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TERMS AND CONDITIONS OF THE SELECTION CONTRACT
beBee is a registered trademark of beBee Affinity Social Network, SL. CIF: B84471838.
1. RECOGNITION AND ACCEPTANCE OF THE CONDITIONS OF THE SELECTION CONTRACT
BEBEE AFFINITY SOCIAL NETWORK S.L. (from now on "BEBEE") a Spanish company with address in C/ Sebastián Elcano 32, bajo 2. Madrid 28012 (Spain) and C.I.F. - B 84471838 is the owner of a Workers' Selection service, (from now on Selection).
The SELECTION AGREEMENT is provided to THE COMPANY under the terms and conditions of this SELECTION AGREEMENT and in accordance with the operating rules and provisions published periodically by BEBEE. This document is the complete contract between THE COMPANY and BEBEE and prevails over any previous contract signed by the parties in relation to the object of the present one.
2. OBJECT AND REGISTRATION IN THE SELECTION CONTRACT
The purpose of the collection and processing of the data provided by THE COMPANY in the SELECTION CONTRACT consists of the alliance between BEBEE and THE COMPANY so that THE COMPANY, through the insertion of offers and search of CVs in the BBDD owned by BEBEE, finds candidates who give their consent to BEBEE to transfer their personal data to THE COMPANY and who fit the profile sought by THE COMPANY.
The Selection service will be governed by the Terms and Conditions included in BEBEE. THE COMPANY, in order to register in the present SELECTION CONTRACT, will fill in the application form, will accept these TERMS AND CONDITIONS OF THE SELECTION CONTRACT, and in case of not being refused the entrance by BEBEE within fifteen days, (refusal for which BEBEEs exclusive criterion will be the legality, professionalism, security and sufficient credit for the provision of the service), will be able to proceed to use the BEBEE service.
3. TYPES OF SERVICE
- Free: All companies and businesses that register with BEBEE will be able to publish all the job offers they wish (limited to the criteria that BEBEE establishes at each moment and which will be published on the web) free of charge. However BEBEE reserves the right of admission or rejection to any company in the free model, whatever the reason.
In order to ensure the quality of the offers, BEBEE can carry out a control and validation work of the offers. BEBEE reserves the right to modify or delete the content of the offers as long as they do not comply with or deteriorate the quality of the service as detailed in these Terms and Conditions.
In return for the free service, companies authorise the receipt of electronic communications and promotional information from themselves and from third parties.
- Payment: BEBEE will give the possibility to all companies to have a payment service through the PREMIUM services. These services will be limited to the criteria established by BEBEE at all times and will be published on the website.
By contracting a paying service THE COMPANY accepts the automatic monthly renewal of this service. However, BEBEE will give the possibility to THE COMPANY to unsubscribe from any paid service.
- Ad hoc:: Personalized service that BEBEE will offer for those companies that it considers appropriate
4. CHANGES TO THE CONDITIONS OF THE SELECTION CONTRACT
Due to the special conditions of the service, and in order to provide the most appropriate service at all times, BEBEE may modify the terms and conditions of this contract, notifying THE COMPANY by communicating the changes on the home screen, so that THE COMPANY is aware of them before proceeding to use BEBEE. The uninterrupted use of BEBEE by THE COMPANY shall constitute a ratification of this document, with the modifications and changes that have been introduced.
For the same reasons mentioned above, BEBEE reserves the right to interrupt the SELECTION AGREEMENT in whole or in part, whether or not the COMPANY has been notified. BEBEE will not be responsible before THE COMPANY nor before third parties for having exercised its right to modify or interrupt the SELECTION CONTRACT.
5. REMUNERATION FOR beBee
THE COMPANY will pay, within the deadlines and according to the rates stipulated in the SELECTION SERVICE, the amounts accrued for the services contracted.
6. EXCLUSION OF LIABILITY
THE COMPANY EXPRESSLY AGREES TO ASSUME EXCLUSIVELY ALL RISKS ARISING FROM THE ALLIANCE WHICH IS THE OBJECT OF THE CONTRACT. BEBEE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BEBEE GUARANTEES THE VERACITY OF THE EXPRESS CONSENT OF THE SUBSCRIBERS TO PROVIDE THEIR PERSONAL DATA AND TO ALLOW THE TRANSFER OF SAID DATA TO COMPANIES THAT MAKE PERSONNEL SELECTIONS THROUGH THE SELECTION SERVICE, AND WILL RESPOND, EXONERATING THE COMPANY, FROM ANY CLAIMS THAT MAY ARISE FROM THE LACK OF VERACITY OR FROM FALSE OR FRAUDULENT CONSENT GIVEN BY THE SUBSCRIBER.
