2. If you request ACV to submit your application or other information to certain Recruiter through the Website, you shall provide ACV with all the necessary information. In such case you automatically authorize ACV to make available such information to certain Recruiters. You further agree to ACV’s performance of automated processing in relation to your application, as such processing is an essential part of this Service.
      3. ACV does not and shall not guarantee that any of your applications (despite of the forms/method of their submission) will be actually delivered, received, accessed, read or acted upon by any Recruiter. In addition to this, ACV does not guarantee that any Recruiter will actually receive, access, read or respond to any such application, or that there will be no mistakes and / or errors in the process of transmission or storage of the data thereof.
      4. ACV does not guarantee the actual validity of any Job Listings made available on the Website, therefore, ACV highly recommends the Job Seekers to carefully assess and verify each and every Job Listing before taking an adverse action regarding their current employment status. Please note that Job Listing may expire before your application submitted under such Job Listing is received by the Recruiter. ACV has no responsibility whatsoever for any expired Job Listings or for delivering applications after expiration of a certain Job Listing.
      5. You understand and agree that Recruiters themselves transmit the information with regards to vacancies (including Job Listings) and other job-related information, and, therefore, the Recruiters themselves (and not ACV) are responsible for the content thereof, including, but not limited, to the accuracy and completeness of any information thereof. Additionally, the Recruiters when using the Website are solely responsible for compliance with all Applicable Laws, including GDPR, and are obligated to overall act properly and ethically on the Website, however ACV does not control the Recruiters and, therefore, does not guarantee such or similar behavior on their part.  
      6. ACV does not guarantee the identity of any Recruiter or any individuals introducing themselves on the Website as working for and on behalf of or representing certain Recruiter. Therefore, any decisions of yours, including a decision to apply under certain Job Listing or quit your current job position, are exclusively up to you and at your sole risk and expense. Please note that ACV performs KYC (“Know Your Customer”) procedures on the part of Recruiters and executes monitoring of their activities from time to time and based on ACV’s internal rules and procedures, however ACV cannot and does not guarantee the identity of any Recruiter or any individuals introducing themselves on the Website as working for and on behalf of or representing certain Recruiter.
      7. You understand and agree that ACV does not guarantee or assure application of any health and safety measures in hiring or interviewing process arranged by Recruiters.

   6. JOB RECOMMENDATIONS

      1. Upon creation and activation of an Account, Job Seekers are from time to time provided with job recommendations which may be presented to Job Seekers in various formats on the Website or via email that is associated with the Account of a Job Seeker. For example, ACV may recommend certain Job Listings based on your selected criteria or which are similar to jobs to which you have recently applied. Please note that you can unsubscribe from job recommendations following the instructions available on the Website.
      2. For the purpose to generate job recommendations, ACV may use data collected through the Website from both Recruiters and Job Seekers. This may inter alia include Job Listings, your Profile, CV, other application materials of yours and your overall activity on the Website (such as searches you run and Job Listings you click on and apply to). You agree and consent that ACV may use this information for the purpose to improve your experience on the Website, including to present certain Job Listings to you and, accordingly, to introduce you to potential Recruiters.
      3. For the avoidance of doubts, any job recommendations presented to you does not assure or otherwise confirm your qualification for and under particular Job Listing and does not encourage you to take any actions pertaining thereto. Application under any Job Listing is always up to you and at your sole risk.

   7. NOTIFICATIONS

      1. While you using the Website, you may receive certain notifications, including but not limited to, emails or email notifications corresponding with your or Recruiter’s (in the event you applied for a job of a such Recruiter) activity on or use of the Website or any other communications service, product, or feature provided on or through the Website. In all cases, such notifications are provided solely for information purposes and you shall not rely on them and any decisions made by you based on such notifications are at your sole risk. ACV disclaims all warranties with regards to the transmission or storage of such notifications and does not guarantee their delivery or receipt.

