General terms and conditions
General terms and conditions
Legal terms of GROWINFINANCE - Users
1. LEGAL INFORMATION AND ACCEPTATION
growinfinance.com. The web site at www.growinfinance.com (hereinafter, "growinfinance.com" or "Web Site") is owned by Careerplanning S.L., with CIF number B65048787 and headquarters at Carretera del Montnegre 70, 08470 Sant Celoni, Barcelona (Spain); Company Registry information: Barcelona Register, tomo 41059, folio 149, hoja B377384 (hereinafter, "GROWINFINANCE" or “we”).
Users. growinfinance.com is a meeting point for applicants that post their CV and companies that post job offers or other services addressed to individuals working in various industries, hence the term “User” as used in these Legal Terms includes both applicants and posting companies. Only individuals older than eighteen or entities that have the sufficient legal capacity to conclude a contract according to the law, and that have not been temporally or definitively terminated by GROWINFINANCE from using the Web Site according to the terms set forth herein, are authorized as Users.
Specific terms. Use of some services offered to Users through the Web Site may be subjected to specific terms that, in some cases, substitute, complete and/or modify these Legal Terms. Therefore, before using such services, Users must read the specific terms carefully and accept them. In particular, Users who post job offers or other products and services are bound, in addition to these Legal terms, by the specific contract conditions that apply to the contractual relationship for posting job offers or other products and services.
Purposes. growinfinance.com’s purposes are the following:
• Provide applicant users with access to job offers and other services offered by GROWINFINANCE’s clients through the Web Site and enable them to edit and manage their CVs by means of a private menu.
• Enable company users to post jobs and/or other services offers, to access the registered applicants’ CVs database (according to the privacy level selected by every applicant user), and to manage selection of applicants. Company’s contact details must not be included in the job adverts; candidates will apply for the jobs through the Growinfinance job board.
• Provide a platform for users and third parties to post and/or offer and check other services in relation to the job market.
3. REGISTRATION IN GROWINFINANCE.COM AND PASSWORDS
Registration Information. Information provided during registration and generally any other information submitted in growinfinance.com must be true, up-to-date, accurate and complete. For this purpose, User warrants the authenticity of any information filled in the questionnaires necessary to register for the services available at growinfinance.com.
Password. Users are responsible at any time for the custody of their passwords, which are personal and non transferable, and will be responsible for any damages arising from an undue use, transfer, disclosure or loss of the passwords. In this regard, access to restricted areas and/or use of Web Site contents after logging in with a password will be deemed to be performed by the corresponding User, who will be held liable for any damages arisen from access or use with full indemnity to GROWINFINANCE. Users must immediately inform GROWINFINANCE of any circumstance that may entail a risk of access and/or use by an unauthorized individual in order for GROWINFINANCE to duly proceed to the cancellation and substitution of the account.
4. SERVICES AT GROWINFINANCE.COM AND GROWINFINANCE’ OBLIGATIONS
GROWINFINANCE provides Users with the following services through growinfinance.com (the “Services”):
• Free User listing in the electronic employment pool at growinfinance.com through the registration process for Users, in order to network with companies.
• Selection of CV’s Privacy Level (hidden, anonymous, visible).
• Services and tools to manage seek of employment.
• Possibility to be searched (in accordance to the selected Privacy Level) through the database of Users registered in growinfinance.com.
• Service of Employment Alerts: free automatic alerts on offers via e-mail. growinfinance.com offers the possibility of obtaining through electronic communications (e-mail), in a fast, personal and free manner, job offers that adapt the User’s profile. To easily exclude oneself for free from this service, Users should enter into “Access Users”, authenticate themselves and deactivate, from the “Private Menu” area “Alerts”, the option to receive this service, or follow the instructions stated at the end of the received e-mails.
• Newsletter Services or informative electronic communications about employee selection and professional training.
• Other services that growinfinance.com may deploy and deem interesting for Users, such as advice, training, professional contact network, forums, access to news.
GROWINFINANCE’s obligations. GROWINFINANCE is subjected to the following obligations:
• Provide the User with the Services, contents and/or tools demanded with fullest guarantees.
• Expressly inform Users about the existence of these Legal Terms before initiating registration processes.
Users who post job offers on the Web Site accept that Growinfinance publishes the offers via its own site and may also syndicate basic offer data linking to the offers via feeds or other links on our business partners’ sites.
5. USE OF GROWINFINANCE.COM
Free Access. Access to growinfinance.com is free, notwithstanding the fact that some services offered in the Web Site may be charged in accordance to the specific contract conditions provided by GROWINFINANCE.
Responsibility. Users acknowledge and accept that they access and use the Web Site and/or the contents included within under their full responsibility. Access to the Web Site and/or to the contents included within do not entail any guarantee as for the Web Site and/or contents’ adequateness for particular or specific User aims.
Limitations. growinfinance.com may set forth limitations and/or additional terms about use and/or access to the Web Site and/or to the contents. These terms shall bind Users at any time.
