These Terms and Conditions of usage (hereinafter, the “Terms”) are a legally binding contract among you, as the offeror of jobs within the platform www.workling.com, that can also be accessed through mobile devices as an app (hereinafter, the “Company/ies” and the “Platform” respectively) and BD Workling LLC a dully registered company under the laws of the State of Delaware, United States of America (hereinafter, “WORKLING”).
ALL COMPANY THAT DOES NOT AGREE WITH THESE TERMS MUST REFRAIN FROM USING THE PLATFORM AND THE SERVICES PROVIDED THROUGH IT
1. Scope of the service provided by WORKLING. Through the Platform, WORKLING will place for free at the Company’s disposal a virtual Platform that will allow them to make easily and centralized job offers addressed to physical persons by publishing them in the Platform (the “Applicant/s” and the “Service” respectively).
The Company acknowledges and accepts that WORKLING is only the administrator of the Platform, and that the Service provided is limited only and exclusively to create a connection among the Companies and the Applicants, without having WORKLING any type of participation in the announcements of job offers that are made by the Companies in the Platform (hereinafter, the “Job Offers”), nor in the conditions that the Companies offer, nor in the communications that Companies and Applicants may have nor in the eventual employment relationship that may arise among them, in the event that the hiring is perfected. Therefore, WORKLING is not responsible for the effective fulfillment of the civil, labor, commercial, administrative and/or tax obligations that are stablished in the applicable legislation considering that WORKLING does not offer any job nor does it have any control over the conditions, truthfulness and/or legality of the Job Offers that Companies publish in the Platform nor of the information stated by the Companies and/or the Applicants in their profiles nor in the potential bond that may arise among them by virtue of the Job Offers made in the Platform.
In this way, the Platform has general information and WORKLING does not make any representation and does not provide any warranty regarding to the profiles of the Companies and/or the Job Offers that are posted on the Platform. Any confidence placed in the available information of the Platform will be at the Company’s own and exclusive risk.
3. Usage of the Platform. The Platform works as a site where Companies can create, import, modify and/or review the Job Offers that wishes to publish in the Platform according to its preferences. For that, the Company only has to state if it wishes to import from other sites that contain public information of their job offers there published and/or create a Job Offer for the work position that they are looking for and the jurisdiction they prefer. Then, once the Company is registered in the Platform and its Company’s Profile is completed, Companies may create or import the Job Offers they desire to the Platform.
3.1 Company’s registry. The Company, to start using the Platform and publish Job Offers, must register in the Platform. To this effect, the Company may choose to create an user manually (entering its e-mail and creating a password that fulfills the demanded security requirements) or use its Google® o Facebook® account and link it with the Platform. After this simplified registry Company must provide certain personal data to complete the registration process such as, only for illustrative purposes: name, category, telephone number, country of residence, address, postal code, tax identifier (i.e. CUIT), website and, in the event it wishes to do so, their LinkedIn® profile. Once completed the data, the Company will receive an e-mail of WORKLING requesting the confirmation of its registry. When the Company validates its account, it will have successfully completed the registration process and will have an URL of its public profile with their name. The Company may choose to complete the look and feel of its Company’s Profile (i.e adding their logo, description of their activity or services, etc.) or directly import the Job Offers that the Company has uploaded in other Internet sites. The validation process of the Company’s Profile will be subject to a verification that WORKLING makes to prevent the creation of false accounts or what is commonly named as “ghosts accounts”. In this manner, WORKLING can make sure that the Company’s Profile is truthful and exists.
3.2 Company’s Profile. License. Once registered, the Company may complete its Company’s Profile that will allow them to show to the Applicants what is its profile according to the information and the data that stated therein. Even though the fields to complete are optional for the Company, it is recommended that the Company’s Profile is as full as possible (hereinafter, the “Company’s Profile”). Among other categories, the Company may provide information related to the products or services they provide and upload their logo of registered trademark.
Through the Company’s Profile, the Company may mange its Job Offers, save certain Job Offers as favorites. Currently, WORKLING provides only 1 (one) type of plan for Companies named “Free Plan” that allows the Company to publish up to 20 (twenty) simple Job Offers and 2 (two) outstanding Job Offers. Also, WORKLING will offer payment plans for Companies that choose for a “Premium Plan” or “Customized Plan” that will allow them to upload to the Platform greater amount of Job Offers. To request more information related to WORKLING’s payment plans, Companies may send an e-mail to: email@example.com
The Company will be the only and exclusive responsible of the information provided in its Company’s Profile, the truthfulness of said information and that the information is always updated, not being able to make any claim to WORKLING for those reasons.