   8. JOB SEEKER’S DATA SHARING

      1. Upon creation of your Account, you automatically agree that:
         1. ACV upon its sole discretion may use and share your information and data for the purpose to provide you with recommended Job Listings that may be of a certain interest to you;
         2. ACV upon its sole discretion may use and share your information and data for the purpose to introduce you to certain Recruiters even though you have not applied for Job Listings of such Recruiters;
         3. your Profile can be found by Recruiters;
         4. ACV may use automated systems to process the information and data you have provided on the Website;
         5. the Recruiters may contact you based on the information and data that you or we have provided.
      2. When you make changes to your Profile, including, but not limited to, updating, deleting, or changing information/settings, it may take certain time for the changes to be reflected. For avoidance of any doubts, ACV does not guarantee any time limits during which such changes are to be duly reflected.

   9. TERMINATION

      1. Job Seekers may terminate these Terms and Conditions at any time for any or no reason with immediate effect by deleting their Account and / or contacting ACV as per the Clause 2.6 hereof.
      2. In the event of termination of these Terms and Conditions:
         1. all provisions of these Terms and Conditions which by their nature should survive termination shall survive any such termination and remain valid and applicable, including without limitation, warranty disclaimers, indemnifications, and limitations of liability; and
         2. the accrued rights, remedies, obligations and liabilities of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of these Terms and Conditions which existed at or before the date of termination.

 

4. SECTION B – TERMS AND CONDITIONS FOR RECRUITERS

   For the purposes of this Section B hereof, all references to “you” or “your” shall mean the User accessing the Website in the capacity of a Recruiter. For avoidance of any doubts, Services to Recruiters that are or may be accessible through the Website are intended only for professional and business needs.

   1. GENERAL

      1. Subject to creation of your Account and your confirmation on the acceptance to these Terms and Conditions, the following Services shall be accessible to you on the Website through your Account:
         1. creating and posting Job Listings and other job-related information (if available);
         2. access to recruiter profile dashboard, tracking the job ad views and applications;
         3. advertising your Profile and / or Job Listings that have been created and posted by you on the Website;
         4. access to databases of the Job Seekers based on your search criteria;
         5. other Services that are or may be available on the Website from time to time.
      2. As for now the Services described in Clauses 4.1.1, 4.1.2and 4.1.4 hereof are free of charge. However, you confirm your understanding and agree that ACV reserves a right to charge for such Services (or a part thereof) provided that ACV will notify you of any such change at least 30 (thirty) calendar days prior the effective date. In case you disagree with the introduced fees and / or other new payment terms hereunder, ACV shall have a right to terminate your Account and refuse all and any Services with an immediate effect with no liability on its part.
      3. Please note that ACV undertakes to provide the Recruiters with the Services listed in the Clause 4.1.44 herein only upon receipt of full payment of the price payable for particular Services. If the Recruiter fails to pay the total price payable for particular Services, ACV is not in any case obliged to provide the Recruiter with the aforementioned Services.
      4. In case the Recruiter wishes to receive  the Services that are subject to payment as per the terms hereunder, the Recruiter shall provide ACV with the Order through the Website (https://www.aviationcv.com/en/page/contact-us) or contacting ACV via e-mail: hello@aviationcv.com.  Each and every Order submitted to ACV shall contain details on the Services being requested. If additional information pertaining to the Order is necessary, ACV will contact you as soon as practically available.
      5. Any placed Order shall bind ACV and the Recruiter after and only if it is explicitly accepted by ACV by issuing a written confirmation. Please note that ACV is free to decline any Order without giving any reasoning to you.  ACV will put commercially reasonable efforts to respond to you regarding your Order as soon as practically available.
      6. The payment for the Services shall be made by the Recruiter and the Services shall be provided by ACV following these Terms and Conditions.
      7. The Services that are subject to payment shall be deemed purchased by you and the payment for the Services shall be deemed received by ACV as follows:
         1. in case of payment by Credit Card – at the moment of payment, i.e. immediately once the price of the Services is deducted from the Credit Card you use for payment;
         2. in case of payment by Wire Transfer – at the moment the price of the Services is credited to our bank account and you are provided with an electronic invoice.
      8. In case you have any questions regarding our Services that are subject to payment, ACV highly recommends you to contact us prior to any purchase in order to solve all uncertainties and thus avoid any misunderstandings. We will put commercially reasonable efforts to provide you with the requested assistance in a timely manner.
      9. ACV reserves the right to process Recruiter’s and/or his employees and/or representatives contact's personal data for the purpose of marketing of similar services or products. The person whose personal data is processing for this purpose will be able to refuse direct marketing e-mails by clicking a link in the message at any time.