6. USERS’ OBLIGATIONS
User Obligations. Users agree to
• Diligently use the Web Site and the available services, in accordance to the Law, polity conventions and these Legal Terms and, eventually, to the applicable specific Terms, and duly respect other Users;
• Set a Username (email address) and password, which will be diligently ensured and used;
• Keep all the information submitted to GROWINFINANCE permanently updated in order to reflect the User’s real situation at any moment;
• Comply with these Legal Terms and abide the applicable regulations when using the contents and services within the Web Site.
General Prohibition. Users agree not to use any of the materials and information included in the Web Site for any purpose deemed illegal or expressly prohibited in these Legal Terms, or in specific terms that eventually may be applied, which may be contrary to GROWINFINANCE and/or third parties’ rights and interests. Users will be held liable to GROWINFINANCE and/or third parties for any breach or violation of the said obligations and/or for any damage, ruin, overload, submission and dissemination of viruses, and interference with the proper use of materials and information included within the Web Site, the information systems, documents, files and any kind of contents stored in any computer (hacking) owned by GROWINFINANCE or any of its Users.
Prohibitions. Users are forbidden, among other prohibitions, to do the following:
• Display, distribute, transmit, adapt or transform, by any means and form, the Web Site contents (texts, designs, graphics, information, database, audio files and/or pictures, logos, etc.) or any other Web Site element, unless they are previously authorized by the lawful owner o if are allowed by the law.
• Advertise, offer or distribute legally protected goods and services, unless they are authorized by GROWINFINANCE, and particularly, to advertise any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment by the employee, pays commissions only (not a reasonable salary), requires recruitment of other members, sub-distributors or sub-agents, or to include 803, 806, or 807 phone numbers.
• Promote or incur in anticompetitive behavior, aiming at progressive client recruitment (as chain systems, snowballs or pyramids).
• Disturb other Users (especially through unsolicited e-mail (spam)).
• Use mechanisms, software or scripts in the Web Site.
• Aggregate, copy, modify, alter in any fashion the Web Site, unless it proves necessary for a correct use of the Services (e.g., copy through search devices as “Robot/Crawler”), or to get or attempt to get the Web Site contents using means and procedures different from those provided in the Web Site or, generally, those ordinarily used in Internet given that they not entail any risk or damage to the Web Site.
• Take any action that may interfere with the proper working of GROWINFINANCE’s infrastructure, especially by overloading it, damaging the physical and logical systems of growinfinance.com, its providers and third parties via means of submitting viruses in the net or any other physical or logical system.
• Delete or revise any material posted by any other person or entity, and attempt to access, use and/or manipulate data from growinfinance.com, third party providers and other Users.
• Delete, hidden or manipulate notices about copyright and intellectual property rights or any other identification data of GROWINFINANCE or third parties.
• Send messages that may obstruct or interfere with the proper working of the services offered by GROWINFINANCE.
Users that intentionally or negligently breach any of the aforementioned obligations will be held liable for any damage that may arise.
7. CONTENT SUBMITTED BY USERS
Guarantees on Users’ Content. Notwithstanding the general obligations accepted by the User set forth in the previous section, GROWINFINANCE does not allow distribution, management or content disclosure that may be deemed unlawful or that may deteriorate quality service. Therefore, submission of the following content is forbidden:
• Unlawful content according to the national, community or international law or content contrary to good faith.
• Content that does not accomplish the quality standards set by GROWINFINANCE.
• Content that violates other individuals’ fundamental rights, is impolite on the net, annoys or may involve a negative opinion by other Users or third parties or, generally, any content whatsoever that GROWINFINANCE deems inappropriate.
• Legally protected content (e.g., by copyright and intellectual property law, trade marks, patents, utility models or design rights), without authorization.
• Offensive or defamatory content, regardless of the fact they affect other Users or any other individuals or entities.
• Pornographic content or content that infringes child protection legislation, or content that advertises, offers or distributes pornographic products or infringe child protection regulation.
• And generally any content that infringes the principles of legality, honesty, responsibility, human dignity protection, children protection, public policy, privacy protection, consumer protection and copyright and intellectual property rights.
GROWINFINANCE does not previously review or control any submitted content, offer, comment, opinion or any information whatsoever provided by Users. However, if GROWINFINANCE has effective knowledge, on its own or prompted by a third party, that a content, offer, comment, opinion or any other information that may infringe the law, these Legal Terms or other Users and third parties’ rights has been submitted, will remove it from the Web Site, without previous notice.
8. PARTIES’ LIABILITY
CVs and Offers. GROWINFINANCE lacks control over the quality, safety and legality of the posted job offers and CVs, the truthfulness of the offers, the companies’ ability to offer job opportunities to applicants and the ability of applicant to fill job offers. Therefore, GROWINFINANCE does not guarantee the truthfulness or accuracy of any job listing, offer or CV posted, and only acts as a passive conduct for the distribution and publication of user-submitted information in the Web Site. Moreover, GROWINFINANCE does not guarantee or promise any specific results from use of services provided in the Web Site, in particular, does not guarantee that applicant will find a job or that companies will fill find an appropriate employee.
