Versión de fecha 21 January 2021
These Terms and Conditions of Use apply to the following types of users:
1. Guest users: The Terms and Conditions of Use applicable to these users are shown in the section GENERAL Terms and Conditions of Use.
2. Registered users: There are two types of registered users:
a. CANDIDATE users who publish their CVs or who simply wish to receive various offers about job recruitment, training and events via email: The Terms and Conditions of Use applicable to these users are those generally shown in the section GENERAL Terms and Conditions of Use and those set out specifically for these users as specified in the section Terms and Conditions of Use for CANDIDATES.
b. COMPANY users who publish job offers, training opportunities or events: The Terms and Conditions of Use applicable to these users are those generally shown in the section GENERAL Terms and Conditions of Use and those set out specifically for these users as specified in the section Terms and Conditions of Use for COMPANIES.
GENERAL TERMS AND CONDITIONS OF USE OF TURIJOBS
At Turijobs we care about clarity of information when using our website and hiring our services. For this reason, we explain below our general terms and conditions of use which are applicable when accessing them:
We are Turijobs Tourism Services, S.L.U. 2020 (hereinafter "Turijobs" or "We"), and we are located in Barcelona, Spain, in Plaza Europa, number 9, Ed. torre Inbisa, floor 22, office D, 08908 Hospitalet De Llobregat; with CIF B-64589583, telephone number 0034.902.366.445 and e-mail firstname.lastname@example.org, and registered in the Barcelona Mercantile Registry. We are also the owner and proprietor of the platform and the website in the domain www.turijobs.com (from now on, jointly designated as the " Website").
These general terms and conditions of use (hereinafter referred to as the "Terms and Conditions") regulate the rights and obligations arising from access, navigation and use by users of the Website.
Conversely, if you do not agree with these Terms and Conditions or any part of them, you may refrain from using our Website and/or the services we offer.
We distinguish our users as follows:
For the purposes of these Terms and Conditions, we will refer to both Registered and Unregistered Users together, as "Users".
We recommend that you periodically read these Terms and Conditions each time you access our Website and/or our services.
The purpose of Turijobs is to provide a platform that functions as a communication channel in an online environment between Users, especially between Companies in the tourism sector and potential Candidates, for the generation of new jobs and contacts, increasing and improving their respective professional relations. Specifically, through the Website, we provide Candidates with access to job offers offered by Companies, which, in turn, can easily access the profiles and curriculums vitae (hereinafter referred to as "CVs") of registered Candidates.
How does it work?
We allow registered Companies access to the database of Candidates registered with Turijobs in accordance with the level of privacy selected by each Candidate, the publication of job offers, the management of Candidate selection and other services related to the employment sector. For our Candidates, we enable the edition and management of the "CV" and access to other services of interest.
In this sense, we are in continuous evolution and development of new tools that provide value to the Registered Users of our Website. For this reason, we reserve the right to modify without prior notice, the design, presentation and/or configuration of the Website, as well as to add new services and/or modify those services that we have already been providing to our Users (hereinafter, the "Service" and, jointly, the "Services"). In any case, for those cases in which there is a substantial modification in the way of providing the Services with respect to those already accepted by the Users, the appropriate communications will be made.
The use of certain Services offered to Users through the Website may be subject to specific conditions of their own (hereinafter referred to as "Specific Conditions") which, depending on the case, replace, complete and/or modify these Terms and Conditions. Therefore, before contracting and using our Services, we recommend that you carefully read our Terms and Conditions, as well as the Specific Conditions, which will be binding once the Services have been registered or accepted. In case of conflict between the Terms and Conditions and the Specific Conditions, the latter ones that may have been established will prevail.
At Turijobs we make an effort to keep our Website available as constantly as possible, however we cannot guarantee 100% availability of the Website, and therefore we do not assume any responsibility in this regard.
For this reason, Turijobs reserves the right to monitor access and/or use of the Website as well as to adopt the necessary technical measures in order to control and verify that use is being made in accordance with these Terms and Conditions and current legislation and, consequently, we reserve the right to do so without prior notice, the right to (i) suspend, eliminate, limit or prevent access to the Website and/or the Services when (a) anomalies or technical difficulties arise due to events or circumstances beyond our control and will that diminish or annul the levels of security and capacity adopted for the adequate functioning of the Website or (b) for maintenance reasons; or (ii) to deny access to the Website to Users in the event that these Terms and Conditions are not respected.