   2. ACCOUNT

      1. ACV reserves the right to limit your use of the Services, to restrict, suspend, or terminate your Account if ACV, in its sole discretion, determines that you:
         1. have breached these Terms and Conditions or any part thereof or other Applicable Laws; or
         2. use the Services (any part thereof) in a malicious or otherwise inappropriate manner.

   3. CREATING AND POSTING JOB LISTINGS ON THE WEBSITE

      1. This section of the Terms and Conditions provide rules and requirements regarding the content and format of Job Listings to be created and posted on the Website by the Recruiters using the functionalities and following the instructions available on the Website.
      2. By creating your Account and accepting these Terms and Conditions you automatically and unconditionally agree that all Job Listings created and published on the Website shall comply with the following requirements:
         1. no Job Listings shall contain baseless keywords. For the purpose hereof, baseless keywords shall mean deliberately inserting words, strings of words, or repeating words that influence or may influence Job Listing’s position in the results listing, or increase or may increase the number of Job Listing views;
         2. Job Listings must be for genuine vacancies only and not for any other products or services, including, but not limited to, affiliate schemes, pyramid selling schemes or any other so-called “business opportunity”;
         3. each Job Listing must be for one employment position in the Aviation Industry only. Multiple employment positions must each have their own separate Job Listing;
         4. the content of each Job Listing must comply with the Applicable Laws and requirements and shall not infringe any rights or legitimate interests of any other person;
         5. each and every Job Listing must be created and posted solely for the purpose to find and employ certain Job Seeker qualifying the requirements thereof;
         6. no Job Listings requiring the Job Seekers to make any advance payment are allowed;
         7. no Job Listing shall be of a discriminatory or possibly discriminatory nature. For the purpose hereof, discrimination shall mean, for example, that a Job Listing or any other specific requirements therein make clear that only Job Seekers matching certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age and / or disability;
         8. each and every Job Listing shall contain as accurate and detail information as possible;
         9. each and every Job Listing shall be in English language (bilingual Job Listings may be possible, however English language is mandatory in any case).
      3. ACV reserves a right without any prior or subsequent notice to the Recruiter as well as without liability of whatsoever nature, to amend or remove any Job Listing which, at ACV’s sole discretion and opinion, does not meet the requirements of these Terms and Conditions and / or the Applicable Laws. You understand and agree that it is your sole responsibility to refrain from any action on the Website, including posting any Job Listing thereon, that violate these Terms and Conditions and / or the Applicable Laws. All Job Listings are accepted and made available for publication on the Website by ACV on the basis that the Recruiter confirms and guarantees that the Job Listing complies with these Terms and Conditions and the Applicable Laws and does not violate any rights and / or legitimate interests of any third person.
      4. Recruiters are solely responsible for the content of any Job Listings posted on the Website, communication with the Job Seekers through or by using the Website, application forms made available on the Website, the content of screener questions and their format, criteria that are set for selection of the Job Seekers. Taking this into account, ACV shall in no event be responsible for any of stated herein and, therefore, disclaims all liability that may arise with regards to any of stated herein.  
      5. You agree and guarantee to always deal fairly and professionally with any Job Seeker who may respond to any Job Listing you have posted on the Website or may otherwise contact you through the Website or otherwise using the Website and further agree to refrain from any actions which may bring ACV (any of its affiliates) or the Website into disrepute.
      6. ACV does not guarantee that any of your Job Listings posted on the Website will be of any interest to the Job Seekers and ACV does not guarantee receipt of any applications under any of your Job Listings or that applications will be from the Job Seekers qualifying the requirements listed therein. It is your sole responsibility to carry out appropriate verification and assessment as may be necessary to ensure that particular Job Seeker qualifies for particular Job Listing published on the Website.
      7. You agree that ACV may upon its sole discretion send you applications of the Job Seekers to your email the address of which you have provided ACV with. ACV does not guarantee delivery or your receipt of the Job Seekers’ emails or application materials, or that there will be no mistakes in the transmission or storage of the data thereof. Any notifications you may receive pertaining to applications or other activities on the Website, are provided solely for information purposes and you shall not rely on them and any decisions made by you based on such notifications are at your sole risk.
      8. You further agree that ACV is not responsible for maintaining or storing any of Job Seekers’ application materials and you are solely and exclusively responsible for your compliance with any Applicable Laws in relation to personal data processing requirements under our Privacy Policy, GDPR and other Applicable Laws.