GROWINFINANCE’s Content. GROWINFINANCE is only liable for the content and services directly provided or created by GROWINFINANCE. GROWINFINANCE’s maximum amount of liability will not exceed any payments received from the User and will not in any event cover any indirect loss.
Disclaimer of liability for User-submitted content. Users accept that GROWINFINANCE will not be held personally or vicariously liable, for any damages whatsoever arisen by illegality, inaccuracy, untruthfulness or falsity of the information submitted by Users, in particular, of the identity of Users, the false representation of a User, or generally of any other information or data submitted by Users. GROWINFINANCE will also not be held liable for any damages whatsoever arising from:
• Contracting services offered at growinfinance.com.
• Users’ breach of (i) obligations with other Users (ii) applicable regulations (iii) these Legal Terms.
• Viruses or other devices submitted by other Users or third parties that may damage files or computer equipments.
• Illegality, untruthfulness, inaccuracy and/or falseness of any content or links submitted by other Users or third parties in growinfinance.com.
9. BREACH AND INDEMNITY
Cancellation or termination. GROWINFINANCE reserves the right to temporally or definitely terminate a Users’ account, without previous notice, at its own discretion or prompted by a third party, in any of the following situations:
• Breach of these Legal Terms.
• Breach of the applicable regulations.
• Submission of false, inaccurate or false or misleading information or third party identity theft.
• Action that may cause direct or indirect damages to GROWINFINANCE, other Users or third parties.
Indemnity. Users agree to indemnify GROWINFINANCE for any damages whatsoever that may be directly or indirectly caused to GROWINFINANCE arisen from a breach of these Legal Terms, a breach of the applicable regulations and/or the infringement of rights owned by GROWINFINANCE, other Users or any third party.
10. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
Copyright © 2009 Growinfinance.com is a registered trademark of Careerplanning Ltd. All rights reserved.
This Web Site is governed by the Spanish Law and is protected by the national and international copyright and other intellectual property laws.
Texts, designs, pictures, audios, databases, logos, structure, domain name, trade marks and other Web Site elements are protected by copyright and intellectual property rights owned by Careerplanning SL and/or third parties that have properly authorized their inclusion in the Web Site, either by sending the registration questionnaire or by an agreement of transfer of intellectual property rights concluded with Careerplanning SL.
Careerplanning SL does not grant any license or use authorization over its copyright and intellectual property rights or over any other right or property concerning the Web Site, its services or its contents.
11. PROCEDURES REGARDING UNLAWFUL ACTIVITIES
If a User or third party considers that some acts or circumstances involve unlawful activities in the use of any content or any other behavior in the web pages included on growinfinance.com and, particularly, if they infringe copyright and intellectual property rights (patents, models, industrials designs, trade marks and trade names, etc.) or any other rights, the User should send us a notification form including the following elements:
a) Claimant’s personal information: name, address, phone number and e-mail address.
b) Identification of the possible unlawful activity in the Web Site and if it specifically concerns infringement of intellectual property rights, precise and concrete identification of the protected rights and the web pages.
c) Acts or circumstances that unravel the unlawfulness of such activities;
d) In case of rights infringement, a hand-written signature or equivalent signature, and personal identification of the owner of the infringed rights or the agent authorized to act on her behalf.
e) An express and clear statement in which the claimant asserts, under her responsibility, that all the provided information is accurate and that use of her contents and other possible activities are unlawful.
12. LINKS TO OTHER SITES
GROWINFINANCE includes in its contents links to Web Sites owned and/or managed by third parties with the aim of enabling access to information available on the Internet, in relation with the job market, professional training or other interesting matters. In no case do these links permit access of third parties to the personal data of the users registered in the Database of Growinfinance.com.
GROWINFINANCE assumes no liability from any link between contents in this Web Site and contents in other sites or any other mention to contents outside the Web Site. These links or mentions have solely an informative purpose and never involve any endorsement, approval, merchandising or any other relation between GROWINFINANCE and individuals or entities which created and/or managed such contents or the owners of the sites where they are included.
User acknowledges that 100% availability of the Web Site is not technically feasible. However, GROWINFINANCE will make its best efforts to keep the Web Site available in the most constant possible way. Due to special maintenance, security or capacity issues, and also to some events over which GROWINFINANCE may not influence (e.g., anomalies in public communication networks, electricity cut offs, etc.), services provided by GROWINFINANCE may be temporally suspended or affected by brief anomalies.
14. GOVERNING LAW AND JURISDICTION
Subject to mandatory applicable law, GROWINFINANCE and the USER, to the exclusion of any right to a different forum, acknowledge that the courts of Barcelona, Spain, shall have jurisdiction for any claim or action arising from the services and contents offered by GROWINFINANCE, and interpretation, enforcement and compliance of the terms set forth herein.