3.- User registration process
When you register as a Candidate or Company, remember that you accept all our legal texts contained in the Website, which are fully binding. Therefore, we recommend that you read them before proceeding with your registration.
All the data required in the registration process, whether as a Candidate or Company, marked with an asterisk must necessarily be completed, so that failure to complete them releases us from any obligation or action related to such information, and may be denied registration as a User.
Only if you are a natural person can you register as a Candidate. Registration as a Candidate is free.
At any time, as a Candidate, you can configure in your personal area which data you want us to treat in Turijobs as the owners of the Website, as well as those, if any, that can be given to the Companies or not. Once the data has been given to the Companies, the latter will be responsible for the subsequent processing of the data without Turijobs responding beyond its own limited data processing as detailed on our Website. In any case, the data that you provide directly to the Companies using the means of registration for the offers on the Website or outside of it, will be understood to be transferred directly by the Candidate to the Companies outside of Turijobs' responsibility in that which is not foreseen in the legal texts of our Website.
In the case of Companies, only a natural person with the corresponding powers of representation can be registered as a "Company" in our database. To do this, the contact information of the natural person and the information of the Company itself must be completed. The power of attorney of the natural person who does all this on behalf of the registered Company will be presumed.
Remember that, both as a Candidate and as a Company, all the information you provide as a User through the Website and/or the Services must be truthful. To this effect, you guarantee the ownership, authenticity and updating at all times of the data that you communicate as a consequence of the completion of the forms necessary for the subscription of the Services and creation of a profile, being the only person responsible for the false or inexact declarations that you make and the damages that you cause to Turijobs and/or third parties due to the information that you provide. In particular, in relation to mobile messaging services, you guarantee that you are the owner, subscriber or beneficiary of the declared mobile numbers and are responsible for informing Turijobs of any change in their situation.
When you register, you will be given a user name and password. The use of these keys is personal and non-transferable, and the assignment, even temporary, to third parties is not permitted. In this sense, it is your responsibility to adopt the necessary measures for the custody of the selected passwords, avoiding their use by third parties. Consequently, Turijobs does not assume any responsibility for the use of the passwords by unauthorized third parties. In the event that you have knowledge of or suspect the unauthorized use of your passwords, you must inform Turijobs of this as soon as possible.
4.- User obligations
As a User you agree to make diligent use of the Website and the Services accessible from it, subject to the Law, good customs and these Terms and Conditions (including the Specific Conditions where applicable and other legal texts) and to maintain due respect for other Users.
Likewise, as a User, you are solely responsible for the relations that you establish with the rest of the members and Users of Turijobs. We reserve the right to limit the number of contacts that the User establishes with other members and, in certain circumstances, to prohibit communications with other Users through the Services offered or to limit in any other way their use of said Services that exceed the scope of the agreed Services.
It is forbidden to:
5.- Content and link publication
In our Website we offer the Services and/or contents related to our activity, these being merely informative, without in any case being able to guarantee their accuracy, for which reason Turijobs reserves the right to update, modify or eliminate the contents, services and, in general, any elements that make up the design and configuration of the Website at any time without the need for prior notice.
Additionally, the Website may contain links to third party domains whose ownership and management corresponds to said independent third parties over which Turijobs has no control or ownership whatsoever. Therefore, we do not guarantee or take responsibility, in any way, for those contents, commercial activities, products and services included in the Website that may be linked, directly or indirectly, to our Website. The presence of such links, unless expressly stated otherwise, is merely for informative purposes and in no case implies a suggestion, invitation or recommendation about them, it being up to the User to verify as much information as they consider appropriate.
6.- Intellectual and Industrial Property rights
Our Website is governed by Spanish law and is protected by national and international legislation on intellectual and industrial property. By way of example and without limitation, the texts, designs, images, audio, databases, images, logos, structure, brands and other elements of the Website are protected by the intellectual and industrial property rights of Turijobs and/or third party owners with the appropriate authorizations, either through registration on the Website or through the agreements for the transfer of exploitation rights that these have stipulated with Turijobs.