   4. ADVERTISING

      1. Subject to your provision of the Order and its further acceptance by ACV as well as ACV’s receipt of full payment thereunder, ACV may provide you with advertising services which may include direct email marketing to targeted group of Job Seekers, lead generation optimization, web campaign planning, provision of advertising space on the Website and other social media, with the purpose to promote your image, your Job Listings or building your overall attractiveness as a Recruiter.  
      2. All specific terms and conditions for advertising services shall be agreed by ACV and Recruiter separately based on received Order (if any). For avoidance of any doubts, ACV shall in no case be obligated to accept or otherwise react to any Order received from you.
      3. With regards to advertising services and for the avoidance of doubts, you acknowledge and agree that ACV does not in any case act as an employment agency by posting or otherwise advertising on the Website you and / or any of your Job Listings. ACV maintains and operates the Website solely as an online tool enabling Recruiters and Job Seekers to exchange information and contact each other. Any issues or claims arising out of acceptance or denial of employment or any other interaction between you and certain Job Seeker on the Website are and shall always be the matters to be dealt upon directly between you and a Job Seeker.

   5. SEARCH FOR JOB SEEKERS

      1. Subject to your provision of the Order and its further acceptance by ACV as well as receipt of full payment thereunder, ACV may provide you with an access to the Job Seekers database with the purpose of finding suitable Job Seekers to fill your employment openings.
      2. All terms and conditions in relation to granting you an access to Job Seekers’ database shall be agreed by ACV and Recruiter separately based on received Order (if any). For avoidance of any doubts, ACV shall in no case be obligated to accept or otherwise react to any Order received from you.
      3. While using Job Seekers’ database you shall always follow the requirements of these Terms and Conditions, Applicable Laws, Privacy Policy and GDPR. With regards using the Job Seekers’ database, you automatically and unconditionally agree and undertake not to:
         1. supply, sell or license any material from the Job Seekers’ database to any other third party or in any other way or form that may breach the requirements hereunder, the Privacy Policy, GDPR and any Applicable Laws;
         2. download the Job Seekers’ database (any information and data contained therein) through any automated (e.g. "scraping") process; and
         3. contact the Job Seekers or make or allow any use of the Job Seekers’ details other than for the purpose of finding suitable Job Seekers’ for specific job vacancies.
      4. Job Seekers’ database has several functionalities that may assist you. For example, you can use search options to help you narrow down Job Seekers search results by certain criteria (e.g. years of experience, qualification, etc.), and such categories are created independently and entirely by ACV, and may not directly or accurately reflect the qualification or other characteristic of the Job Seekers. ACV has no obligation to screen any Job Seeker, or to include any Job Seeker in its search results or other listings, and may exclude or remove any Job Seeker from the database or your search result without any obligation to provide you with any prior or subsequent reasoning to you for such removal or exclusion.
      5. You agree to always deal fairly and professionally with the Job Seekers who you may contact using the database and further agree to refrain from any actions which may bring ACV (any of its affiliates) or the Website into disrepute.
      5301738981. 1. Please note that any payments made by you to ACV under or in connection with these Terms and Conditions (if any) are non-refundable, unless otherwise explicitly stated herein or separately agreed between you and ACV in writing.
                  2. ACV may terminate this contract concluded between you and ACV hereunder and stop providing the Services (any part thereof) that are subject to payment immediately and at any time with an obligation of a refund, unless it is due to your breach of any obligations hereunder and / or unless the Services on the date of their termination are completed on the part of ACV. The refund is the sole and exclusive remedy that may provided to you by ACV in case of ACV’s termination/cancellation of the Services (any part thereof) that are subject to payment.
                  3. The exact amount to be refunded to you shall be calculated in each case proportionally based on the Services that have actually been provided by ACV prior to their termination/cancellation on the part of ACV and with no fault of yours. For avoidance of any doubts, the refund discussed hereunder, shall not exceed the amount which has been paid by you to us with respect to the terminated/cancelled Services.
                  4. ACV shall provide you with a refund within 30 (thirty) calendar days upon receipt of your reasonable request and mutual confirmation of the amount to be actually refunded. 
                  5. In case of a refund hereunder, it shall be made in the same manner and through the same means as it was paid, unless otherwise clearly agreed between you and us.
                  6. You explicitly agree that ACV shall have a right to set off its claims towards you against your claims towards us (including your right to request for a refund, if any), upon our sole discretion and with prior notice to you.

