Terms of Use
As a refugee
The website https://eu4ua.org/ (hereinafter the " Website "), edited by the association EU4UA (hereinafter " EU4UA " or " us ") is a match-making website connects :
- Ukrainian refugees looking for emergency housing due to the current war in their country with hosts offering to house them temporarily free of charge;
- Ukrainian refugees looking for a job dueto the current war in their country withrecruiters offering job offers that might interest them.
Access, consultation, browsing and/or use of the Website and its associated services implies full and complete acceptance of this document (hereinafter the "Terms of Use"). The purpose of this document is to define the terms of use of the Website by any person accessing, consulting, browsing and/or using (all or part of) the Website and its associated services (hereinafter the "User"). When the User creates his/her personal account on the Website, he/she is invited to expressly accept the present Terms of Use via a specific checkbox. If the User rejects it in whole or in part of the document, he/she is requested not to use the Website and its associated services.
These Terms of Use are accessible at any time on the Website and will prevail, if necessary, over any other version or any other contradictory document.
Should you have any questions, you may directly contact EU4UA by sending an email to info@eu4ua.org.
ARTICLE 1. DEFINITIONS
"Host" means a person who offers to host one or more Refugees in his/her home for a limited period of time and who also meets all the conditions set by EU4UA to create a personal account on the Website as a Host.
"Refugee" means a person originally residing in Ukraine seeking emergency housing and/or a job in Europe due to the current war in his/her country and who also meets -but only regarding the emergency housing seeking- all the conditions set by EU4UA to create his/her personal account on the Website as a Refugee.
"Recruiter"means any entity with job offers that might interest Refugees.
"Website" means the website https://eu4ua.org/.
"User" means the person who accesses, consults, navigates and/or uses all or part of the Website and its services. Hosts, Recruiters and Refugees are Users.
ARTICLE 2. WEBSITE AND SERVICES ACCESS
Access to the Website is technically possible twenty-four (24) hours a day and seven (7) days per week, except in cases involving force majeure, possible outages or breakdowns or any disruption due to maintenance, which may be necessary for the good running of the Website.
The User acknowledges having the skills and means necessary to access and use the Website and its services. In this respect, the User must have a computer or any other device with an Internet connection, whose settings must enable the proper functioning of the Website and its services.
In general, the User declares that he/she is aware of the risks associated with browsing websites and using online services and accepts them. In particular, the User acknowledges that the information that passes over the Internet or is stored there may be intercepted or altered, independently of the will of EU4UA.
As such, it is strongly recommended that Users take all necessary precautions to protect themselves against the adverse effects of hacking, in particular by adopting a secure and appropriate computer configuration of their computers, cell phones or other devices (e.g., by installing regularly updated virus detection software).
ARTICLE 3. WEBSITE SERVICES
ARTICLE 3.1 MATCHMAKING SERVICE BETWEEN HOSTS AND REFUGEES
EU4UA provides the means for Refugees to be connected with Hosts in order to be housed free of charge for a limited period of time. Once the registration on the Website is approved, the User is added to the lists of Refugees looking an emergency housing in one of the countries covered by the Website (mainly countries within Europe). The connection is made on the basis of the information provided by the Refugees and the Hosts at the time of the creation of their personal account and subsequently updated if necessary (number of the family members with the Refugee, location of the housing, characteristics of the housing, etc.). The Refugee will have access to the profiles of the Hosts corresponding to his/her criteria and will be entitled to send them a contact request in order to give them his/her contact details. If one of the Hosts decides to follow up on the contact request, the Refugee and the Host will discuss the details of the housing arrangement, including the duration of the stay, by email or WhatsApp.
The Host is not obligated to house the Refugee by whom it has been contacted. Once the Host has been put in contact with a Refugee, the Host nevertheless undertakes to do everything reasonably possible to provide housing for the Refugee in view of the particular circumstances with which the Refugee is already confronted. This temporary accommodation will not give rise to any remuneration or financial compensation claims of any kind to the Host. It is an exclusively gracious act of solidarity on the part of the Host.
The service offered on the Website by EU4UA is limited to enabling the contact between Refugees and Hosts registered on the Website. Once the contact request has been transmitted, EU4UA does not intervene in any way in the relationship between the Refugee and the Host, in particular with regard to the determination of the housing terms, including the duration of the housing.