As is to be expected, we reserve all the rights of exploitation of our intellectual and industrial property so, in no case, will it be understood that access, navigation and use of our page implies a renunciation, transmission, license or total or partial assignment of said rights.
Any reproduction, transmission or distribution, adaptation, translation, modification, communication to the public, or any other exploitation of all or part of the content of our Website, carried out in any form or by any means, electronic, mechanical or other, is strictly prohibited unless previously authorized in writing by Turijobs or third party owners. Any infraction of these rights will be able to give rise to as many extrajudicial or judicial civil or penal procedures that correspond.
However, it is possible to establish a link to our Website address as long as it is not related to false, inaccurate, incorrect, misleading or confusing statements or that are contrary to the law, morals or good customs. Likewise, the Website may not be altered, changed, modified or adapted in any way. As a User, you only have the right to strictly private use with the purpose of enjoying the contents and Services in accordance with these Terms and Conditions and Specific Conditions where applicable.
By accepting these Terms and Conditions, when you register as a User, you grant Turijobs the non-exclusive, irrevocable, free right, without any territorial or temporal limitation, and with the power to transfer it to third parties, for the reproduction, public communication, including its method of making available, distribution and transformation, in any of the methods known to date, of all the information and/or content that, directly or indirectly, you provide or make available to our Website.
At Turijobs we make every effort to avoid any error in the contents that may appear on the Website. However, Turijobs does not guarantee, nor does it take responsibility for the consequences that could be derived from errors in its own contents or those of third parties that could appear, nor does it assume any responsibility derived from the veracity, exhaustiveness, exactness, legality and/or reliability of the information provided.
Turijobs has adopted, within its possibilities and the current state of technology, all reasonable measures in order to guarantee the correct functioning of our Website and we are committed to trying to solve the problems that may arise and to reach a quick and satisfactory solution to possible incidents. However, under no circumstances do we guarantee the reliability, availability or continuity of the Website, and therefore its use by Users is carried out at their own risk, without Turijobs being held responsible in this respect at any time.
In addition, we do not assume any liability, including but not limited to, for
As User you guarantee to Turijobs that you rigorously comply with these Terms and Conditions exempting Turijobs from any potential responsibility in this respect and you must hold harmless and, if necessary, compensate and indemnify Turijobs, its directors, employees, affiliates, agents and any other related persons, with respect to any claims, responsibilities, sanctions, damages, losses, expenses or any other concepts that are a consequence of any breach of these Terms and Conditions.
The present Terms and Conditions and the rest of the Specific Conditions of the Website and legal texts will be governed by Spanish legislation.
At Turijobs we strive to give our best and seek a solution that is reasonable. For this reason we believe that the best way is to have access to a free access platform, for the resolution of online conflicts, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body (hereinafter, the "ODR"), which acts as an intermediary between the two. Without the resolution being obligatory for the parties, this body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict, in accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission.
Here is a link to the application or claim form:
And in this link the European Commission's search engine to the list of dispute resolution bodies: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
In any case, for any questions that may arise or actions that may be taken as a result of the provision of the services and contents of Turijobs and on the interpretation, application, compliance or non-compliance with what is established here, you will be subject to the jurisdiction of the Courts and Tribunals of Barcelona, with express waiver of any other jurisdiction that may correspond to you
Turijobs reserves the right to modify its policy due to updates or changes and legal needs, as well as due to improvements and changes included in the way Turijobs offers and provides its services.
If during the reading you have had any doubts or questions about our Terms and Conditions or our Services, you can write to us at the following email address email@example.com for more information.
SPECIFIC CONDITIONS FOR CANDIDATES
1.- Services aimed at Candidates
Below, we list the services we offer you, as a Candidate, from Turijobs:
When you register as a Candidate, you decide, voluntarily and freely, to sign up for a job offer, training, or an event, being the only one responsible for sending your CV to the corresponding Company, which may hide its identity.
Likewise, we cannot guarantee that you will obtain specific results that do not depend exclusively on our activity, aspects known and accepted by you as a Candidate.
