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TERMS AND CONDITIONS OF SERVICE
beBee is a registered trademark of BEBEE PLATFORM SL ID ESB84471838.
1. RECOGNITION AND ACCEPTANCE OF THE TERMS OF SERVICE
BEBEE PLATFORM SL (formerly RED TRABAJAR S.L, hereinafter "BEBEE") a Spanish company with registered office at C/ Gran Vía 46, Planta 16. Madrid 28013 (Spain) and ID ESB84471838 is the owner of bebee.com and its apps. The BEBEE service is provided to the user (hereinafter "the USER") under the terms and conditions of this Terms and Conditions Agreement for the BEBEE service and in accordance with the operating rules and provisions published by BEBEE from time to time. This document constitutes the entire agreement between the USER and BEBEE and supersedes any prior agreements entered into by the parties with respect to the subject matter hereof. For the same purposes, beBee provides and shares the services it offers in the portal itself to the Iberempleos platform, a portal of job offers, projects, services, professionals and companies for Spain.
2. SERVICE DESCRIPTION
The BEBEE service is a web platform that allows USERS: (1) connect with people related to their profession and/or interests, (2) create, develop and maintain beehives of affinity, (3) receive relevant content according to the interests declared by the USER, (4) obtain suggestions and information about training, news, leisure activities and opportunities, tourism, among others, considered of interest to the USER, (5) publish job offers, services and other professional opportunities (6) add a CV to these job offers and professional opportunities, as well as sending proposals to the jobs and services advertised on the platform. In this sense, BEBEE allows the USERS access to BEBEE’s CVs according to the level of privacy selected by the USER. Likewise, the BEBEE service will be able to send the USER commercial communications through the existing means (e-mail, web, postal mail and mobile devices) both for employment, and/or other promotions or services related to financial and internet services, private sale, distance selling, fashion, training, mass consumption, state lotteries and bets, surveys, adsl, motor and others, with the previous express authorization of the user, which the user will have given when registering in the BEBEE service and accepting the present Terms and Conditions. The USER must: (1) have all the equipment, including a computer and a modem, necessary to establish the connection with the World Wide Web, (2) have their own access to the World Wide Web and pay the telephone costs and/or those derived from another connection or service related to the mentioned access. The USER agrees to the following: (1) provide certain updated information, complete and accurate about the USER as requested by the Service, and for the fulfillment of the purposes of it, as set out in these Terms and Conditions, (2) maintain and update such information to keep it complete and accurate, (3) acceptance of these terms and conditions authorizes BEBEE to use cookies and monitoring procedures of Ips, for the sole purpose of collecting data for statistical purposes such as: date of the first visit, number of times it has been visited, date of the last visit, URL and domain from which it comes, browser used and screen resolution. In any case, the user can delete these cookies by following the instructions of his Internet browser. The USER declares that he knows and is aware that the data he provides (hereinafter "Registration Information") will be incorporated into an automated file or personal data processing belonging to BEBEE and according to the provisions of Law 15/1999 of 13 December. The USER, in order to be able to be a user of the Employment service, will grant BEBEE, by means of the cumplimentation of the registration form in BEBEE’s Employment service, the right to give to third companies his condition of user of the Service, as well as all the Registration Information about the USER that would be necessary for the process of selection of the company, (by virtue of the characteristics outlined of the USER), for the contact with the USER by initiative of the company, by any viable means of communication, and for the final accomplishment of the hiring. If any information provided by the USER is false or inaccurate, BEBEE reserves the right to cancel the subscription of the USER and terminate the rights of the USER to use the Service. The USER authorizes BEBEE to keep and use the USER’s data to offer him/her other services and products. The USER knows and is aware that the Registration Information is collected, recorded and kept by BEBEE in AWS (AMAZON WEB SERVICES ) and PROSODIE IBÉRICA, S.L.U. - CAPGEMINI . The USER may exercise his rights of access, rectification, cancellation and opposition with respect to the processing of his personal data on the website www.bebee.com, depending on the origin of the user's registration on his respective website. The USER will be able to use different additional services catalogued as "PREMIUM" , which can be paid. The cost of this service is never refundable.
