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Terms and Conditions

By using this application and / or Website (hereinafter “APP” or "the platform") owned by EMPLOOY or any of its services, web, software, mobile applications or other benefits, whether electronic or via the Internet, you agree that they will be subject to these terms and conditions of use. In this sense, the download and use of the application and / or website attributes the status of user; The continuous access or use of the services will be considered as the reading, understanding and acceptance of all the terms and conditions contained herein and consequently a disclaimer for EMPLOOY EMPLOOY reserves the right to update the conditions of use of the application and / or website whenever it deems it appropriate. Consequently, the user must periodically check if there are changes to these Conditions. Now, in the supposed case that there are some modifications to our terms and conditions of use of the application, even when there is no express consent, if THE USER continues to use our services after publication, it will be understood as the acceptance and assumption of them. . In the event that you do not agree with the updates to the Terms and conditions of Use, you may resign by ceasing to use our Services. Access to and download of the application is free, except for the cost of connection through the telecommunications network provided by the preferred provider contracted by the user. EMPLOOY provides the Human Capital Management Services, whose mission is to serve its users through simple intermediation that facilitates contact between people and organizations. The provision of the aforementioned service is subject to the following conditions:

1. TEMINOLOGICAL PRECISIONS

For the purposes of this document, the following terms will have the definition indicated below:

  • The terms " ENTREPRENEUR", "BIDDER" or "ADVERTISER": refers to the natural or legal person who, using EMPLOOY services, publis hes job offers on our APP and / or website.
  • The terms "APPLICANT" or "CANDIDATE": refers to the natural person who has voluntarily sent his resume to EMPLOOY by Internet creating a profile and user in the application.
  • The term "USER": refers to any person who makes use of the extension and / or website for any reason or motive, including, but  not limited to, entrepreneurs and applicants.
  • The phrase "TALENT DATABASE", serves to identify the list of applicants for jobs available on the application and / or website , intended to be promoted to employers interested in hiring human capital. Data contains the identification of each candidate, in addition to the resume previously sent by him to our organization.
  • The term "VIRUS" supposes an unwanted program -or segment of it- that develops uncontrollably and that generates destructive o r disruptive effects on a program or component of the APP system or any of its accessories (web, software, platform, database, among others).
  • The term "PASSWORD"; refers to the alphabetical, numerical or combination of both, protected by confidentiality rules, which i s used to verify the authenticity of the authorization issued to a user to access certain information on the application and / or website.
  • The term "COOKIE" refers to a small file generated without prior notice by the application and / or website that is recorded o n the user's hard drive, so that when the user visits the website again, EMPLOOY may know some information related to it, such as the number of previous visits made, preferences selected on previous occasions, among others.

2. OF THE OBJECT AND OPERATION OF EMLOOY

Through this website, EMPLOOY makes available to its users an information service related to specific aspects of the labor market, particularly, through the following tools:

  • With the publication of job offers from employers who have previously hired our services, and which are aimed at users of the application and / or website.
  • With the disclosure of a talent database containing a list of job applicants, in which each one is identified and information related to their professional and work profile is provided. What is sought is to interrelate businessmen and applicants, in order that they consider the possibility of joining, voluntarily and directly, under the modality of any service provision contract that suits their needs and requirements. To achieve this, the applicant for a job must register free of charge on the page intended for such purposes, and must also send, via the Internet, their resume containing the information requested, including, but not limiting such information to: names and surnames, email address, personal, academic, professional data, etc. Once both requirements (registration and profile creation) have been met, EMPLOOY will be able to open a personal folder for the candidate to which they will always have access, through a secret password selected by the applicant himself, which can be sent at any time to the email that -for this and other purposes- is indicated by him. By accessing their personal folder, the applicant can always review, delete or modify, in whole or in part, the data provided in their resume. The candidate will always be responsible for the custody of their secret password, EMPLOOY not being responsible for the disclosure that it makes to third parties, or for the consequences that may be deduced from it. The information contained in applicant profile may be published by EMPLOOY on the APP or website. In this sense, the applicants expressly authorize this company to disclose, partially or totally, the information transmitted by them for the purposes of its promotion in the application and / or website and, particularly, to be announced in the database of talents, to which interested entrepreneurs will have access. Candidates must refrain from submitting information that could be considered as an attack on the law, morality, and good manners generally accepted. Consequently, EMPLOOY reserves the right to suppress, in whole or in part, the information provided by the applicant, without having the obligation to justify said action in any way. However, and at all events, the applicant will be solely responsible for the information contained in their resume. In this sense, the candidate will respond for the consequences, damages and losses that it may cause to other users of the website or to third parties. For their part, the entrepreneur interested in the use of the information service must register in the section that the APP or Web will have for this purpose. Once registered, EMPLOOY will be able to open a business profile to which you will always have access, through a secret password selected by the employer himself -for that and for other purposes-, which can be sent at any time to the indicated email By himself. The employer will exclusively be responsible for the custody of his secret password, EMPLOOY not being responsible for the disclosure that he makes of it to third parties, nor for the consequences that may be derived from it. Advertisers will be obliged to refrain from publishing information that could be considered as an infringement of the law, as well as morality and good manners generally accepted, and must refrain from demanding applicants requirements that could be considered discriminatory on the basis of race, sex , the creed, the social condition or those that, in general, have the object or result of nullifying or undermining the recognition and enjoyment under conditions of equality, of the rights and freedoms of every person, either directly or indirectly. EMPLOOY will use its best efforts to avoid the publication of advertisements that could in any way affect the applicants.

3. ACCESS TO THE WEBSITE.

Access and use of the APP and the website does not require prior subscription or registration of the User. However, it is possible that the use of some of the Services offered through the application and / or Website requires the User's subscription or registration and / or the payment of a price.

  • User obligations when using the APP and / or website:
    1. The User undertakes to use the APP and / or Website in accordance with these Terms and Conditions of use, the laws,  as well as morality and good manners generally accepted  and public order .
    2. The User agrees to refrain from using the Website for illegal purposes, contrary to what is established in this General Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, impair, overload or deteriorate the APP or the Website or prevent its normal use by users.
    3. The user will not copy or adapt the programming code developed by, or on behalf of EMPLOOY to generate and operate its pages, which is protected by the applicable and current legislation in each jurisdiction
    4. The user is prohibited from violating or attempting to violate the security of the APP and / or Website. Violations of system or network security are criminal offenses and can lead to civil liability. EMPLOOY will investigate the cases of violations of the security of the system, being able to go to the competent judicial or administrative authority for the purpose of persecuting the Users involved in such violations.
    5. The user will refrain from using vulgar / obscene, discriminatory and / or offensive language.
    6. The user will refrain from carrying out any act that could be considered a personal attack against the users and / or third parties, through harassment, threats, insults or any act contrary to the laws, morality and good manners generally accepted.
    7. The user will refrain from using or sending computer viruses, malware, spyware, ransomware and / or the performance of any act that causes or could cause damage or harm to the normal operation of the Services, or of the computer equipment or software of EMPLOOY and / or any third party, including EMPLOOY clients. As well as any act aimed at masking and / or falsifying or disguising IP addresses, emails and / or any other technical means of identifying Users or their computer equipment.
  • Personal Data of the User / Registration in the APP and / or Website.

    To enjoy all of our services, the user must register on the Website, and consequently they will be asked to provide certain information that will include, among others, name and surname, address and a valid email address, academic and work history ( to correspond), among others. The User will be responsible for all uses of his account, whether or not they are authorized by you. You must immediately notify EMPLOOY of any unauthorized use of your account or password. Registered Users and / or those who use our Services guarantee the veracity, accuracy, validity and authenticity of the information provided, and undertake to keep them duly updated. In order to fulfill the purpose of the company, the user authorizes the personal information provided to be shared with the entrepreneurs in the talent database.