BEBEE DOES NOT WARRANT THAT THE CONTRACT WILL MEET THE COMPANYS REQUIREMENTS OR THAT THE CONTRACT WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE.
BEBEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR SALE, SUITABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY DECLARES THAT IT HAS UNDERSTOOD AND ACCEPTED THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED FROM THE SYSTEM PROVIDED BY BEBEE FOR THIS CONTRACT IS AT ITS OWN RISK AND THAT IT SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IT MAY CAUSE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA CAUSED BY THE DOWNLOADING OF MATERIAL AND/OR INFORMATION.
BEBEE DOES NOT GUARANTEE ANY OF THE GOODS OR SERVICES ACQUIRED OR OBTAINED THROUGH THE SELECTION SERVICE BY ITS SUBSCRIBERS, NOR THE TRANSACTIONS CARRIED OUT THROUGH IT, IN PARTICULAR IT DOES NOT GUARANTEE THAT THE CANDIDATES OR USERS WHO OPTED FOR, AND/OR WERE FINALLY SELECTED BY THE COMPANY, TO COVER ANY JOB OFFER INSERTED IN THE BEBEE SERVICE, WOULD BE SUITABLE OR EFFECTIVE IN CARRYING OUT THE CORRESPONDING FUNCTIONS.
NO RECOMMENDATION OR INFORMATION OBTAINED BY ANY COMPANY, DIRECTLY OR INDIRECTLY FROM BEBEE, WHETHER ORAL OR WRITTEN, SHALL BE DEEMED TO CONSTITUTE A WARRANTY BY BEBEE UNLESS EXPRESSLY ASSUMED HEREIN
7. LIMITATION OF RESPONSIBILITY
BEBEE SHALL NOT BE LIABLE FOR ANY INABILITY TO USE, INTERRUPTION OF BUSINESS, OR DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOST PROFITS, OR MORAL DAMAGE ARISING FROM THE USE OF THE SERVICE BY CANDIDATES) REGARDLESS OF HOW THE EVENT OCCURRED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF BEBEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. PROHIBITION OF RESALE OR COMMERCIAL USE OF THE SERVICE
The use of the Selection Service is personal to THE COMPANY only. THE COMPANY agrees not to assign or make any commercial use of the Recruitment Service without the express consent of BEBEE.
9. CONDITIONS OF USE AND CONDUCT OF THE COMPANY
The works to be offered must offer legally valid contracts. BEBEE is not responsible for the content of the offers: (1) that require investment of money by the candidate. (2) from "pyramid" companies or multi-level businesses. (3) of business opportunities, (whether real or feigned), nor related to the adult entertainment industry or nightlife. (4) Registration of minors without the custody of their parents or guardian. (5) Susceptible to deception or involving any illegality in accordance with the applicable community framework. (6) Discriminatory on the grounds of race, sex (according to Article 22 bis of Law 56/2003 on Equality, offers referring to one of the sexes shall be considered discriminatory, unless it is an essential professional requirement and a determining factor in the activity to be carried out), religion, opinion, nationality, disability or any other personal or social circumstance. THE COMPANY shall be solely responsible for obtaining any type of authorisation, permit or licence, if necessary for the publication of any of its job offers.
- BEBEE will not accept the insertion of offers not explicit, or that require a later contact by initiative of the candidate, with any motivation, already it supposes to the candidate an economic cost, (explicit or implicit), or not. BEBEE will not accept the insertion of duplicated offers, with contact data to request the initiative of contact of the candidate, (whatever the method of contact included), or that redirect to corporate employment sections, nor those offers that correspond to more than one position, (although THE COMPANY will be able to insert an offer for which it has more than one vacancy). THE COMPANY is solely responsible for the content of the transmissions it may make through the BEBEE Selection Service. The use of this service by THE COMPANY is subject to local, provincial, regional, national and international laws and regulations. THE COMPANY accepts:
(1) not to use the aforementioned Service for illegal purposes, nor those prohibited herein;
(2) not to interfere with or disrupt the network systems connected to the Service;
(3) to abide by all regulations, provisions and procedures of the network systems connected to the Service.