 

5. PRICING AND PAYMENTS
   1. Unless otherwise stated herein or directly on the Website payments for the Services that are subject to payment shall be paid in Euros.
   2. The User, seeking to acquire the Services hereunder which are subject to payment, is solely responsible for paying all charges and fees payable for that particular Services in a manner of a payment accepted on the Website and following the payment instructions available therein.
   3. The User shall be solely responsible for any charges applied by the User’s bank or the bank account of the recipient in connection to any payments hereunder.
   4. ACV reserves the right to exclude certain payment methods or to include additional ones on the Website at its own discretion and at any time and with no notice to you.

 

6. LIABILITY
   1. ACV gives no guarantee or warranty to the User that acquisition of the Services hereunder will actually result in the User’s satisfaction of its needs pertaining to employment relations.
   2. The Services that are available on the Website are available “as is” and, therefore, ACV specifically disclaims all and any warranties that may be implied with respect to the Services.
   3. ACV gives no guarantee or warranty to Recruiters that using of the Website (including the Services available therein) will actually result in filling the Recruiters’ vacancies or that the employed Job Seekers (if any) will meet any of a Recruiters’ expectations.
   4. ACV gives no guarantee or warranty to Job Seekers that using of the Website (including the Services available therein) will actually result in Job Seeker’s employment at certain Recruiter or that the employment relations with certain Recruiter (if any) will meet any of a Job Seeker’s expectations.
   5. With regards to the content of the Job Listings presented on the Website, ACV exclusively reproduces information established and provided by the Recruiters. Therefore, ACV is not responsible and liable for the content and any other specifications and information pertaining to the Job Listings that are presented on the Website. Taking this into account, ACV shall in no case be liable to any User or any other third party for any losses and / or damages of whatsoever nature incurred in connection to or as a result thereof.
   6. Without prejudice to any rights that ACV has under these Terms and Conditions and / or Applicable Laws, should the User breach any of its obligations under these Terms and Conditions (or any part thereof), ACV reserves the right to suspend the User’s access to the Website immediately, upon becoming aware of any such breach committed by the User, at its sole discretion and without incurring any liability. Such suspension shall be cancelled by ACV within a reasonable period of time and if technically possible once the breach is duly cured by the User at the sole risk and expense of the User.
   7. ACV shall be liable against the User for direct damages caused to the User in connection with the performance, non-performance or improper performance of the Services due to the gross negligence or wilful misconduct of ACV, its directors, officers, employees, agents. ACV shall in no case be liable for any special, incidental, consequential, punitive or indirect losses howsoever arising, except where such limitation of liability is explicitly prohibited by applicable legal acts. You agree that ACV shall not be deemed to be at fault as a presumption and, therefore, the User will bear the burden to prove we are at fault in each case you seek for our liability.
   8. The User agrees and undertakes to hold forever harmless and indemnify ACV from and against all and any claims, pretences and/or demands brought by any third parties arising out of or in connection with this agreement concluded between the User and ACV, unless such claims, pretences and / or demands are due to the established and proved gross negligence or wilful misconduct on the part of ACV.