  • User Responsibility

    The User declares and accepts that the use of the APP and / or website, its Services and the contents are carried out under their sole and exclusive responsibility. EMPLOOY has no obligation to control, nor does it control the use that the user makes of the mobile application and / or website. However, EMPLOOY reserves the right not to publish or remove after being published all those content and / or messages proposed and / or published by the User that, at the sole discretion of EMPLOOY, do not strictly respond to the provisions contained in these Terms and Conditions of use and / or are inappropriate and / or inappropriate to the characteristics, purpose and / or quality of the Services.

  • People who can subscribe to our platform

    EMPLOOY's mission is to provide a service that is inclusive and open as possible, but also that it is safe and in accordance with the law. For this reason, the person who wishes to be part of our users must accept some restrictions:

    1. You must be of the minimum legal age. Our platform cannot be used by people who lack the legal capacity to contract or minors according to the applicable legislation. In the event that this occurs, minors or incapacitated persons must obtain prior permission from their parents or legal representatives, who will be held responsible for all acts carried out by the persons in their charge.
    2. You must not have a record that indicates that you have been prohibited from using any aspect of our Service under applicable law.
    3. Your account must not have been previously disabled due to a violation of the law or of any of our policies.
  • About the content of the application and / or website

    All the content of the application and / or Website, such as text, information, graphics, images, logos, brands, computer programs, databases, designs, functionalities and any other material are protected by applicable laws, including, but without limitation, the laws on copyrights, patents, trademarks, utility models, industrial designs and domain names. All Content is the property of EMPLOOY and / or any other related company. The compilation, interconnection, operation and arrangement of the contents of the application and / or Website is the exclusive property of EMPLOOY and / or its related companies. The unauthorized use, adaptation, reproduction and / or commercialization of the Content may be punished by the legislation in force in each jurisdiction.

4. EXCLUSION OF GUARANTEES AND LIABILITY

  1. Responsibility for the veracity and precision of the information on the APP and / or website: EMPLOOY will do its best to provide its users with an optimal quality service, demanding from advertisers and applicants truthful, exhaustive and accurate information, both in the publication of job offers, as in the data contained in the resume sent by the candidates. However, and as this information emanates from the users themselves and, in no case, is it provided by EMPLOOY, the latter is not responsible for its veracity, completeness and accuracy, much less guarantee its absolute credibility and reliability. Users have the duty to provide us with truthful, complete and accurate information about their profiles, data, characteristics and specificities. Therefore, each user is responsible for the information provided and published on the EMPLOOY website. Our organization is not responsible for the alteration that the data provided by users may suffer, as a result of improper access by unauthorized persons to the mobile application and / or website.
  2. Responsibility of EMPLOOY in the relationship between entrepreneur and job applicants ; EMPLOOY makes available to its users an information service or network related to specific aspects of the labor market, particularly, by publishing job offers emanating from advertisers and / or entrepreneurs who have contracted the services of the APP or website, and managing and keeping the talent database up to date. In this way, the interrelation of advertisers and applicants is stimulated, in order that they eventually sign, voluntarily and directly, the contract for the provision of services that best suits their preferences and needs. However, in no case are candidates guaranteed to actually obtain a job. Nor does it assure entrepreneurs that they will necessarily find the ideal candidate for their requirements on the APP or website; nor that the applicants on the website are fully trained to meet your demands. Likewise, EMPLOOY does not assume any responsibility for the contracts or agreements that entrepreneurs and applicants sign for the provision of the service; nor with regard to its content, scope, development, effects and nature; since these contracts have no effects except between the parties that sign them, our organization having no interference, intervention, or interest in them. Users assume the risks that may be deduced from the contact or relationship with other users of the APP or website, corresponding to the interested parties to fully comply with the legislation applicable to the relationship that binds them in each case. Candidates do not have any legal relationship with EMPLOOY other than that of users of an information service on specific aspects of the labor market, for the eventual obtaining of a job or hiring an applicant by advertisers. Consequently, applicants may never be considered workers for the account and dependence of EMPLOOY and in no case may it be understood that this company has any responsibility for the contractual obligations assumed by advertisers with applicants.
  3. Responsibility for technological aspects of the website ; EMPLOOY will make its best efforts to provide a high quality service, keeping the APP and / or website active and updated, as well as its optimal functioning. However, it does not guarantee its users an uninterrupted or error-free service. Consequently, EMPLOOY does not assume any responsibility for damages that may eventually be caused to users due to the lack of availability or continuity of the service. Likewise, EMPLOOY does not guarantee the total absence, in its APP and / or website, of viruses or other elements that could cause alterations, damages or losses in the computer systems of its users; with which the latter browse the site under their sole responsibility and risk. EMPLOOY uses cookie technology when a user browses the website. EMPLOOY´s cookies are only associated with the computer of an anonymous user and do not provide references that allow deducing the name, surname and other personal data of the same.
  4. Responsibility for the confidentiality of the information .  The information and communications on this APP and / or website are private, so EMPLOOY agrees to use them solely for the fulfillment of its goals and objectives, that is, the publication of job offers and the disclosure of a database of talents containing personal and professional information of the applicants, in an attempt to stimulate both parties to enter into, among themselves, a contract for the provision of services. In this sense, EMPLOOY will do its best to protect the information or data provided by its users, through the most appropriate and modern security mechanisms, and in accordance with its Data Privacy Policy. Users are prohibited from disclosing the information contained in the APP and / or the website. However, EMPLOOY is not responsible for the use that users may make of it, nor does it fully guarantee that unauthorized third parties access, intercept or interfere with user data contained in the APP and / or the website, and that as a consequence, they are destined for purposes other than those indicated. In the event of damages caused to a user due to the improper disclosure of their data by another user or any third party, the injured party may not claim anything from EMPLOOY for that concept or any other, and must report the offender to the competent authorities and request directly from him the compensation of the damages that may have been caused.