2.- Candidate’s Liability
Remember that as a Candidate, with respect to the information you provide, you guarantee that you are the owner and that it is accurate and truthful. Likewise, as a Candidate, it is your obligation to maintain, at all times, your data updated, being the only person responsible for the inaccuracy or falsity of the data provided to Turijobs and/or third parties of the damages that may be caused to us by the use of our Services.
Turijobs does not accept any responsibility for the use of the data that the Companies make, the texts or offers published (by or on behalf of the Companies). Keep in mind that Turijobs will not have the obligation to verify the information that you provide to it or that the Companies provide, this being the exclusive responsibility of each providing party. Neither do we guarantee the truthfulness, accuracy and updating of the information or jobs offered by third parties, so you expressly release Turijobs from any responsibility that may arise from the offers or information published on our website, not assuming Turijobs any responsibility in this regard. In this sense, as a Candidate, it corresponds to you to carry out as many verifications as you consider appropriate before registering in an offer and/or during your selection process.
Likewise, we warn that the ideas that are published and the information that you share with the rest of the Users can be seen and used by Turijobs or by third parties. In this sense, we cannot guarantee that these third parties will not use the ideas and information that you share through our Website. Therefore, if as a Candidate you have an idea or information that you wish to be confidential or do not want to be used, or if it is subject to third party rights that could be infringed if you shared it, you should not publish it on the Website.
Therefore, when you send ideas, suggestions, documents or any other proposal or contribution to Turijobs through the means that we make available to you, you are acknowledging and accepting that:
SPECIFIC CONDITIONS FOR THE COMPANIES
The present Specific Conditions, together with those indicated in each case and service, and our General Terms and Conditions in force at any given time on our Website (hereinafter, and together, the "Contracting Conditions") expressly regulate the relations that arise between Turijobs Tourism Services, S.L.U. 2020 (hereinafter, "Turijobs", “Us” or "We"), and those third parties that contract the services offered on its Website or by means of telephone or email contracting with our commercial team (hereinafter, the "Services").
The Contracting Conditions have the purpose of regulating the contractual terms for the provision of the Services and the consideration due to Turijobs as well as the use of the Service.
The activation of the request to send a contract through the Turijobs Website, or in its case the acceptance of the conditions exposed via email or telephone together with our personalized budget, attributes the condition of client to the registered company and expresses the full and unreserved acceptance of our Contracting Conditions.
Unless expressly stated otherwise, all of the Services offered by Turijobs will be governed by our General Terms and Conditions, as well as by the Specific Conditions included here and those that may apply to each of the Services. Similarly, our Privacy and Cookies Policies will be fully binding and you can access them at any time through our Website.
2.- Our Services aimed at Companies
Turijobs helps you with the management of the job offers published on the Website. This management includes:
In order to comply with the service of publishing job offers on Turijobs and the service of consulting Turijobs' database, as a company you must take into account that the personal data and CV of the candidates will only be accessible, according to the level of privacy selected by the candidate. Likewise, you must take into account that we cannot guarantee that you will obtain specific results that do not depend exclusively on our activity, aspects that are known and accepted when contracting the Services.
We offer our Services in different modalities, in particular
3.- Contracting process of the Services
The Services may be contracted by natural persons of legal age or legal entities. In the case of a legal entity, the request for the Services must be made by a duly authorized representative of the Company. In the case of natural persons, they must be of legal age and contract in their own name.
As a Company, you are responsible for ensuring that the data included in the registration process and/or contracting through our Website or by other means are true and accurate, and you undertake to communicate to Turijobs as soon as possible all changes relating to this data and, especially, those referring to the information necessary for the proper maintenance and management of the provision of the contracted Services. You can modify the data provided through the Client Area at any time by identifying yourself with the passwords provided during the registration process as a Company.