3. RIGHTS AND RESPONSIBILITIES OF THE CONTENT PUBLISHED BY THE USER
By posting content on beBee, you grant us a non-exclusive license to publish it on the beBee Services, including activities reasonably related to publishing (such as storage, display, reformatting and distribution). In consideration of beBee granting you access to and use of the Services, you agree that beBee may enable advertising on the Services, including the display of your content or other information. We may also use your content to promote beBee, including its products and content. We will never sell your content to third parties without your explicit permission. You are responsible for the content you post. This means that you assume all related risks, including reliance by others on its accuracy or claims relating to intellectual property or other legal rights. We invite you to post content on beBee that has been published elsewhere, as long as you have the rights to do so. By posting content to beBee, you ensure that doing so does not conflict with any other agreement you have made. We may remove any content posted for any reason. You can remove any of your posts up to 30 minutes after they are posted. The removal process may take a little time, but we will do so as quickly as possible. We may keep backups of the deleted post or account on our servers for up to 30 days after removal.
4. CHANGES IN THE CONDITIONS OF SERVICE
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 agreement, notifying the USER by communicating the changes on the home screen, so that the USER is aware of them before proceeding to use BEBEE. The uninterrupted use of BEBEE by the USER will constitute a ratification of this document, with the modifications and changes that have been introduced.
5. CHANGES IN SERVICE
For the same reasons mentioned above, BEBEE reserves the right to modify or discontinue the BEBEE Service in whole or in part, with or without notice to the USER. BEBEE shall not be liable to the USER or any third party for the exercise of its right to modify or discontinue the BEBEE Service.
6. EXCLUSION OF LIABILITY
THE USER EXPRESSLY ACCEPTS TO ASSUME EXCLUSIVELY ALL RISKS ARISING FROM THE USE OF THE BEBEE SERVICE. THE BEBEE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEBEE DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, NOR DOES IT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. NOR DOES IT GUARANTEE THE CORRECTION OF DEFECTS IN THE SERVICE. BEBEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED FROM THE SYSTEM OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL AND/OR INFORMATION. BEBEE DOES NOT GUARANTEE ANY OF THE GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR TRANSACTIONS MADE THROUGH THE SERVICE. NO RECOMMENDATION OR INFORMATION OBTAINED BY A USER, DIRECTLY FROM BEBEE OR THROUGH THE SERVICE, WHETHER ORAL OR WRITTEN, SHALL CONSTITUTE A WARRANTY BY BEBEE IF NOT EXPRESSLY ASSUMED HEREIN. THE COMPANIES THAT POST THEIR JOB OFFERS ON THE BEBEE SERVICE ARE SOLELY RESPONSIBLE FOR OBTAINING ANY TYPE OF AUTHORIZATION, PERMISSION OR LICENSE, IF NECESSARY FOR THE PUBLICATION OF ANY OF THEIR JOB OFFERS. IN THIS SENSE, THEY ARE THE ONLY ONES RESPONSIBLE FOR OBTAINING THE MANDATORY ADMINISTRATIVE AUTHORIZATIONS IN THE FIELD OF MIGRATION FOR THE JOB OFFERS RELATED TO COUNTRIES THAT ARE NOT MEMBERS OF THE EUROPEAN ECONOMIC SPACE AND/OR EUROPEAN UNION. ANY COMPANY THAT INSERTS A JOB OFFER THAT CONTRAVENES CURRENT LEGISLATION WILL ASSUME EXCLUSIVE RESPONSIBILITY FOR THE DAMAGES AND CONSEQUENCES DERIVED FROM THE SAME, EXEMPTING BEBEE FROM ANY RESPONSIBILITY.
7. LIMITATION OF RESPONSIBILITY
BEBEE SHALL NOT BE LIABLE FOR IMPOSSIBILITY OF USE, INTERRUPTION OF BUSINESS, OR DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) 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 Service is personal to the USER only. The USER agrees not to assign or make any commercial use of the Service without the express consent of BEBEE.