(4) to give truthful information regarding the data required both in the registration of the company and in the insertion of offers;
(5) to keep all the information provided to BEBEE permanently updated and adapted at all times to the real situation of THE COMPANY;
(6) to be solely responsible for any false or inaccurate information made and the prejudices this causes to BEBEE or the users;
(7) the use of its name and image by BEBEE for any publication of an informative nature.
THE COMPANY will not hinder the access to the SELECTION AGREEMENT of another COMPANY or the use of similar services by another entity. BEBEE MAY, AT ITS OWN DISCRETION, TERMINATE THE SELECTION CONTRACT IMMEDIATELY, IF THE COMPANYS CONDUCT IS NOT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
THE COMPANY may exercise the rights of access, rectification, cancellation and opposition, as well as to unsubscribe from BEBEEs services in the following way: through the very configuration of the web page, through the Companies menu or before the person responsible for the file. In case of problems for the effective accomplishment online as well as for any type of doubt or controversy with regard to our politics of privacy of information they will be able to go directly to: C/ Sebastián Elcano 32, bajo 2, 28012 Madrid (Spain)
THE COMPANY agrees to pay for any and all premium services contracted. BEBEE reserves the right to cancel any free service not paid by THE COMPANY at any time, without notice, with or without justification and for immediate effect. The services contracted by THE COMPANY shall have the duration stipulated in the contract.
11. INFORMATION AND GUARANTEES FOR THE PROTECTION OF PERSONAL DATA
By accepting this SELECTION AGREEMENT, the COMPANY expressly authorises the collection, recording and processing of its personal data for the strict purpose of complying with the terms of the SELECTION AGREEMENT. The data will be collected in a file of which BEBEE is the owner and responsible, which complies with the requirements of Law 15/1999 on Protection of Personal Data, and development regulations. BEBEE declares that the data provided by the users who are candidates to the job offers, have been granted by means of express consent by the holders of the same ones, with the purpose of their treatment and/or cession to the contracting Companies of the BEBEE services, for the eventual reception of invitations to participate in selection processes and of the resulting job offers in their case. It will treat the Clients data to which it has access or which is transferred to it within the framework of this contract, in accordance with the provisions of the regulations in force. In particular, it shall (1) access the candidates data only in accordance with the purpose provided for in this contract; (2) not transfer the personal data to persons other than those expressly authorised by this contract; (3) protect the personal data to which it has access, applying the security measures contemplated in the regulations for the development of Law 15/1999, protecting its access codes to the BEBEE SERVICE, and not giving access to it to third parties. In this sense, BEBEE will give the COMPANY the possibility to eliminate the CVs received and discarded by it by means of a written, signed and sealed request from the COMPANY to: C/ Sebastián Elcano 32, bajo 2, 28012 Madrid (Spain) (4) inform BEBEE of any requests for cancellation, opposition, rectification and/or access that it may receive.
THE COMPANY knows and is aware that all the Registration Information is collected, recorded and kept by BEBEE, in its servers located in the facilities owned by AWS - AMAZON WEB SERVICES and PROSODIE IBÉRICA, S.L.U. THE COMPANY may exercise its right to access, rectify, cancel and oppose through the following address
Customer Service Department
beBee Affinity Social Network S.L.
C/ Sebastián Elcano 32, bajo 2
Madrid 28012 (Spain)
In accordance with the provisions of Law 15/1999 of 13 December on the protection of personal data, the company is informed that the data provided will be incorporated into a file registered with the Spanish Agency for Data Protection, whose owner is BEBEE AFFINITY SOCIAL NETWORK S.L.
The company is informed that the person responsible for the file and processing of the data is BEBEE AFFINITY SOCIAL NETWORK S.L. C.I.F: B-84471838. Registered in the Mercantile Registry of Madrid in volume 21938, sheet 15, section 8, page M-390918, registration 1, with registered office in C/ Sebastián Elcano 32, bajo 2, 28012 Madrid (Spain).