Turijobs reserves the right to accept or reject any contract, as long as it: (a) verifies that the data provided are not true or are inaccurate; (b) considers that the request made: (i) does not comply with the terms set out in the Contracting Conditions and/or (ii) damages or could damage the corporate image of Turijobs or would be contrary to the commercial purposes pursued by the same; and/or (iii) has pending payment of a Service previously contracted with Turijobs. The denial of the provision of the Services will be by e-mail or telephone at the addresses provided, indicating the reason for the denial. You will be able to request again a Service that had been refused again, as long as the reasons that had given rise to their refusal had been properly corrected
To hire our Services, it can be done in two ways:
In any case, it will be understood that the contract is perfected, being binding with Turijobs, when: (i) Turijobs receives the acceptance of the contract offer with date and signature of the budget, in the form of fax or copy, in PDF format or is expressly confirmed in writing by any electronic means; (ii) the Company proceeds to the activation and payment of one or more Services through the Website; (iii) the Company initiates the use and enjoyment of the Services requested from Turijobs in any way; (iv) as soon as Turijobs confirms a written order; (v) Turijobs publishes the Company's employment announcement on the Internet.
We take this opportunity to inform you that the Services will not be initiated until we have received payment or the first payment, as appropriate, for them. However, please do not hesitate to contact us through the following email, to negotiate conditions and payment methods that will suit your needs: firstname.lastname@example.org.
4.- Fees, payment forms and billing
Unless otherwise agreed in writing with Turijobs, the Company will pay for the contracted Services according to the established current rate at the time of contracting. Unless expressly indicated to the contrary, the prices contained in the price list or estimates issued do not include VAT or any other tax that may replace it or be applicable in the future.
At Turijobs we have the following payment methods to choose from when contracting a Service:
The Company may proceed to the payment of the selected modality by (i) credit card, (ii) bank transfer or (iii) or direct debit in the modality of deferred payment in 12 evenly divided installments.
The Services that you contract with us are exclusively for your use and for the persons that, in their case, we have authorized to that effect, not being able to resell, assign or commercialize, in everything or in part, the above mentioned Services to third parties. For this reason, Turijobs reserves the right to cancel the contracted services in the event of non-compliance with the provisions of the Contracting Conditions, without in any case refunding the amounts paid or releasing you from the payment of those due according to the selected and agreed modality.
However, in those cases where our usual rates have been customised, these will apply as long as the conditions under which the Services were contracted are maintained. Consequently, in the event that you terminate a Service, we reserve the right to adapt the customised rates to our usual rates in accordance with the provisions of our Cancellation Policy set out below.
In the case of a charge back or dispute over payment of a credit card or bank direct debit and non-payment, we reserve the right to suspend the contracted Services without prior notice and apply a charge back fee (equivalent to the costs generated by the management of the collection and non-payment of the Services) which must be paid in full before the Service is re-established, the files are handed over or any other work is carried out, without prejudice to the legal actions that could correspond to Turijobs for the damages caused by the non-payment.
Likewise, in cases where payment for the Services is made after their start, we inform you that any delay in payment within ten (10) days after the due date without any communication having been made, will automatically accrue interest in our favour at a rate equal to 3% (or the maximum amount permitted by law, if lower), on a daily basis from the date on which it is due until the day on which it is paid.
Once the term of the contract for one or more of our Services has expired, if you wish to renew such Services with Us, you must notify us at least seven (7) days in advance of the date on which the Services are due to be continued without interruption.
The invoicing of the Services will start from the day in which Turijobs communicates the activation of the contracted Service or it starts effectively. Invoicing will be carried out according to the payment method selected in accordance with the established rates and the corresponding price revisions that may be applicable.
The invoices for the provision of the Services will include the applicable indirect taxes, deducting all those amounts that Turijobs has the obligation to retain and pay on behalf of the Company.
Without prejudice to the obligation of payment on the corresponding date, if after ten (10) days from the emission of the invoices, the Company does not manifest, by any means that accredits its receipt, its disagreement with its content, it will be understood that these invoices are correct, and no claim will be accepted by Turijobs after this period.
As a Company you give your express consent for us to make the invoices available to you, by electronic and telematic means. In any case, you will be able to exercise your right to receive invoices on paper at any time, by writing to email@example.com.
5.- Procedure for the publication of job offers
To publish your jobs and vacancies, we can do it in 3 ways:
When offering a job, training or event, you will be able to select the area or region in which such offer is published in order to provide an optimal service. In the event that you do not determine a region, the region corresponding to the address provided in the process of registration as a Company will be established by default. Remember that our rates vary depending on the number of regions selected when publishing an offer.
