Version: 1.0
Update date: 01/02/2023
Welcome to Mafra Talents! By using our services, you agree to our Terms of Use (TOU). We are Mafra Talents, and we will guide you through the terms of this agreement.
By accessing our services, you agree to the terms of this TOU, as well as all other provisions, including our privacy policy and data processing agreement. If you do not agree to these terms, please do not use our services.
By accepting these terms, you also warrant that you are 18 years of age or older, that you have the legal capacity to bind yourself or the company you represent, and that you have provided Mafra Talents with all information necessary to enable us to offer you our services. Capitalized terms are defined below.
This agreement applies to all registered users of our services, including candidates seeking employment and companies in the recruitment phase. Whether you’re looking for new opportunities or recruiting talent, we’re here for you. If you establish a relationship with a candidate working in a different country from where your office is located, local geographical conditions will apply. Stay tuned to find out more about the terms and conditions of our services.
To take advantage of Our Services, you must register by creating a customer account. By registering, you agree to provide current and accurate information about yourself and to update it regularly. If Mafra Talents suspects that your registration information is incorrect, out of date or incomplete, we reserve the right to suspend or terminate your account and deny you access to Our Services. Please note that you are not authorized to:
We reserve the right to accept or decline your registration for our services. If we accept your registration, you will be able to access our services.
You are responsible for maintaining the confidentiality of your password and account. If you become aware of any unauthorized access to your account or any other breach of security, you must notify us immediately. We will not be liable for any loss or damage arising from your breach of this clause.
To take advantage of our Services, you must be responsible for your use and the use made of your account, including by third parties. Unauthorized use of the Services is prohibited. By using our Services, you agree not to:
Your access to our Services is subject to your commitment to act in a professional manner.
You may authorize third-party agents to use the Service on your behalf in order to provide you with quality services. By granting this authorization, you accept full responsibility for the actions of your agents, and any breach of our terms of use by them will be deemed to have been committed by you.
With Mafra Talents, you have access to third-party services to offer you additional opportunities, such as job offers, messaging or telephone exchanges, and other offers outside our network. These third-party services are provided without warranty and are your responsibility. It is up to you to decide whether or not to access them. Please be sure to check the terms and conditions and privacy policies before using any third-party service, as you may be giving the operator permission to use your information on different terms than those you have agreed to with Mafra Talents. We reserve the right to suspend third-party services at any time, and Mafra Talents does not endorse any of the content, features, advertising, products or other materials available on such third-party services and disclaims any responsibility for them.
By using our services, you agree to share any information you upload, transmit or submit via our services (referred to as “Content”) with other users. By submitting such Content, you represent and warrant that you have all the rights to such Content or that you have permission to grant us the license described below. You also warrant that such content does not infringe the rights of third parties, such as intellectual property rights, privacy, personality or any other rights defined by law.
We have no legal obligation to review content posted by our users, but we reserve the right to do so without notice in order to prevent or correct any alleged violation of this agreement or any applicable law. We also reserve the right to assert any and all defenses available at law.
We may refuse to post, remove or delete content at any time. You acknowledge that Mafra Talents is not responsible for the accuracy, usefulness or safety of the Content and is not responsible for any intellectual property rights in the Content. You also understand that you may be exposed to content that is inaccurate, offensive, indecent or objectionable and agree to waive any rights or remedies you may have against Mafra Talents as a result.
You retain all rights to your Content uploaded or created through our Services. By registering, you grant us a royalty-free, worldwide, worldwide, transferable license to display, modify, publicly perform, distribute, store, transmit, reproduce your Content, logos, service marks, trademarks and trade names in connection with our Services, including to develop and improve our Services. You waive all moral rights and agree never to assert them. We may also display advertisements in connection with your Content.
Mafra Talents disclaims any responsibility for :
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL MAFRA TALENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR THE SERVICE, EVEN IF MAFRA TALENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES OR PERSONAL OR EMOTIONAL INJURY ARISING OUT OF THIS AGREEMENT OR ANY COMMUNICATION, INTERACTION OR ENCOUNTER WITH OTHER USERS OF THE SITE OR SERVICE, IRRESPECTIVE OF THE BASIS OF LIABILITY INVOKED (INCLUDING CONTRACTUAL OR TORTIOUS LIABILITY, IN PARTICULAR IN THE CASE OF NEGLIGENCE, OR LIABILITY OF ANY OTHER NATURE), AND IN CONNECTION WITH OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SITE AND/OR SERVICES; (2) STATEMENTS MADE BY A THIRD PARTY ABOUT THE SERVICES OR THE CONDUCT OF A THIRD PARTY IN CONNECTION WITH THE SERVICES; OR (3) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAFRA TALENTS’ LIABILITY TO ANY USER (REGARDLESS OF THE BASIS OF LIABILITY ASSERTED, INCLUDING LIABILITY IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR LIABILITY OF ANY OTHER NATURE) EXCEED THE GREATER OF: (1) THE TOTAL AMOUNT OWED BY THE USER TO MAFRA TALENTS OVER THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
THE LIMITATIONS PROVIDED FOR IN THIS ARTICLE SHALL NOT APPLY IN CASES WHERE THE LAW DOES NOT PROVIDE FOR THE EXCLUSION OR LIMITATION OF LIABILITY.