Prior to the Company beginning to operate with its Company’s Profile, WORKLING will make a manually validation process of the Company that seeks to verify the existence of the Company itself through unrestricted publicly available registries in order to prevent the creation of “ghosts accounts”. WORKLING reserves the right to refuse or exclude a Company’s Profile that it deems inappropriate and/or does not comply with the manually validation process and/or does not comply with these Terms.
3.3 Job Offers. In the Platform, the Company must create an “office” in order to import the advertisements and/or Job Offers that it has published in other Internet sites of public access. To create the “office” the Company will simply have to state an address and a country of residence. Then, the Company may access the list of the Job Offers uploaded or published in other internet sites. In this manner, the Company may select those job offers that deems pertinent and/or appropriate and, after reviewing them, they can be imported to the Company’s Profile. The Company will always import Job Offers as “drafts” which will allow the Company to edit them prior to the publication in the Platform.
Once the Job Offers importation process has been made, the Company may edit and/or complete them with certain general data referring to the job position: country of the job, salary offered, categories, requirements for the position, years of experience, languages, if home office is allowed, among other options. Also, the Company may upload the requirements for the job position as excluding requirements, desired requirements and other requirements. Finally, the Job Offer may be activated as “outstanding” or “simple” always according to the plan the Company obtained with its registration. The activation of the Job Offer implies that it has been published in the Platform and therefore it can be viewed by third parties and/or Applicants. Once the Job Offer has been activated by the Company, it cannot be edited, and it can only be discharged or eliminated.
3.4 Job Offers Expiry. The Platform’s Job Offers will expire within 60 calendar days to be counted from the publish date. Once completed the abovementioned term, the Job Offer will expire and will automatically disappear without the need for WORKLING to make any type of communication to the Applicant and/or the Company and without this generating any type of right to compensation.
3.5 Communications. The Company accepts that WORKLING sends e-mails informing about the notices and messages related to the Service, its account, Company’s Profile and/or news about the Job Offers to which Applicants have applied. To this effect, the Company must control that its contact information is dully updated and periodically review its Company’s Profile.
3.6 WORKLING will not be responsible for failures in the Internet network, in the computer equipment’s, nor for technical malfunction, human errors or deliberate action of third parties that may interrupt or alter the normal functioning of the Platform. WORKLING will make its greatest efforts so that the Platform will be functioning, but this does not warrant that the Service will be available 24/7 365 days a year. WORKLING may make adjudgments, updates and maintenance in the Platform that may provoke that the Service is temporarily offline. Even though WORKLING will endeavor for the Platform to keep functioning and to be continuously available for the Companies and Applicants and that the interruptions be brief, none of this will imply the assumption of any type of obligation to achieve a result.
3.7 Prohibition. The Company will not be able to use the Platform or the Services of WORKLING in any manner that may damage, disable, overload or affect the Platform or WORKLING’s Service (or the networks connected to said Platform or said Services) or to interfere in the usage and enjoyment of the Platform or WORKLING’s Service by third parties. The Company will not be able to obtain unauthorized access to the Platform or to any Service provided by WORKLING, other accounts, informatic systems or networks connected to this Platform, through illegal access, password extraction or other means. Also, the Company cannot use reverse engineering techniques, decipher, decompile, disarm or in any other way try to obtain the source code of the Platform and the Service or of any other technology related to the Platform that is not open code. The Company cannot obtain or try to obtain materials or information by accidentally available means through the Platform. The Company will refrain from making publications that may have or have informatic viruses, worms or any other damaging code. The Company cannot create a false identity in WORKLING nor falsify its identity, nor use or attempt to use third parties accounts. Therefore, the Company commits and warrants that the information that it provides is truthful and faithful and will only supply content or information that does not breach any legislation or third parties’ rights (including intellectual property rights).
4. Publications in the Platform. WORKLING does not endorse nor warrants the Job Offers published by the Companies through the Platform and does not in any manner control the interaction that Applicants and Companies make among themselves through the Platform. Consequently, any conflict that may have the Applicant because of and/or related and/or in connection to the Job Offers, they must be channeled and addressed to the Companies that may have published the Job Offers. WORKLING will not be responsible for any claim and/or damage caused by and/or in connection with the Job Offers.
5. Termination and/or disabling of access to the Platform and to the Company’s account and Company’s Profile. The Company declares and agrees that WORKLING may, under certain circumstances and without any obligation to give prior notice, immediately suspend and/or disable access to the Platform and/or the Company’s account and/or the Company’s Profile. Events that may constitute grounds for termination for cause are, without limitation, the following:
The Company declares and agrees that WORKLING may take several measures in response to the breaches by the Applicant (such as the temporary or permanent suspension of the account and/or the Company’s Profile, cancellation of the Job Offers and/or applications of Applicants and any other measure that may apply), and WORKLING shall not be held liable to the Company or any third party for any event that may derive from the termination for cause of the Company’s account, Company’s Profile and/or for the damages that this may cause.