As a Company, you guarantee Turijobs that all the information and details of the job offer comply with current legislation, respect the guidelines set out in the collective agreement that may correspond and do not contravene labour regulations. Remember that Turijobs will not have the obligation to verify the information you provide for the provision of the Services, remaining under your exclusive responsibility.
Therefore, the jobs you offer as a Company, as well as the training and events, must be legally valid. In this sense, we do not accept those offers that: (i) require an investment of money by the Candidate (except for training and events); (ii) are offers from pyramid schemes companies; (iii) are business opportunities; (iv) are related to the adult entertainment industry.
At Turijobs we reserve the right not to fulfill the orders placed, or to remove elements of the Service already published, if the published content violates the legal requirements or prohibitions established in our Terms and Conditions, violates the rights of third parties, deteriorates the quality of the Service, damages in any way the image and brand of Turijobs, or violates the terms and conditions of Turijobs of impermissible content that we expose below:
Incorrect form: "Offer: "Helper Waiter / Waiter / Cook".
Correct form: "Offer Nº1: Helper waiter; Offer Nº2: Waiter; Offer Nº3: Cook".
As a Company you are aware that you cannot completely avoid that, given the current state of technology, the job offers published on the Website are copied, linked or published by other Internet providers, disguised as their own offers with the help of frames. At Turijobs we make no effort, within the legally required limits and as far as is technically possible, to prevent copies, links and framing in this sense, however, any unauthorized publication or linking or framing by a third party will not create any right in your favor to make any claim against Turijobs.
In order to improve the quality of the advertisement on all devices, Turijobs reserves the right to change the layout of the offer accordingly.
Upon your request and instructions, Turijobs will activate a button on the job offers marked "Apply now" or similar for Candidates. Depending on the selection you have established, this button may link to a page named by you and/or to a standard Turijobs application form page on its platforms, with which Candidates may submit the information requested through the form by means of a specific account in the Candidate administration at Turijobs Customer Center.
At Turijobs we have the right (but not the obligation) to publish job offers on other sites, especially those belonging to partners, or to create appropriate links to third party sites. This is an additional and voluntary service of Turijobs that does not imply any additional cost. However, when you particularly request publication on an additional site other than those initially offered by Us, these may contain additional restrictions and requirements in addition to our Terms and Conditions, for which Turijobs assumes no responsibility. We also point out that in the event that you request a specific region different from those initially offered within the framework of our Services, there may be certain legal requirements and prohibitions for job advertisements in other countries that must be complied with at all times and the indications contained herein may be modified or completed.
6.- Rights and obligations
6.1.- Rights and obligations of the Company
As a party to this contract, you undertake to:
6.2.- Rights and obligations of Turijobs
We undertake to:
7.- Cancellation policy
Below, we explain our cancellation policy for all our Services. Remember that when you make a purchase, you enter into a legally binding contract with Turijobs. Therefore, we recommend you read and make sure you fully understand our cancellation and refund policy before contracting one of our Services.
As a Company you can request the cancellation of any Service at any time. However, please note that, except in the exceptional cases indicated below, once a quote is accepted, a Service is contracted, and/or a deposit or payment is made, you acknowledge and accept that, whether or not you use our purchased Services, it is non-refundable and you must pay the full amount accrued or agreed upon as a result of the quote accepted or modality selected when purchasing a Service. All contracted Services will be available until the initial agreed term and/or any extension for your exclusive use expires or ends, except in the event that you breach our accepted terms and conditions with your contract.
What are the exceptional cases in which reimbursement is due?
You are entitled to a refund in the following situations:
As a Company, you may exercise your right of withdrawal with respect to one or more contracted Services without the need for justification or penalty, only in cases where each and every one of the following requirements is met:
To this effect, Turijobs does not accept any cancellation once a Service has been hired, regardless of the chosen contracting format, if written notification is not provided (by letter, fax, email or field enabled for this purpose in the Company profile area), within the aforementioned withdrawal period. Such notification must be signed by the authorized persons representing the Company and must be accompanied by an ID card, if applicable.
In the event of Force Majeure affecting Turijobs, we may cancel, without additional responsibility, any service not carried out pending, by means of written notification to the Company no less than ten (10) working days in advance.