9. USER BEHAVIOUR
The USER is solely responsible for the content of the transmissions through the Service. The use of the service by the USER is subject to local, provincial, regional, national and international laws and regulations. The USER accepts: (1) not to use the 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 protect and be solely responsible for the security of their passwords, to ensure the confidentiality of the data included in the BEBEE SERVICE. The USER shall not impede the use of the BEBEE Service by another USER or the use of similar services by another entity. BEBEE MAY, IN ITS SOLE DISCRETION, TERMINATE THE BEBEE SERVICE IMMEDIATELY, IF THE USER'S CONDUCT IS NOT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
10. COMPENSATION
The USER 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 due to or arising out of the use of the BEBEE Service by the USER, or the breach by the USER of this Agreement, as well as the infringement by the USER or another user of the BEBEE Service through the USER's computer, of the intellectual, industrial property or other rights of a natural or legal person.
11. TERMINATION OF THE RELATIONSHIP
Both the USER and BEBEE may terminate the Service at any time, without notice, with or without justification, and such decision will be effective immediately. BEBEE shall not be liable to the USER or to any third party for the termination of the BEBEE Service. In case of disagreement of the USER with any of the terms and conditions of this agreement or any of its modifications, or in case of not being satisfied with the BEBEE Service, the only immediate recourse is: (1) discontinue using the Service; (2) cancel your subscription to the Service; and (3) notify BEBEE of the termination. Upon termination of the Service, the USER's rights to use the BEBEE Service and software immediately cease.
12. NOTIFICATIONS
Any notice between the parties must be in writing and sent either by e-mail or by the postal system. BEBEE may transmit notices or messages through the Service in order to inform the USER about changes to this agreement, the BEBEE Service or other matters of importance. Such transmissions shall be considered as notifications to the USER.
13. PARTICIPATION IN ADVERTISING CAMPAIGNS
The USER will be able to maintain correspondence with the COMPANIES that insert their job offers in the BEBEE Service, or selection processes. Such correspondence or participation, including in its case any additional deliveries of goods and/or supply of services by the COMPANIES (and the payment for them), and any other terms, conditions, guarantees related to such correspondence will be established only between the USER and the COMPANIES. BEBEE does not assume any responsibility or obligation derived from such correspondence or participation.
14. PROPERTY RIGHTS OF THE CONTENT
The USER acknowledges that the content, including but not limited to, text, software, music, sound, photographs, video, illustrations and other material found either in the COMPANIES offerings or in the e-mail messages distributed or in the information commercially produced and presented to the USER by the BEBEE Service ("Content"), by BEBEE or by BEBEE’s suppliers, is protected by intellectual property rights, patents and trademarks, service marks, and other rights derived from intellectual or industrial property; therefore, the USER is empowered to use this Content in the manner expressly authorized by the BEBEE Service. The USER is prohibited from copying, reproducing, distributing or making creations based on this Content without the express authorization of the BEBEE Service. The USER agrees not to decompose or alter the software of the BEBEE Service for any reason, nor allow third parties to do so.
15. GENERAL TERMS
This agreement shall be governed by Spanish law, and the parties shall submit any dispute arising from this agreement to the Courts and Tribunals of Madrid (Spain). The USER will not assign any right or obligation derived from this agreement, unless there is express written consent from BEBEE. Any attempt to transfer the Agreement without the aforementioned consent will be null and void and without effect. Notwithstanding the foregoing, BEBEE shall be entitled to assign this Agreement with all of its rights and obligations whether by sale of the service, dissolution, spin-off, merger of companies or any other form of transfer. This agreement shall be binding and in effect between the parties and their respective representatives, heirs, administrators, successors and holders of authorized transfers, except as provided herein. If any provision or provisions of this agreement are found by a court of competent jurisdiction to be contrary to law, such provision or provisions shall be redrafted to reflect as closely as possible the intentions of the parties, while the other provisions shall remain in full force and effect. If any provision of this Agreement is held to 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 Agreement shall not constitute a waiver of the right to claim for another 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 agreement are used solely for the convenience of the parties and have no legal or contractual significance.
BEBEE PLATFORM SL
C/ Gran Vía 46, Planta 16
Madrid 28013 (Spain)
ID ESB84471838
Registration Number: 2052640091
Registered in the Mercantile Registry of Madrid in volume 21938, page 15, section 8, sheet M-390918, entry 1.