7. Contact with WORKLING. Any claim, notice and communication that the Company wishes to give to WORKLING shall be given using the contact information provided in the Platform.
8. Intellectual Property. Copyright and Restrictions. WORKLING reserves all rights, including intellectual and industrial property rights related to and associated with the Platform, its contents, data base, technology, software, networks, information, features, communications, trade name, patents, designs and industrial designs, which are all protected under laws in effect and applicable to these Terms.
WORKLING is the only legal owner of the copyright of all materials, logos, slogans and features provided in the Platform. No material, with the only exception of the data stated by the Company in the Company’s Profile, shall be copied, reproduced, distributed, republished, downloaded, displayed, published or transmitted in any way or by any means, including, but not limited to, electronic means, mechanical means, by photocopies, recording or by any other mean, without prior written consent given by WORKLING.
The infringement of any of the aforementioned rights of which WORKLING is the exclusive legal owner shall constitute an infringement and liability shall be imposed on the infringer. Liability imposed by reasons of infringement shall lead to the imposition of civil and/or criminal punishments set forth by applicable laws.
9. Trademarks. The trademarks and logos used and displayed in the Platform by WORKLING are registered trademarks of WORKLING (hereinafter the ‘Trademark’ or ‘Trademarks’). No content of the Platform shall be construed as an assignment, implied, by preclusion, or in any other way, of a license or the assignment of rights to use the Trademark displayed in the Platform, without written consent given by WORKLING and/or the owner of other brands published in the Platform. The Company shall not use the name of WORKLING or the logo of WORKLING in any way without obtaining prior written consent given by WORKLING.
10. Modification of the Services provided through the Platform. WORKLING reserves the right to, temporarily or permanently, at any time or periodically, modify or interrupt the use of the Platform and any Service rendered through the Platform (or part of it) with or without prior notice. The Company agrees that WORKLING is not responsible to the Company or any third party for the modification, suspension or interruption of such Services.
11. NO WARRANTIES. WORKLING DOES NOT REVIEW THE CONTENT SUPPLIED BY THE APPLICANTS AND THE COMPANIES. CONSEQUENTLY, ALL MATERIALS AND THE INFORMATION STATED IN THE PLATFORM ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTIES OF ANY KIND, NOR EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. WORKLING DECLINES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, HIRING WARRANTIES, TITLE WARRANTIES, DATA ACCURACY WARRANTIES, MERCHANTABILITY WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE WARRANTIES, NON-INFRINGEMENT WARRANTIES IN CONNECTION WITH THE PLATFORM, THE JOB OFFERS OFFERED THROUGH THE PLATFORM, THE APPLICANTS AND THE INFORMATION THEY PROVIDED AND SERVICES OFFERED THROUGH THE PLATFORM AND ALL MATERIALS OF THE PLATFORM. WORKLING DOES NOT MAKE ANY WARRANTIES NOR MAKES ANY STATEMENT IN CONNECTION WITH THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR OF THE OUTCOME OF THE JOB OFFERS OR OF THE RESULTS OF THE USEAGE OF, OR IN ANY OTHER MANNER RELATED TO THE SERVICES OFFERED THROUGH THE PLATFORM, THE OPERATION OF THE PLATFORM, OR OF ANY OTHER LINKED WEBSITE, OR ANY OTHER ASPECT IN CONNECTION WITH THEM.