In the event of total or partial reimbursement of the amounts received, we will reimburse you the amount that is applicable within a period of thirty (30) days from the termination of the contract with prior written confirmation. Please note that the agreed fee may be adapted and, therefore, the refund will be made partially in proportion to the Service actually available, developed or completed. To this end, please remember that our offers for the Services have been especially personalized for you (in any of the contract modalities) in accordance with the Services acquired and their duration. Therefore, in the aforementioned cases, taking into account that the terms initially agreed upon for contracting are affected, Turijobs will have the right to adapt and deduct from the price paid or due its usual rates for the Services carried out.
On the contrary, the partial refund will not be applied if Turijobs is unable to complete the Service due to actions and/or omissions exclusively under your responsibility. Therefore, the failure to present additional information or documents that we may request from you for the provision of the Services will not be considered a breach of the Services, and no refund will be given.
For any billing problem, you can contact us through the following email address firstname.lastname@example.org.
8.-Intellectual and industrial property
None of the statements contained in these Specific Conditions imply the assignment or transfer of any intellectual or industrial property rights owned by each party. Each of the parties expressly declares and accepts that each of the parties is the sole and exclusive owner of any intellectual property rights, designs, industrial property rights, commercial and/or business secrets, know-how or any other rights that may be used by the other party for the development of the contracted Services.
All and each one of the rights, interests and titles of Industrial and Intellectual Property with respect to the works and designs that could be created specifically by Turijobs for the Company will be yielded to it exclusively, unlimited in time and geography, whenever the Company has made the payment by the Services lent by Turijobs, with the exception of those derived from the use and development of the Website and contained tools used for the benefit of the Services, whose ownership belongs to Turijobs and/or third parties. Therefore, the provision of the Services does not imply, either directly or indirectly, any transfer of intellectual property rights of which Turijobs is the owner prior to the provision of the Services, which will be and continue to be the property of Turijobs, and it is prohibited to copy, reproduce, distribute or publicly communicate any of its elements without the express consent of Turijobs.
The improper use of any distinctive sign protected by industrial or intellectual property rights will empower its owner to terminate the contract and request the corresponding compensation for damages.
9.-Assignment and sub-contracting
The Company is not authorized to assign the rights and obligations included in this Contract to a third party without the prior written consent of Turijobs.
The Company authorizes Turijobs to subcontract any part of the Services to a third party upon prior written notice. Said communication will not be necessary for Turijobs' usual suppliers, a fact known and accepted by the Company.
All information obtained as a result of the provision of the Services is strictly confidential and the parties undertake to keep it secret and not to disclose it ("Confidential Information"). For this purpose, Confidential Information is considered to be any data obtained by virtue of the provision of the Service and, in particular, the information and data belonging to the other party and its management and operation, methods, additional services, ideas, procedures, technical, commercial or financial information to which it has access both retroactively and during the execution of the Service.
Each party shall refrain from using the other party’s Confidential Information for any purpose other than that which constitutes the object of the provision of the contracted Services, unless expressly authorized in writing by the party concerned.
The delivery of Confidential Information does not imply, under any criteria, the concession of a license to use any copyright, patent, patent rights, inventions, trademarks, rights to logos or proper names.
The obligations of confidentiality established in the present clause will remain in force during the provision of the Services and subsequently indefinitely upon the termination, for whatever reason, of the relationship between Turijobs and the Company.
Communications or replies to authorities, public officials, courts or any other legally required, as well as data that is in the public domain, has been published or can be legally obtained through other sources are expressly excluded from the obligation of confidentiality.
These Specific Conditions, and those that in relation to each one of the Services are applicabñe, will terminated by the causes admitted both in the Civil and Commercial Codes, and, specifically, by the following ones: (i) by mutual agreement between the parties expressly stated in writing and (ii) by the early termination of the Services contracted in accordance with the terms and conditions developed in these Specific Conditions. In any case, the termination of the contractual relationship will not exonerate the parties from the fulfilment of their outstanding obligations, in particular, the payment obligations assumed with the contracting of our Services.
Turijobs may withdraw or suspend at any time and without prior notice the provision of Services in the event that it considers that illegal activities are being carried out and/or that they endanger the integrity of the Website, Turijobs’ Services or fail to comply with any of the obligations assumed under the accepted Contracting Conditions.