Of the unilateral denial or revocation of user access to the APP and / or website or services.

If the User violates the Terms and Conditions of Use, creates risks of any kind for EMPLOOY or exposes it to possible legal responsibilities, the organization may prevent the User from accessing the Website or the Application in whole or in part. EMPLOOY will notify by email or the next time the User tries to access their account. The User may deactivate his Application at any time. Regardless of the foregoing, EMPLOOY reserves the right to exercise any applicable legal action.

Duration and Termination

The provision of the Service of the application and / or Website has an indefinite duration. Notwithstanding the foregoing, EMPLOOY is authorized to terminate or suspend the provision of the APP Service and / or the Website and / or any of the Contents at any time.

Conflict Resolution and jurisdiction:

The User undertake to exclude EMPLOOY, its affiliates, directors, shareholders, employees and to pay any expenses, losses, damages (including costs and legal fees) from any claim, cause of action or conflict filed by other user and / or third party, which may arise derived from the actions, content or information on the APP and / or Website. Likewise, in the case of interpretation, compliance or conflict of these Terms and Conditions of Use, will be resolved by legal Arbitration. The arbitration will take place in the city of Houston, Texas. The arbitration procedure will be known through ONE (1) sole arbitrator appointed by EMPLOOY. The party invoking this clause will notify the other of its decision in writing inviting it to initiate arbitration. After notification, the arbitrator will be appointed in accordance with this clause, preferably an arbitrator who is on the list of arbitrators of the American Arbitration Association (AAA) will be appointed. The summons to answer the demand for arbitration will be made at the address of the defendant in the data provided on the platform. The arbitration award will be motivated. The losing party will assume all the costs of the arbitration, including the professional fees of lawyers and experts of the other party, which will be prudently estimated by each of the parties before the timing of the award. The arbitrators' fees will also be covered by the totally losing party. In the case of partial convictions, the professional fees of the arbitrators will be borne by both parties, and the fees of the lawyers and experts will be borne by the party that has used their services. The parties undertake to try to resolve the conflict in a conciliatory manner before starting the arbitration provided for in this clause. The arbitration venue will be that of the American Arbitration Association (AAA) at its headquarters located in the city of Houston, Texas.