ARTICLE 3.2 CONDITIONS OF ACCESS TO THE MATCHMAKING SERVICE
To access the matchmaking service provided to Hosts on the Website, the User must:
- be of legal age;
- have the capacity and quality required to use the services as a Refugee;
- be a person originally residing in Ukraine and seeking emergency housing in Europe due to the current war in Ukraine;
- be eligible for refugee status according to the Geneva Convention of July 28, 1951;
- have an email address and/or a correct telephone number enabling Hosts to contact them;
- only use the Website and its services in accordance with these Terms of Use and the applicable laws.
ARTICLE 3.3 CREATION OF A PERSONAL ACCOUNT
To access the matchmaking service provided to Hosts on the Website, the User must first create a personal “Refugee” account on the Website:
- either by indicating his/her email address and creating his/her password; or
- by connecting via their Gmail login.
The use of a secure password is an essential condition for the protection of the User's personal account. The User must choose a password that complies with EU4UA's security requirements, consisting of alphanumeric characters, with at least eight (8) characters, including three (3) special characters (upper case letters, lower case letters, numbers and special characters).
The accounts (connection IDs) are personal, confidential and non-transferable to third parties. The User must ensure the confidentiality and security of his/her log-in details, and request, without undue delay, the reset of the password on the Website in case of loss, neglect and/or theft. EU4UA shall not be liable for any use of the User's personal account by a third party who has access to the User's login and/or password, regardless of the cause.
EU4UA may, after prior notice to the User, decide to modify or delete the User's login credentials at any time if they are considered unlawful, offensive, threatening, defamatory, obscene or if they infringe upon the rights and interests of third parties, or upon these Terms of Use.
Once these connection IDs are registered, the User must fill in all the mandatory fields of the registration form. Otherwise, the User will not be able to finalize the creation of a personal account on the Website. To learn more about the use of personal information by EU4UA in this context, the User is invited to consult the privacy policy.
To confirm registration on the Website, an email is automatically sent to the email address provided by the User in the registration form. Without this confirmation, the User will not be able to finalize the creation of his personal account on the Website.
The User ensures the truthfulness and accuracy of all the information he/she communicates to EU4UA during his/her registration and in the context of the use of the Website and its associated services. More particularly, in the context of his registration, the User ensures:
- that he/she is a person originally residing in Ukraine and seeking emergency housing in one of the countries covered by the Website (mainly countries within Europe) due to the current war in Ukraine;
- that he/she is eligible for the status of Ukrainian refugee according to the Geneva Convention of July 28, 1951;
- that he/she does not create his/her personal account on the Website under a false identity or by usurping the identity of a third party;
- that all the information he/she communicates is complete, accurate and up to date;
- that he/she does not create several personal accounts on the Website, e.g. by using several email addresses;
- that he/she will immediately update his/her personal information on the Website in case of any relevant changes.
In the event that EU4UA finds that the User has provided information that is false, inaccurate, outdated, incomplete or, more generally, contrary to these Terms of Use or to applicable laws, EU4UA may terminate this contractual relationship, without notice or compensation, to delete the User's personal account on the Website, and block any future access by the User to all or part of the Website and its associated services.
ARTICLE 3.4. MATCH-MAKING SERVICE WITH POTENTIAL BETWEEN RECRUITERS AND REFUGEES
EU4UA provides the means for Refugees tobe connected with Recruiters in order to apply for job offers thatinterest them.
Once the offer has been published, theRecruiter will receive job applications from interested Refugeeseither directly on his email address or viaits career website or its application management software (“ApplicantTracking System” or “ATS”).
The service offered on the Website byEU4UA is limited to enabling the contact between Refugees andRecruiters. Once the job application has been transmitted, EU4UA doesnot intervene in any way in the relationship between the Refugee andthe Recruiter, in particular with regard to the selection process,the interviews and determination of the hiring terms.
ARTICLE 4. OBLIGATIONS OF THE USER
ARTICLE 4.1 OBLIGATIONS OF THE USER AS REFUGEE
The terms of housing are jointly determined by the Host and the Refugee on the basis of the information provided by them at the time of the creation of their personal account and as subsequently updated from time to time, independent of any direct or indirect involvement or intervention by EU4UA. The Refugee undertakes to respect these housing terms and conditions, in particular the agreed housing duration.