In no event will our team or our partners be liable for any claims arising from this agreement. You have 12 months after the occurrence of an event to make a claim or bring an action under this agreement.
Protecting your confidential information. All non-public information that we share with you as part of our Service is considered confidential. This includes login credentials and all information related to our services. Please note that your confidential information does not include your content.
Protect your confidential information by sharing it only in accordance with the terms of this Agreement. We undertake to reveal such information only to those who need to know it in order to carry out their work, and who share the same obligation of confidentiality as described in this Agreement.
Confidential information is used only to meet the terms of this contract and fulfill our obligations. We will only share it with those people who need it to carry out this contract and who are themselves bound by confidentiality. However, certain exceptions apply. If such information is already known, has been provided by an authorized third party, has become public, or has been developed independently without access to confidential information, it is not subject to confidentiality obligations. Where required by law, we will inform the other party and take all reasonable steps to limit the scope of disclosure.
You agree to maintain the confidentiality of all information obtained from our site. In addition, you agree to:
(1) respect privacy and data protection laws when using information provided by candidates and customers;
(2) never reveal the identity of any candidate;
(3) take reasonable steps to protect information obtained through our site and service from loss, misuse, unauthorized access, disclosure, alteration or destruction.
You also agree not to publish, publicize or disseminate any job offers or service opportunities of which you become aware via our site or service.”
Mafra Talents’ Services, including logos, distinctive features, trademarks and graphics, are protected by U.S. and international copyright and intellectual property laws. Mafra Talents owns all rights to the Services. You agree not to use, reproduce or distribute any content forming part of the Services unless authorized to do so by the Terms of Use.
THE SERVICES ARE PROVIDED TO YOU “AS IS”. THE MAFRA TALENTS PARTIES EXPRESSLY EXCLUDE ALL IMPLIED WARRANTIES AND CONDITIONS SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THE MAFRA TALENTS PARTIES MAKE NO WARRANTY (1) THAT THE SERVICES WILL MEET YOUR EXPECTATIONS; (2) THAT YOU WILL BE ABLE TO USE THE SITE AND/OR THE SERVICE UNINTERRUPTED, SECURE OR ERROR-FREE; (3) THAT THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR DEALINGS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND/OR THE SERVICE. YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY COMMUNICATION SENT VIA THE SERVICE MAY BE VIEWED BY THIRD PARTIES AND WILL BE TREATED AS CONFIDENTIAL AND NON-CONFIDENTIAL AND WILL BE ENGAGED WITHOUT ANY RESPONSIBILITY, CONTROL OR LIABILITY FOR THE CONTENT OF SUCH MESSAGES, SUCH MEANS, LIABILITIES OR RECIPIENTS CHOSEN BY THE SENDER, WHETHER SENT VIA THE SERVICE, OR VIA YOUR PREFERRED E-MAIL SERVICE.
You agree to protect Mafra Talents and its related parties from any and all claims or lawsuits brought by any third party. You are required to indemnify them, including paying reasonable attorneys’ fees, court costs, settlement agreements and any other disbursements that may be incurred due to: (a) your Content, (b) your use of and access to the Service, (c) a breach by you of this Agreement, (d) a breach by you of any laws, rules or regulations or any rights of third parties, (e) your use of any Services provided by a third party provider, and (f) any allegations that Mafra Talents and the Customer are the joint employers of any candidate who has been hired by a Customer via the Services. You are not authorized to settle any claim of infringement or copyright infringement without our prior written consent.
We are not responsible for any failure or delay in the performance of our services due to events beyond our control.
The invalidity of any provision of this agreement shall not affect the validity of the remaining provisions. In the event of any conflict between the terms of this agreement, Mafra Talents alone shall determine which provision shall prevail. Section titles are provided for information purposes only.
