General terms of use for companies

Job & Talent, S.L. is a company registered in Spain, domiciled in Madrid, Avenida del Doctor Federico Rubio y Galí, 5, and registered with the Commercial Registry of Madrid under volume 32,536, page 203 and sheet number M-460048, with tax identification number B-85384808 ("Job & Talent").

1. UNDERSTANDING THE TERMS

Job&Talent owns and operates the J&T online platform, which is made available via: (i) our website www.jobandtalent.co.uk (“J&T Site”); (ii) the J&T mobile phone application (“J&T Mobile App”); and (iii) the J&T desktop application (“J&T Desktop App”) (collectively, the “J&T Platform”). References in the Terms to the “J&T Platform” means access to, as the context requires, the J&T Site, the J&T Mobile App and/or the J&T Desktop App in accordance with these Terms.
These terms of use ("Terms") set out your rights and obligations when accessing or using the J&T Platform and/or Services (as defined in clause 2.1 below).
By accessing the J&T Platform and/or Services you must click the “I Accept” button in relation to these Terms and by doing so you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you must click the reject button and not access the J&T Platform and/or the Services.
When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks). We also define other words which are referenced in bold in the clauses set out below.
In these Terms, when we refer to "we", "us" or "our", we mean Job & Talent and when we refer to “you” or “your” we mean the company or legal entity that is accessing the J&T Platform and/or Services for the purposes of selecting and hiring staff made available (“Company”).
You represent and warrant that:
1. you have full legal authority to bind the Company; and
2. you agree to these Terms on behalf of the Company that you represent.
These Terms apply to users (including any Employee Users (as defined in clause 3.10 below)) of the J&T Platform and/or the Services who act on behalf of a Company.
If you have registered to use the J&T Platform as a consumer or natural person accessing the J&T Platform searching for a job then you are an “Applicant”. If you are an Applicant, these Terms do not apply to you. The terms of use applicable to Applicants are available here https://www.jobandtalent.co.uk/legal/terms-of-use-candidates.
Please note that certain services that are made available by us are governed by additional terms and conditions (as applicable), including (but not limited to):
1. the service agreements that govern the provision of personnel and associated recruitment services entered into between you and Job & Talent;
2. the agreement for the provision of certain Services entered into between you and Job & Talent;
3. the additional terms set out in clause 4 to these Terms in respect of accessing the J&T Mobile App and any other terms and conditions imposed by the app store from which you have downloaded the J&T Mobile App; and
4. any other additional specific terms and conditions that we make available to you, (together, or individually the “Additional Terms”).
These Terms apply to your use of the J&T Platform and/or Services and do not change or alter any other contract, including any Additional Terms between you and Job & Talent.
In instances of any conflict between these Terms or the relevant Additional Terms, the relevant Additional Terms shall take precedence.
In addition to clause 1.9 above, please note that we only use your personal information in accordance with our privacy policy (available https://www.jobandtalent.co.uk/legal/privacy-notice).

2. PROVISION OF THE J&T PLATFORM AND SERVICES

The J&T Platform will enable you (and your Employee Users) to perform certain actions, and receive certain services, as determined by Job & Talent (in its sole discretion) including but not limited to the following:
1. services for the selection of staff in accordance with the requirements agreed in the corresponding services agreement entered into between you and Job & Talent (as described in clause 1.9.1);
2. uploading the workers that have been hired through backoffice applications/software;
3. filtering the assigned workforce through certain KPIs (such as performance or availability);
4. request an extension of job, replace, hire directly by the Company, manage shifts or end the job of workers;
5. planning and managing the schedule of the workforce;
6. adding shifts (importing them) through back office or manually;
7. confirming attendance and whether such absence is justified;
8. creating (drafting) and publishing shifts;
9. determining if there are shifts at risk or workforce that is not being used;
10. confirming and approving the clockings of the workers;
11. rating the performance of the workers and leave comments as feedback;
12. review attendance and satisfaction rate in a particular day, as well as the cost estimation;
13. hiring of staff through local outsourcing and temporary employment agencies; and
14. access to different sections in the J&T Platform for the management of each assigned worker (including but not limited to shift management, registers of attendance, working hours, time management and performance assessments), as well as selection and hiring process, including the execution of any necessary documents for the provision of services, (together, the “Services”).
Provision of the Services is contingent upon you completing the registration process set out in clause 3 below and having in place, and in each case, in full force and effect: (i) a services agreement with Job & Talent (as described in clause 1.9.1); and/or (ii) an agreement for the provision of certain Services in place with Job & Talent (as described in clause 1.9.2).
The fees for the J&T Platform and/or access to the Services shall be calculated and payable by you in accordance with: (i) the payment terms set out in the services agreement (as described under clause 1.9.1) and/or (ii) the payment terms set out in the agreement for the provision of certain Services (as described in clause 1.9.2).
We aim to ensure that the J&T Platform is available and functional at all times. However, access to the relevant J&T Platform and/or Services may occasionally be limited due to maintenance, updates, or unforeseen technical issues and we do not guarantee that the J&T Platform and/or the relevant Services accessed on it, will always be available or uninterrupted. Access to the J&T Platform is permitted on a temporary basis. We reserve the right to suspend, modify, withdraw, discontinue or change all or any part of the J&T Platform and/or Services without notice, or where required by applicable law, notified in advance. We will not be liable to you if for any reason the J&T Platform and/or Services are unavailable, including but not limited to temporary interruptions or unavailability due to reasons beyond our control at any time or for any period, except as otherwise provided by applicable legislation. We may update the J&T Platform and/or change the content (including any Materials (as defined below)) and/or Services provided on it at any time.