12.- Warranties and limitation of liability
Turijobs declares that it is in possession of the proper title and that, therefore, it has sufficient authorizations in terms of industrial and intellectual property, including copyright and image rights that could correspond to all persons involved in the provision of the Services.
As a Client, you guarantee in the same way that all the material you provide does not infringe any intellectual or industrial property rights, image rights or any other rights that may be held by any third party, and may be used without limitation.
With the exception of the warranties legally established by Spanish legislation in this area, Turijobs does not grant any additional warranties to those that are required. In particular, Turijobs does not guarantee, without prejudice to the use and enjoyment that you make of the Website and our Services, that these will satisfy your needs, that they will function uninterruptedly or without error, or that any defects that may arise will be corrected. The choice, use and results are the responsibility of the Company, so no information, verbal or written advice given by Us, or given in the future, shall constitute any warranty.
To the extent and to the extent that our responsibility is determined in light of the above, Turijobs shall not be liable in any way for loss of profit (including, but not limited to, business interruption, loss of profit or savings), indirect or consequential damages or for administrative or judicial actions of any kind, in connection with the provision of the Services, against the Company or third parties who may claim from the Company. Turijobs will not also be responsible for the emerging damage and direct damages when these do not depend on Turijobs' actions or omissions exclusively.
In any case, the responsibility of Turijobs derived from the provision of the Services will be limited to the sum of all the amounts paid by the Company during the last six (6) months previous to the production of the event that caused the damage, as much for each incident as for the sum of all the incidents that occurred in this period.
13.1. Independence of the parties. - The Parties expressly declare that they act with complete independence from each other in the execution of their own business and activities. Nothing agreed in these Specific Conditions may constitute an employment, agency, commission or partnership relationship.
13.2. Waiver of rights. - The delay or omission of the Parties to exercise or claim their rights under this Agreement shall not affect such rights nor may it be construed as a waiver of the exercise of such rights or tolerance of their breach.
13.3. Single Agreement. - This Agreement and its Annexes form a single legal body, which is the only valid agreement between the Parties. Consequently, any commitment or communication, whether oral or written, made prior to the signing of this Agreement that is not expressly set forth in this Agreement or its Annexes is void and without value.
13.4. Partial validity. - When, by court order or by any other provision, any of the non-essential clauses of the Contracting Conditions is declared totally or partially invalid or ineffective, such invalidity or ineffectiveness shall not extend to the rest of the conditions provided, which shall remain in force and fully effective. To this end, it is agreed to replace any clause that becomes invalid or ineffective by another valid and effective one, trying to make the effect of the latter as similar as possible to the first one.
13.5. Non-exclusivity. - The provision of the Services is not exclusive for any of the parties, so the Company accepts that the Services may be contracted by third parties directly or in association with third parties.
13.6. Force Majeure. - None of the Parties will be responsible for any delay or failure in the provision of the Services or of their quality if these have been caused in cases of force majeure. By way of illustration, but not limitation, "Force Majeure Event" shall mean natural disasters such as earthquakes, floods, explosions, fires, riots, terrorist attacks and wars, labor disputes, actions of government entities, attacks by hackers, viruses or other types of malware or software infections, power failures and legislative changes.
When a Force Majeure Event occurs, the Party whose performance is affected must notify the other Party in writing and make every effort to resume performance as soon as possible.
To the extent that a Force Majeure Event occurs that makes performance inadvisable, illegal or impossible, the parties, with the prior written consent of both parties, may (i) negotiate and modify in an equitable manner the obligations affected, (ii) terminate performance of their obligations under this Agreement if the Force Majeure Event continues three (3) months later. However, please remember that there will be no reimbursement or cancellation of the amounts due in cases of Force Majeure as long as these do not affect Turijobs' capacity to provide the contracted Services.
13.7. Notifications. - All notifications or other communications to be made within the framework of the provision of the Services must be made in writing (sent by e-mail, certified mail with acknowledgement of receipt, facsimile, etc.), and may be addressed by Turijobs to the attention of the contact persons indicated in the request for the Service, or to those indicated as authorized contacts at a later date by the Company.
Should any discrepancy occur between the Spanish and English version of the documents, the Spanish version shall prevail.