Terms of Use [7-7-23]

EFFECTIVE DATE 7 July, 2023

INTRODUCTION

You are welcome to the Happy Monday Site,

https://happymonday.ua/ (collectively “Happymonday” or “we”, or “Site”) represents you Terms of Use, that with our Privacy Policy and Terms of Vacancies Placement (collectively called “Terms”) govern use of the website https://happymonday.ua/.

Please review these Terms carefully before the use of the Site because they affect your rights. By continuous use or review of the Site, you accept Terms and agree to be legally bound by them.

TERMS

Visitor – a person who visits the website https://happymonday.ua/ and does not intend to receive the Services.

User (Company) – an individual entrepreneur or a legal entity that accepts the terms of the Terms of Use and wishes to receive the Services on the https://happymonday.ua/ website.

Applicant – a person, who created a profile and posted his own resume on the website https://happymonday.ua/ in order to obtain Services for his own needs.

Happymonday – an individual entrepreneur Hanna Mazur (date and number of the state registration record: 06.02.2018 No. 2 065 000 0000 050818), registration address: Ukraine, Kyiv, str. E. Chavdar, building 6.

Site – https://happymonday.ua/.

Service – a set of services for data processing, posting of information on websites and related activities and web portal services provided by Happymonday using the capabilities of the Internet network.

Applicant’s profile – a part of the functionality of the Site, which allows an Applicant to register, post their own information and materials for the purpose of receiving Services.

User’s Cabinet – part of the functionality of the Site, which allows Users to register, post their own information and materials for the purpose of receiving Services, including, but not exclusively, subject to compliance with the Terms of Vacancies Placement.

GENERAL CONDITIONS

Happymonday provides Services by posting information and materials of Applicants and Users at https://happymonday.ua/.

When ordering Services through the Site, the Applicant and the User agree to these Terms, which are set forth below. In the absence of consent, the Applicant and/or User must immediately stop using the site and leave the https://happymonday.ua/ site.

These Terms, as well as information about the Services provided on the Site, is a public offer in accordance with Art. 633 of the Civil Code of Ukraine.

These Terms may be modified by Happymonday at its sole discretion without notice to the User/Applicant. The new version of the Terms enters into force from the moment of its publication on the Site, unless otherwise provided.

The Terms come into force from the moment of confirmation by the User/Applicant of registration on the Site by means of electronic confirmation.

By notifying Happymonday of your email, phone number and name, you consent to the use of the specified means of communication by Happymonday, as well as by third parties involved in order to fulfill obligations to the User/Applicant, by informing regarding the Services, as well as other information directly related to the Services.

PRIVACY

Happymonday has long been committed to maintaining the accuracy, confidentiality, security and privacy of your personal information. We consider your personal information to be information about you as an identifiable individual that is protected by law.

We’d like you to better understand how your personal information is collected, used and disclosed when you access and use our Site:

(a) Transactions and inquiries: You may be asked for personal information, such as your name, address or e-mail address.

(b) Cookies: the Site uses cookies (small text files that contain a unique identifier that identifies your browser – but not you- each time you visit our Site). Cookies tell us which pages of our Site are visited and by how many people. This allows us to understand what information is useful and what might need improvement. You can manage your cookie preferences on your web browser, but note that if you refuse to use them, some features of the Site might not work.

(c) Quality assurance: Happymonday may capture, replay and analyze details of your Site visits to find site errors or issues and understand the impact that failures have on business processes and to improve the operation of the Site.

For additional information on how your personal information is collected, used and disclosed by Us in connection with your use of this Site, please consult our Privacy Policy available at the following link, where you will also find the answers to many frequently asked questions.

SUBJECT OF THE TERMS

The subject of the Terms is a set of services for data processing, posting of information on web sites and related activities and services of web portals for the Users/Applicants, provided by Happymonday at the web address https://happymonday.ua/.

This Agreement applies to all types of Services listed on the Site, as long as such offers and descriptions are present in the catalog of the Happymonday Site.

SERVICES AND CONDITIONS OF ITS PROVISION

Happymonday provides the possibility of receiving the Services listed on the Site. The description and characteristics of the Services provided on the Site may not contain comprehensive information and may contain inconsistencies. In order to clarify information regarding the Services, the User/Applicant  should contact Happymonday in the manner indicated below.

The User/Applicant  bears full responsibility for providing incorrect data, which caused the impossibility of Happymonday fulfilling its obligations under the Terms.

Applications of the User/Applicant  are to be processed in accordance with the procedures indicated on the Site.

PAYMENT

Happymonday does not charge a commission or other payments to Applicants for using the Site.

Happymonday charges Users for using the Site. Separate conditions for charging fees for posting of the vacancies are set out in accordance with the Terms of Vacancies Placement.

RESTRICTIONS ON USE OF MATERIALS

All Content accessible through this Site is protected by copyright, as follows:

Copyright ©Happymonday. All rights reserved. 

Such Content is protected by Ukrainian and worldwide copyright laws and treaty provisions. We grant you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Site, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.

The Happymonday is the only owner of the information provided on the Site. All texts, images, banners, animation, graphics, logo, music, and any other material associated with the Site are protected by intellectual property and other laws such as Berne Convention for the Protection of Literary and Artistic Works (signed 9 September 1886 at Berne, Switzerland).  You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content.