3. YOUR ACCOUNT AND PASSWORD

You will need to register an account with us on the J&T Site, J&T Desktop App, or if eligible, the J&T Mobile App (as applicable) in order to use the J&T Site, J&T Desktop App or the J&T Mobile App (as applicable), including to access the Services ("Account").
In order to set up an Account, you can sign up directly using the form provided to you in the J&T Site and/or J&T Desktop App, and if you are eligible to use the J&T Mobile App you must download the J&T Mobile App (in accordance with clause 4) and follow any instructions provided to you.
If you register an Account, you will be asked to provide certain information (such as an ID or email address) and to create a password, as part of our security procedures. You may also be required to provide email addresses and any further information required by Job & Talent in respect of Employee Users (as defined in clause 3.10 below)). You must treat the password as confidential, and you must not disclose it to any third party. Once you register an Account, you will be a “Registered User”.
Upon becoming a Registered User, and subject to the relevant Additional Terms (as described in clause 2.2) being in full force and effect, Job & Talent will provide you with access to the J&T Platform and Services (as applicable).
You agree that:
1. all the information that you provide to us in connection with your Account is complete and accurate;
2. you are the person whose details you have provided; and
3. you will notify us immediately if there are any changes to the information you have provided to us.
We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and/or any Additional Terms.
If you know or suspect that anyone other than you know your Account login details, you must immediately notify us at [email protected].
You are responsible for any unauthorised use of your Account login details.
You acknowledge and agree that access to the J&T Platform and/or any Services will automatically terminate on the expiry or termination of: (i) your services agreement with Job & Talent (as described in clause 1.9.1); or (ii) the agreement for the provision of certain Services with Job & Talent (as described in clause 1.9.2).
If you register an Account, you may provide Job & Talent with a list of users and their email address (and any other information Job & Talent reasonably requires) within the Company who will be provided with access to your Account (“Employee Users”). In respect of Employee Users:
1. you are responsible for delegating rights to Employee Users within your Account and setting the relevant permissions and access rights in relation to the Employee Users rights to access the relevant parts of the J&T Platform and/or Services;
2. you will maintain a written, up to date, list of current Employee Users and provide such list to Job & Talent within 5 business days of Job & Talent’s written request at any time or times;
3. to the extent the Employee Users require any passwords to access the J&T Platform, it shall keep such passwords secure and confidential;
4. Employee Users will comply with any access requirements required by Job & Talent to access the J&T Platform;
5. [if you require any current Employee Users access to be transferred to another individual, you must provide us with full details of any new Employee User and the new Employee User will be able to obtain access, as soon as reasonably practicable. Following any reassignment, the previous Employee User will have no further access rights to the J&T Platform;]
6. if an Employee User leaves the employment or engagement of the Company or where the employment or engagement of an Employee User is transferred such that you do not intend for them to have access to the J&T Platform, you must inform Job & Talent so it can disable their access; and
7. you shall ensure that any Employee Users comply with these Terms, and to the extent applicable any Additional Terms, and you acknowledge and agree that you shall be responsible for any acts and omissions committed by Employee Users as if committed by you.