THE COMPANY agrees to indemnify and hold harmless BEBEE, its subsidiaries, affiliates, officers and employees, from any claim or demand, including reasonable attorneys fees, made by any third party as a result of the use of the SELECTION AGREEMENT by THE COMPANY, or for the infringement by THE COMPANY of the provisions of this contract, as well as for the infringement by THE COMPANY or another user of the SELECTION CONTRACT through THE COMPANYs computer, of the intellectual, industrial property or any other right of a natural or legal person. In the same way THE COMPANY will indemnify and keep BEBEE free from any claim and/or sanction derived from the breach of the Organic Laws of Data Protection and Services of the Information Society and Electronic Commerce in the employment portals owned by BEBEE. To this effect, THE COMPANY declares that it will not make promotional deliveries of the SELECTION CONTRACT, to users or recipients who have not previously requested the sending of commercial information.
13. TERMINATION OF THE RELATIONSHIP
THE COMPANY as BEBEE may terminate the SELECTION AGREEMENT at any time, without notice, with or without justification, and such decision shall be effective immediately. BEBEE shall not be liable to THE COMPANY or to third parties for the termination of the CONTRACT. In case of disagreement of THE COMPANY with any of the terms and conditions of this contract or any of its modifications, or in case of not being satisfied with the SELECTION CONTRACT, the only immediate recourse is to notify BEBEE of the termination. At the moment of the termination of the Service, the rights of the COMPANY to use all the elements made available by BEBEE in application of the SELECTION CONTRACT cease immediately.
Any notice between the parties must be in writing and sent by e-mail or by the postal system. Such transmissions shall be considered as notifications to THE COMPANY.
15. INTELLECTUAL PROPERTY
THE COMPANY acknowledges that the content, including but not limited to, text, software, music, sound, photographs, video, illustrations and other material found in either commercially produced information presented to THE COMPANY by BEBEE or by BEBEEs suppliers and/or advertisers and/or customers, (hereinafter "THE CONTENT")), is protected by intellectual property rights, patents and trademarks and registered trademarks, service marks, and other rights derived from intellectual or industrial property; therefore, the COMPANY is prohibited from using this Content in any way other than as provided in this AGREEMENT, and in a venue other than that of the BEBEE SERVICE. THE COMPANY is prohibited from copying, reproducing, distributing or making creations based on this Content without express authorization from BEBEE. THE COMPANY is obliged not to decompose or alter the software and/or elements provided by BEBEE for any reason, nor allow third parties to do so. Both BEBEE and THE COMPANY will keep all the rights over their respective names, logos, brands, and any intellectual property elements of any of them, not constituting any of the terms of the SELECTION AGREEMENT assignment or waiver of rights in any case. THE COMPANY will not create or distribute any material in which reference is made to BEBEE without the prior written consent of the latter.
16. GENERAL TERMS
This contract shall be governed by Spanish Law, and the parties shall submit any dispute arising from this contract to the Courts and Tribunals of Madrid (Spain). THE COMPANY will not cede any right or obligation derived from the present contract, except with the express written consent of BEBEE. Any attempt of cession of the Contract without the mentioned consent will be null and void. Notwithstanding the foregoing, BEBEE shall be entitled to assign this contract with all its rights and obligations whether by sale of the service, dissolution, spin-off, merger of companies or any other form of transfer. This contract will be of obligatory application and will have effect between the parties and their respective representatives, heirs, administrators, successors and holders of authorized transmissions, except for what is established here. If any provision or provisions of this contract are found by a competent court to be contrary to law, such provision or provisions shall be redrafted so as to reflect as closely as possible the intentions of the parties, while the other provisions shall remain in full force and effect. In the event that any provision of this Agreement shall be invalid or unenforceable, the valid or enforceable portion and the remaining provisions of the Agreement shall remain in full force and effect. Any waiver by either party of a claim (whether express or implied) for any breach of this SELECTION AGREEMENT shall not constitute a waiver of the right to claim for any other or subsequent breach. No provision of the Agreement shall be waived by any act, omission or failure to act of a party or its representatives or employees, but by a signed written instrument expressly waiving such provision. The clause titles in this contract are used solely for the convenience of the parties and have no legal or contractual significance.
beBee Affinity Social Network S.L.
C/ Sebastián Elcano 32, bajo 2
Madrid 28012 (Spain)
Registration Number: 2052640091
Registered in the Mercantile Registry of Madrid in volume 21938, page 15, section 8, sheet M-390918, entry 1.