In its exchanges with the Host and/or the Recruiter, the Refugee undertakes to provide only complete, accurate and up-to-date information. In particular, regarding the emergency housing seeking, the Refugee undertakes not to provide false information about his/her status as a Ukrainian refugee within the meaning of the Geneva Convention of 28 July 1951.
With regard to housing, the Refugee agrees to neither harm the physical or mental integrity of the Host or/and his/her family, nor personal belongings of the Host and/or his/her family.
With regard to the job applications, theRefugees undertake to provide the Recruitres with complete, accurateand up-to-date information.
ARTICLE 4.2 GENERAL OBLIGATIONS OF THE USER
The User undertakes to use the Website and its services in a manner consistent with these Terms of Use, and in particular not to use them for commercial purposes, prospecting, solicitation or advertising.
The User also agrees not to:
- behave in a manner that could undermine the integrity, functioning or security of the information system on which the Website and its services are based;
- intrude or attempt to intrude into EU4UA’s information systems;
- attack or attempt to attack on the authentication and other security measures of the Website;
- collect, extract or use, in any way whatsoever, information on the Website;
- and more generally, to act in a manner likely to infringe the rights and interests of EU4UA.
In the event of any breach or fraudulent use of the Website observed by EU4UA, the latter may terminate this contractual relationship without notice or compensation, and block any future access by the User to all or part of the Website and its services.
ARTICLE 5. INTELLECTUAL PROPERTY RIGHTS
The Website and all its elements which are made available to Users, in particular trademarks, logos, photographs, programs, source codes, data, databases, animated or non-animated images, sounds, drawings, graphics, videos or texts, downloadable resources from the Website, layout, appearance, structure, as well as any other element not related to links towards third party websites, are the property of EU4UA or are subject to a license granted in its favor by owners of according rights.
All these elements are subject to the provisions of French and international regulations applicable to intellectual property and, consequently, are protected against any use not authorised by the law or these Terms of Use, and - in the event of failure to do so - such regulations may be enforced in legal proceedings.
EU4UA grants to each User a personal, non-exclusive and royalty-free license to use the Website, for its own use and in the sole purpose of the operations authorized herein.
Other than these rights of use granted to the User by EU4UA, use of the Website does not imply any license or transfer of rights relating to the elements of the Website to the User. In particular, any copy, reproduction, representation, adaptation, modification, distribution of all or part of the Website as well as all or part of its content, by any process whatsoever and on any medium whatsoever is illegal, unless prior, express and written authorization of EU4Ua or the holder of intellectual property rights.
Failure to comply with these stipulations, in particular for the purposes of commercial exploitation, may be subject to prosecution on the basis of an infringement action and/or an action for unfair competition and/or parasitism on the part of the holders of the rights in question. This is without prejudice to EU4UA’s other rights, in particular the right to obtain compensation for damages.
ARTICLE 6. DISCLAIMER OF LIABILITY
The service provided on the Website by EU4UA is strcily limited to the match-making between Refugees with Hosts and/or Recruiters. Once the match-making has been completed, EU4UA does not intervene in any way in the relationship between the Refugee and the Host and/or Recruiters, in particular as regards the determination of the housing arrangements and the hiring terms.
The Website and the services it provides, including the match-making service between Refugees and Hosts and/or Recruiters, are provided to the User free of charge. While EU4UA strives to provide a reliable Website, EU4UA does not ensure that it is free of errors, inaccuracies or omissions, downtime, flaws or defects. Furthermore, EU4UA does not ensure the accuracy, quality, legality or fitness for a particular purpose of the Website, the services provided therein, and the content published therein. In particular, EU4UA does not check the identity of the Refugees and Hosts and/or Recruiters. Consequently, the User acknowledges that he/she uses the Website, its services and the contents published on it under his/her exclusive responsibility.
Only the User is liable for the use he/she intends to make of the Website and the preservation of the security and integrity of his/her data, hardware and software when he/she accesses the Website or services.