Happymonday owns its brand name and the trademarks that are available on the Site.

Happymonday respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:

• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

USE OF THE SITE

In consideration of the availability, and your use, of the Site, you agree to comply with all applicable laws and regulations and these Terms of Use when using the Site. You acknowledge that We may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.

You are prohibited to:

• enter false information and contacts in the fields with personal data, do not use the information and contacts of other persons in any way;
• place advertising information in resumes and job vacancies;
• use profanity, jargon, other words and expressions that may offend other people in the text of resumes and job vacancies;
• post information that contradicts the current legislation of Ukraine, as well as announcements related to the gambling business, financial pyramids, religious sects, occult and erotic services;
• distribute or otherwise use viruses or other malicious programs;
• carry out illegal collection and processing of personal data of other Visitors/Users/Applicants;
• to send spam or commercial offers under the guise of feedback on a vacancy.

You are solely responsible for ensuring that your systems are able to use the Site and IT IS RECOMMENDED THAT YOU USE AND UPDATE COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE ON YOUR SYSTEMS THAT ACCESS THE SITE.

RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Site; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.

SUBMISSION OF IDEAS AND/OR SUGGESTIONS

Happymonday is always improving its website and products and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them – but any submission will be subject to these Terms & Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO HAPPYMONDAY BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION TO YOU. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO HAPPYMONDAY, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO HAPPYMONDAY THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT HAPPYMONDAY IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY HAPPYMONDAY, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION, “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) WE SPECIFICALLY MAKE NO WARRANTIES THAT OUR SITE, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OBTAINED FROM OR THROUGH THE USE OF THE SITE, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH PRODUCT OR SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NOTHING IN THE CONTENT SHALL AMEND OR SUPPLEMENT ANY CONTRACT YOU MAY HAVE WITH US FOR ANY PRODUCTS.

MONITORING

You acknowledge that We have no obligation to monitor the Site or Content accessible, transmitted through or posted to the Site. You agree that We have the right to monitor the use of the Site and Content electronically from time to time and to disclose any information necessary to: (a) satisfy any legal, regulatory or other government request; (b) to operate the Site properly; or (c) to protect itself, other users of the Site in accordance with the Privacy Policy.

CONTENT LINKED TO A SITE

Please exercise discretion while browsing the Internet. Please note that certain links on the Site may take you to other websites. We provide these links only as a convenience and not as an endorsement by Us. These linked sites are not necessarily under Our control. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We are not responsible for the content of any such linked sites or any other web page which is not part of the Site and under Our control. Unless otherwise expressly provided, We make no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that We will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Site.

INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to defend, indemnify and hold harmless each of Happymonday, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms of Use; (b) your access to or use of the Site or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Site. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HAPPYMONDAY, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER HAPPYMONDAY HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR USER CONTENT, OR (C) ANY OTHER MATTER RELATING TO THE SITE. You expressly acknowledge that Happymonday has entered into these Terms & Conditions, and has and will make the Site and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Happymonday. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

GOVERNING LAW/JURISDICTIONAL ISSUES

The Site is controlled, operated and administered by Happymonday from its offices in Ukraine. Happymonday makes no representations or warranties that the Site is appropriate or available for use in any location outside of Ukraine. If you access the Site from outside Ukraine, you are responsible for compliance with all applicable laws. These Terms of Use are interpreted and governed by the current legislation of Ukraine without reference to conflict of law principles. Subject to the Arbitration Section below, each party hereby agrees to submit to the jurisdiction of the courts of Ukraine and waive any venue objections. The UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Some products/services mentioned on the Site may not be available in all parts of the world. Contact Happymonday for information on products and services that may be available to you in your area.

ARBITRATION AND ACTIONS

The User/Applicant hereby agrees that any claims regarding the quality and quantity of the Services shall be directed to Happymonday, including claims regarding the terms of provision of the Services. At the same time, Happymonday undertakes to assist Users/Applicants in resolving their claims.

If it is impossible to resolve such claims, the dispute should be referred to the appropriate judicial authority in accordance with the current legislation of Ukraine.

LEGAL FORCE OF THE TERMS

These Terms of Use enter into force from the moment of its acceptance by the User/Applicant and are valid until the withdrawal of the corresponding acceptance of the Terms of Use.

MISCELLANEOUS

Happymonday has the right to assign or otherwise transfer its rights and obligations arising from the legal relationship with the User/Applicant to third parties.

The Site and other services provided may be temporarily partially or completely unavailable due to preventive or other works, or for any other reasons of a technical nature. Happymonday’s technical service has the right to periodically carry out necessary preventive or other works with or without prior notice to Users and/or Applicants.

The provisions of Ukrainian legislation are used in the legal relationship between the User/Applicant and Happymonday.

If the User/Applicant has questions and/or claims, he/she/they can contact Happymonday in the manner indicated below.

The invalidity of any of the provisions of these Terms by the court does not affect the validity of the remaining provisions.

CHANGES OF THE TERMS

We reserve the right to change the Terms of Use and add more information to it. We are not obligated to notify Users of changes applied to the current Terms of Use. This means that users should check this section on their own to learn more. 

CONTACT US

Click here to contact us regarding this Terms of Use or other related issues. You can also send us an e-mail on: [email protected].