12. LIMITATION OF LIABILITY. IN NO EVENT SHALL WORKLING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BE LIABLE FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LACK OF HIRING, REVIEW OF APPLICATIONS AND/OR FOR ANY OTHER REASON RELATED TO THE SERVICES OFFERED THROUGH THE PLATFORM AND/OR FAILURE OF INTERNET NETWORK, COMPUTER EQUIPEMENTS AND/OR TECHNICAL FAILURES, HUMAN MISTAKES OR DELIBERATE ACTIONS OF THIRD PARTIES THAT MAY INTERRUPT OR ALTER THE NORMAL FUNCTIONING OF THE PLATFORM AND/OR OF LOSS OF OPPORTUNITIES OF HIRING, LOSS OF DATA (FOR EXAMPLE, TIME OF INACTIVITY OR LOSS, USAGE OR CHANGES IN THE INFORMATION) AND/OR LOST PROFITS ARISING FROM THE PLATFORM OR ITS USE, EVEN IF WORKLING OR AN AUTHORIZED AGENT OF WORKLING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE USE THE COMPANY GIVES TO THE PLATFORM RESULTS IN THE NEED FOR MAINTENANCE, REPAIRMENT OR ADJUSTMENT OF EQUIPEMENTS OR DATA, THE COMPANY SHALL ASSUME SUCH COSTS. THE COMPANY WILL BE THE ONLY AND EXCLUSIVE RESPONSIBLE FOR ALL THE OBLIGATIONS AND TAX CHARGES THAT MAY CORRESPOND FOR THE OPERATIONS AND PUBLICATIONS MADE IN THE PLATFORM WITHOUT BEING ABLE TO ATTRIBUTE TO WORKLING ANY TYPE OF RESPONSIBILITY FOR BREACHES OF THE COMPANY IN RELATION TO APPLICANTS AND/OR TO THE APPLICABLE LEGISLATION. INDEED, WORKLING DOES NOT SELL NOR OFFERS NOR HAS POSSESSION OF THE JOB OFFERS THE COMPANIES MAKE NOR SUPPLIES THE INFORMATION THAT MAY BE OFFERED THROUGH THE PLATFORM, NOR SETS THE CONDITIONS REFERRED TO THE JOB OFFERS NOR INTERVENES IN THE COMMUNICATIONS, NEGOTIATION AND PERFECTING OF THE OPERATIONS THAT ARE CELEBRATED THANKS TO THE PLATFORM. THEREFORE, WORKLING WILL NOT BE RESPONSIBLE FOR THE CAPACITY TO HIRE OF THE COMPANIES AND/OR APPLICANTS OR FOR THE TRUTHFULNESS OF THE PERSONAL DATA INFORMED BY THEM. THE COMPANY ACKNOWLEDGES AND ACCEPTS TO BE THE ONLY AND EXCLUSIVE RESPONSIBLE FOR THE JOB OFFERS AND SERVICES PUBLISHED IN THE PLATFORM AND/OR THE APPLICATIONS RECEIVED.
13. INDEMNITY. The Company agrees to indemnify, defend WORKLING, its affiliates and their respective directors, officers, employees and agents, and hold each of them harmless from and against any and all damages, claims (judicial or extrajudicial), costs and expenses, including attorney’s fees, that arise from the use of the Platform and/or from the information, data, materials or content provided by the Company’s account or Company’s Profile and/or from the compliance with and/or breach of these Terms and/or the publicized and/or agreed conditions through the Platform and/or from any violation of applicable laws or third parties’ rights.
14. Governing Law and Jurisdiction. These Terms and any claims in connection with the Platform and/or its use and/or the Products and Services offered by means of the Platform shall be governed by the laws of the State pf Delaware, United States of America except for those matters where it is mandatory the application of the laws of the place of residence of the Company. The Company irrevocably agrees to submit to the exclusive jurisdiction and venue of the courts located in Delaware, in relation to any action to enforce these Terms except for those matters where it is foreseen and is mandatory to fulfil with the competence of the courts or judges of the place of residence of the Company.
If one or more provisions of these Terms are held to be invalid, illegal or unenforceable by a court, it shall not affect the validity of any other remaining provisions of these Terms, which shall still be fully effective and binding. Acceptance by WORKLING of any other act of the Company that does not comply with these Terms shall not be construed as a waiver of rights or waiver to make claims as a consequence of the breach of these Terms
15.1 INDEPENDENT CONTRACTOR STATUS. NO EMPLOYMENT RELATIONSHIP OR JOINT VENTURE ARISES. The Company and WORKLING operate as independent contractors, thus, if either party contracts with a third party, they do so at their own and exclusive risk. No employment relationship arises from these Terms. These Terms shall not be construed as forming any joint venture, corporation, or any other type of business organization, or an agency relationship, or any other type of relationship between the Company and WORKLING.
15.2 Amendments of the Terms. WORKLING shall revise these Terms, amend them at any moment and publish new Terms on the Platform. By using the Platform and/or the Services offered through it, the Company agrees to act subject to any and all amendments of the Terms. In the event that the Company does not agree to the amendments made by WORKLING, the Company must immediately cease to use the Platform and may request to deactivate it account and Company’s Profile.
15.3 Assignment. Neither these Terms, nor any rights or obligations herein contained shall be assigned by the Company to any third party under no circumstances. Any damages sustained by WORKLING arising from the breach of the present clause shall impose exclusive liability on the Company.
15.4 Notices. All communications and notices -which may be either judicial or extrajudicial – that may be served upon WORKLING shall be delivered by reliable means to the following address: 800 W. El Camino Real, Suite 180, Mountain View, CA 94040, United States of America. Any communication and/or notice delivered to a different address shall not be deemed effective.
15.5 Use of Titles within the Terms. The only purpose of the titles herein is to be used as reference. No title shall be construed as governing, limiting, modifying or in any other way affecting the scope, meaning or intention of the provisions set forth in these Terms and shall not have any legal effect.
Version last updated on October 12th, 2020