 

7. THIRD PARTY WEBSITES
   1. The Website itself or third parties may provide links or other access to other websites and resources on the internet from the Website. The User confirms its understanding and agrees that ACV has no control over such websites and resources and ACV is not responsible for and does not endorse such websites and resources.
   2. The User further acknowledges and agrees that ACV will not be responsible or liable, directly or indirectly, for any damage or loss (of whatsoever nature) caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such website or resource. Any dealings the User has with any third parties found while using the Website or any content available on the Website are between the User and the third party, and, therefore, the User agrees that ACV is not and will not in any case be liable for any loss or damage that the User may incur in this regard.

 

8. GOVERNING LAW AND DISPUTE RESOLUTION
   1. These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of Lithuania.
   2. All and any disputes arising out of or related to these Terms and Conditions shall be aimed to be resolved through amicable mutual negotiations between the User and ACV.
   3. If no agreement between the User, acting in the capacity of a Job Seeker, and us is reached within 14 (fourteen) calendar days upon receipt of the User’s written request/claim or if the User does not agree with the response of ACV to its written request/claim, the User is reminded that it has a right to apply to the State Consumer Rights Protection Authority as a body for the consumers disputes settlement in the Republic of Lithuania (if applicable under particular case), address: Vilnius g. 25, LT-01402 Vilnius, the Republic of Lithuania, tel. No.: (8 5) 262 6751, fax (8 5) 279 1466, e-mail: tarnyba@vvtat.lt. website: http://www.vvtat.lt (as well as to the territorial subdivisions of the State Consumer Rights Protection Authority in counties), or the User can fill the application on the electronic dispute resolution platform http://ec.europa.eu/odr/. The User’s application to the State Consumer Rights Protection Authority shall not deprive the User from the right to apply to the competent Lithuanian court located in Vilnius, Lithuania.
   4. In no agreement between the User, acting in the capacity of a Recruiter, and us is reached within 14 (fourteen) calendar days upon receipt of the User’s written request/claim or if he User does not agree with the response of ACV to its written request/claim, such dispute can be finally resolved by the competent courts of the Republic of Lithuania, located in Vilnius, Lithuania.

 

9. FEEDBACK
   1. We kindly welcome your suggestions, ideas, comments, and other feedback regarding the Services and/or your overall experience on the Website (the Feedback). By submitting any Feedback, you automatically grant us the right to anonymously use your Feedback without any restriction or any compensation to you. By accepting your Feedback (if any), ACV does not waive any rights to use similar or related Feedback previously known to ACV, developed by our employees, contractors, or obtained from other sources.

 

10. MISCELLANEOUS
    1. Should any or several provisions of these Terms and Conditions be ineffective, the effectiveness of the Terms and Conditions as a whole document and the effectiveness of the other provisions shall remain unaffected. The ineffective or unfeasible provision shall, insofar as legally permissible, be deemed to be replaced by a legally effective provision which corresponds as closely as possible to the commercial intent and purpose of the ineffective provision. The same is valid for possible omissions in regulations.
    2. The failure of ACV to exercise or enforce any right or provision of these Terms and Conditions and / or the applicable legal acts does not automatically constitute a waiver of such right or provision.
    3. In case of discrepancies between the terms of these Terms and Conditions and the Site Usage Policy, and / or the Privacy Policy, the terms of these Terms and Conditions shall prevail and shall be applied.
    4. Any information relating to these Terms and Conditions may be exchanged between you and us electronically, and such exchange of information will be considered appropriate and treated in the same way as written communication and documents.
    5. If you wish to provide your Feedback or have any questions or need any assistance regarding these Terms and Conditions, please contact ACV via the following e-mail: hello@aviationcv.com or by sending a message directly on the Website through using your Account (if technically available). ACV will put commercially reasonable efforts to respond to you and provide you with the requested assistance. 
    6. These Terms and Conditions are effective as of: November 7, 2022.