Thus, EU4UA cannot be held liable for:
- any dysfunction or bad condition of User’s IT equipment during or after User browsing on the Website, as well as in case of impossibility of access, poor using conditions on the Website attributable to these devices, the provision of Internet access, Internet network congestion, or any other reason not controlled by EU4UA;
- electronic or phone communications expenses induced by the use of User’s equipment which shall be exclusively borne by the User and will not be borne by EU4UA;
- any temporary, partial or complete unavailability of the Website, in particular in the event of maintenance, technical incident and, more generally, in case of an event beyond the control of EU4UA;
- any consequences that may arise from the contents of the websites referred to by external links that may be displayed on the Website;
- any indirect damage that may be suffered by the User;
- any damage suffered by the User or a third party resulting from the use of the Website or its services that does not comply with these Terms of Use;
- any breach of the obligations provided by these Terms of Use which would arise or would originate from a fortuitous event or a case of force majeure (act of god) as defined by article 1218 of the French Civil Code.
In the event that EU4UA is held liable for damage not provided for in this article, its liability will be limited to certain, real and direct damage.
Consequently, under no circumstances shall EU4UA, its managers, employees and, in general, its representatives and partners, be held liable for any indirect damage resulting from the use of the Website, its services, and the content published therein, and in particular for loss of profit, loss of opportunity or damage resulting from loss of data caused by the impossibility of using the Website and its associated services.
ARTICLE 7. MODIFICATION
These Terms of Use are dated accurately and may be modified and updated by EU4UA at any time, particularly in the event of changes to the services offered on the Website or to applicable regulations.
The applicable Terms of Use are those published on the Website at the time of access to the Website by the User. Consequently, the User is invited to consult the Terms of Use each time he/she accesses the Website.
This version of Terms of Use replaces all previous versions.
ARTICLE 8. TERMINATION OF THE WEBSITE OR SERVICES
These Terms of Use reserve the right for EU4UA to temporarily or permanently suspend access to all or part of the Website or its services, in particular in the event of cessation of activity related to the provision of the Website or in the event of insolvency proceedings.
ARTICLE 9: CONTRACT ASSIGNMENT
Subject to the applicable law, the User agrees that EU4UA, may assign, transfer or provide, in any way, the contractual relationship hereunder to a third party.
ARTICLE 10. HYPERLINKS
The Website is likely to contain hyperlinks to other websites or internet sources, other than those published by EU4UA. EU4UA is not responsible for these external websites and internet sources, and thus declines all responsibility for the content, products, services, advertising or any other material available on or from these external websites or internet sources to the extent that EU4UA cannot control these external websites and internet sources. The decision to use/follow any hyperlink is exclusively made by the User.
EU4UA reminds the User that non-affiliated external websites or sources are subject to their own terms of use.
If the User wishes to create a hypertext link to the Website, the User must obtain EU4UA’s prior written consent by sending a request by email: info@eu4ua.org. EU4UA may, in its sole discretion, accept or reject any request made to it for this purpose. EU4UA is under no obligation to accept such request, nor to provide any reason for rejecting such request.
ARTICLE 11: VALIDITY OF THE TERMS OF USE
Each of the articles of the present Terms of Use applies separately. Any modification of the applicable regulations in force, or any decision of a court or a competent authority invalidating one or more articles of the Terms of Use shall not affect the validity of the entire Terms of Use. Such a modification or decision does not authorize the User to disregard the valid provisions of these Terms of Use.
ARTICLE 12: AGREEMENT OF PROOF
In the absence of proof to the contrary, the data recorded in EU4UA's IT system shall constitute proof of the entire contractual relationship between EU4UA and the User.
By accepting these Use of Terms, the User agrees not to contest the probative value of the documents produced online on the basis of their electronic nature.
The acceptance by the User of these Terms of Use results in the conclusion of an agreement of proof within the meaning of article 1368 of the French Civil Code.
ARTICLE 13. LANGUAGE
These Terms of Use are written in English. In the event of any discrepancy with, or dispute regarding, a translation of these Terms of Use, only the English text shall apply.
ARTICLE 14. GOVERNING LAW / JURISDICTION
These Terms of Use are governed by, interpreted and enforced in accordance with French law, except as expressly provided in local law.
In the event of a dispute relating to their interpretation or execution, EU4UA and the User shall seek, before any litigation, an amicable agreement and shall provide each other with all necessary information to this effect.
The User may also submit any complaints on the dispute resolution platform provided by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the User's complaint to the notified competent national mediators.
In the absence of an amicable agreement between EU4UA and the User within a period of two (2) months from the notification of the dispute to the other party, legal action may be brought before the competent court in the matter.