We reserve the right to exercise all rights available to us under applicable law. Any waiver by us of any of our conditions shall not be deemed a continuing waiver of the right to assert them again in similar or different situations in the future.
We may choose to suspend, discontinue or terminate your account without notice at our discretion. However, we will do our best to provide you with an explanation in a timely manner. If you fail to comply with the terms of this Agreement, we will notify you in writing and give you 30 days to remedy the situation. If you do not take action, we may terminate this Agreement. If you wish to terminate the Agreement, you may do so at any time by notifying us in writing. This may result in the immediate removal of portions of your content.
Mafra Talents will not be liable for any suspension, discontinuance or termination of your account. The terms of this Agreement regarding intellectual property, compensation, warranty disclaimers, indemnification obligations and limitations of liability shall survive termination of this Agreement.
You may not transfer your rights and obligations under this Agreement without the prior approval of Mafra Talents.
By accepting our Services, you authorize Mafra Talents to send you notifications and messages using the contact information you have provided. It is up to you to provide us with your most recent e-mail address. If you have given us an invalid e-mail address or if it cannot receive notifications from Mafra Talents, the sending of these will be considered as a valid and effective notification.
Communications between you and Mafra Talents regarding the Services may be made by e-mail or other electronic means. By using our Services, you agree to receive communications from us electronically and acknowledge that the terms, conditions and other information transmitted in this manner meet all legal requirements, just as if they were transmitted in writing.
IT IS IMPORTANT TO NOTE THAT MAFRA TALENTS MAY MODIFY THIS AGREEMENT AT ANY TIME AND AT ITS SOLE DISCRETION.
In case of modification, we will publish the new version online on our website or via our Services. We will also update the “Last Updated” date on the front page. If the changes are significant, we will also notify you by e-mail or via our Services, if you have registered to use our Services. New changes will take effect immediately for new users and thirty (30) days after publication online for existing users. Mafra Talents may ask you to accept the new terms. If you do not agree to these changes, you agree to stop using our Services. Your continued use of our Services will be deemed your acceptance of such changes.
PLEASE CHECK OUR SERVICES REGULARLY FOR CURRENT TERMS AND CONDITIONS.
Mafra Talents may designate certain features as a test service (referred to as “Beta Service”). If so, you will be able to use this service for a period determined by Mafra Talents and according to its current pricing. REGARDLESS OF ANY CONTRACT OR AGREEMENT YOU MAY HAVE ENTERED INTO DIRECTLY WITH MAFRA TALENTS, YOUR USE OF THE BETA SERVICE WILL BE GOVERNED BY MAFRA TALENTS’ CURRENT TERMS OF USE AND PRIVACY POLICY. THE BETA SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY, REFUND OR COMPENSATION OF ANY KIND FROM MAFRA TALENTS.
Mafra Talents reserves the right to terminate, modify or commence billing for a Beta Service at any time, at its sole discretion.
Once the Customer has successfully completed the registration process, he will have access to the Candidate profiles provided by Mafra Talents. They will then be able to communicate with these Candidates and submit informal interview requests. IT IS IMPORTANT TO NOTE THAT MAFRA TALENTS DOES NOT VERIFY USERS’ EXPERIENCE OR STATEMENTS. HOWEVER, MAFRA TALENTS RESERVES THE RIGHT TO VERIFY A USER’S BACKGROUND AT ANY TIME USING PUBLICLY AVAILABLE INFORMATION. AS A CUSTOMER, YOU UNDERTAKE TO CHECK A CANDIDATE’S EXPERIENCE, REFERENCES AND BACKGROUND BEFORE CONTACTING THEM, AND TO COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO ANY CONTRACT WITH THAT CANDIDATE.
Once a Customer receives a candidate’s CV or profile from Mafra Talents, the Customer agrees to communicate only with the candidate through the Mafra Talents Service during the Application phase. However, during the recruitment phase, the Client and the candidate may use other means of communication. The Customer who has identified a candidate via the Site or the Mafra Talents Service undertakes not to bypass the latter by attempting to communicate directly with the candidate or to recruit him/her by other means.
For the purposes of this agreement, “Remuneration” refers to Mafra Talents’ current rates for employment proposals, including employee contracts and provider contracts. The Customer agrees to pay the Remuneration billed to the Customer’s account in accordance with the fees, rates and billing terms in effect at the time the Remuneration is due.
IF YOU HAVE ANY OBJECTION TO ANY PROVISION OF THIS AGREEMENT, PLEASE CLOSE YOUR ACCOUNT AND STOP USING MAFRA TALENTS SERVICES. YOUR OBLIGATION TO PAY COMPENSATION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
As a Client, you agree to follow the following instructions regarding the Hiring Proposals you will enter into with candidates found through Mafra Talents:
Please note that your obligation to pay the remuneration invoiced by Mafra Talents will continue even after the termination or expiration of this Agreement.
The Customer shall pay all fees and charges related to the use of the Mafra Talents Services, such as the Hiring Proposal Fee or the Mafra Talents Service Subscription Fee, within thirty (30) days of the date indicated on each invoice sent by Mafra Talents. If the Customer fails to pay the remuneration for the Hiring Proposals, the Service Subscription Fees or any other amount due by the Customer for the use of the Services beyond ten (10) days of the thirty (30) day mandatory payment period previously mentioned, Mafra Talents may, considering its prejudice in good faith, claim a late payment penalty of five percent (5%) of the amount of the unpaid invoice for each full month or part of a month unpaid, or the corresponding minimum amount allowed by law.
This penalty will be calculated from the due date of the invoice until it is paid.
Customers who subscribe to a contract with Mafra Talents may have the opportunity to purchase professional recruitment services for candidates recruited through the Mafra Talents site on behalf of the customer. Professional services are independent contractual relationships between Mafra Talents, Mafra Talents and the client. The number of hours of Professional Services performed by Mafra Talents will be set forth in an applicable Subscription Agreement. Mafra Talents will perform the Professional Services in a reasonable manner, but the Client acknowledges that all final decisions regarding applications, hiring or otherwise are made solely by the Client and Mafra Talents is not responsible for such decisions. Mafra Talents makes no representations, warranties or guarantees as to the Professional Services, the candidates provided or the final hiring decisions made by the Client.
The Professional Services offered by Mafra Talents to Clients are recruitment services for which Clients may have the opportunity to purchase from Mafra Talents for candidates recruited through the Mafra Talents site. Professional Services are separate contractual relationships between Mafra Talents, the professional services provider and the Customer. Mafra Talents will perform a number of hours of Professional Services defined in an applicable Subscription Agreement, using reasonable judgment. However, the Customer is solely responsible for all final decisions regarding candidates, hires or employment, and Mafra Talents is not responsible for such decisions.
Professional Services may not be terminated early by the Client, and it is the Client’s responsibility to interact with Mafra Talents to discuss Professional Services, candidates and labor management during the term of such Services. Mafra Talents disclaims all liability for actions taken by Mafra Talents in connection with the Professional Services, and the Customer understands and agrees that Mafra Talents is solely responsible for its actions in connection with the Professional Services.
The Customer and the Candidate are responsible for any contracts or agreements they may enter into in connection with the Professional Services. Mafra Talents has no control over the determination of the Candidate’s status as an independent contractor or employee, any subsequent contracts or agreements entered into between the Customer and the Candidate, or any services provided or payments made by the Customer for the Services of an independent contractor. The Customer and the Candidate explicitly acknowledge that no partnership, association, employment or agency relationship exists between them and Mafra Talents as a result of this Agreement or the use of the Service, and that Mafra Talents is not a joint employer for the purposes of this Agreement.
The Customer and the Candidate are responsible for the proper determination of the Candidates’ classification as independent contractors or employees, based on applicable laws and regulations. They are also responsible for making the appropriate tax returns and paying all necessary taxes to national and local governments, for any contract or provision of services. Mafra Talents has no control over the manner in which work or services are performed, the means used to accomplish them, or the conditions under which they are performed.
In addition to their indemnification obligations, the Client and Candidate agree to hold Mafra Talents harmless from and defend it against any and all actions, claims, damages, liabilities, costs and expenses that may arise from their contractual engagement. This includes any breach by the Candidate of its obligations and warranties, as well as the consequences arising from any misclassification of the Candidate as an independent service provider or employee. If a court or public authority concludes that the Candidate has been misclassified, the Client and the Candidate shall also be obliged to defend Mafra Talents.
Furthermore, the Client and the Candidate are solely responsible for all tax declarations and payments to local or national tax authorities. They are also required to hold Mafra Talents harmless for any actions related to violations of labor laws such as discrimination in the workplace, dismissals, overtime, paid leave, social security contributions, etc.
Finally, it is clearly established that Mafra Talents is not a joint employer for the purposes of the Agreement, and that there is no employment relationship, partnership, mandate or joint venture between the Client, the Candidate and Mafra Talents.