4. PROVISION OF THE J&T MOBILE APP

J&T Mobile App

If you are eligible to access and use the J&T Mobile App, including to receive the Services, the following additional terms and conditions shall apply to you, and if applicable, your Employee Users.
For the purposes of this clause 4, “Appstore Provider” means the provider of the app store through which you have downloaded the J&T Mobile App (for example, Apple is the Appstore Provider if you have downloaded the Mobile App from the Apple App Store).
You acknowledge and agree that (and procure that your Employee Users acknowledge and agree):
1. the Terms have been concluded between you and us, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the J&T Mobile App, and the Services thereon;
2. you will comply with any other terms and conditions imposed by the Appstore Provider from which you have downloaded the J&T Mobile App;
3. if you delete the J&T Mobile App, it does not mean the Services will be automatically terminated or suspended;
4. the Appstore Provider is not responsible for the J&T Mobile App, the Services, or its content;
5. the Appstore Provider has no obligation to provide any maintenance or support in respect of the J&T Mobile App. Should you have any problems, please contact [email protected]; and
6. the Appstore Provider shall not be responsible for addressing any claims that you have relating to the J&T Mobile App (including without limitation): product liability claims or any claim that the J&T Mobile App fails to conform to any applicable legal or regulatory requirement.
In the event that any third-party claims that the J&T Mobile App infringes its intellectual property rights, we (and not the Appstore Provider) shall be solely responsible for the investigation, settlement and discharge of such claim. For the avoidance of doubt, nothing in this clause 4.4 should be construed as an admission of liability in relation to any such claim.
From time to time, updates to the J&T Mobile App may be issued by the Appstore Provider through the relevant app store. Depending on the update, you may not be able to use the J&T Mobile App until you have downloaded the latest version of the J&T Mobile App and accepted any new terms.

GENERAL

You are responsible for ensuring that you (and/or your Employee Users) have and maintain all the hardware and software necessary to access the J&T Platform so that you can receive the Services. Any access fees or charges that are applicable in respect of accessing the J&T Platform and Services are solely your (and/or your Employee Users) responsibility.
The J&T Platform, the Services, Outputs and Materials are provided for general information purposes only. While we do not accept responsibility for any of the personnel’s profiles on the J&T Platform we will act diligently and in accordance with applicable law upon receiving valid notifications concerning any unlawful or harmful content, in line with the provisions set out in clause 14 below. These are not intended to amount to advice on which you (or your Employee Users) should rely on.

5. ACCEPTABLE USE

General

You agree (and shall procure that your Employee Users agree):
1. to co-operate with Job & Talent in all matters relating to the J&T Platform and/or Services;
2. not to use the J&T Platform, the Services or your Account in any way that breaches these Terms (including any Additional Terms) or any applicable local, national or international law or regulation (including in accordance with clause 16 of these Terms);
3. not to infringe our intellectual property rights or those of any third party in relation to your use of the J&T Platform, Services or Account;
4. not to use your Account for unauthorised mass-communication such as spam or junk mail;
5. not to misuse the J&T Platform by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful into the J&T Platform;
6. not to attempt to gain unauthorised access to the J&T Platform or the server on which the J&T Platform is stored, or any server, computer or database connected to the J&T Platform;
7. not to attack the J&T Platform and/or Services via a denial-of-service attack or a distributed denial-of-service attack;
8. not to use the J&T Platform and/or Services by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the J&T Platform and/or Services for use within a third-party website or application;
9. except to the extent permitted by law, not to modify, decompile or reverse engineer any software or the source code of the underlying software supplied as part of, or in connection with, the J&T Platform and/or Services;
10. not to “frame” or “mirror” any part of the J&T Platform and/or Services without our prior written consent;
11. not to execute any form of network monitoring or run a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between or with the servers of the J&T Platform and/or Services;
12. not to copy or otherwise reproduce or re-sell any part of the J&T Platform and/or Services unless expressly permitted to do so under these Terms;
13. not to rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the J&T Platform and/or Services;
14. not to make alterations or modifications of, the whole or part of any of the J&T Platform and/or Services, or permit the J&T Platform and/or Services or any part of them to be combined with, or become incorporated into, other programs;
15. not to collect or harvest any information or data from Job & Talent systems or attempt to decipher and transmission to or from the servers running the J&T Platform and/or Services;
16. not to circumvent any technical measures we use to provide and/or secure the J&T Platform and/or Services;
17. not to attempt to gain unauthorised access to our computer systems or engage activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the J&T Platform and/or Services;
18. not to copy, archive, store, reproduce, rearrange, modify, download, upload, create derivative works from, display, perform, publish, distribute, redistribute or disseminate all or any part of the J&T Platform and/or Services unless as expressly permitted pursuant to these Terms;
19. not to access the J&T Platform and/or Services for the purpose of building a product using similar ideas, functions, features, interface or graphics as those found in the J&T Platform and/or Services;
20. to hold any necessary licences, certifications and/or qualifications that are required; and
21. not to access the J&T Platform to upload any User Provided Content or computer code for the purposes of:
  1. causing a breach or override of security to the J&T Platform and/or Services;
  2. interfering with the proper working, functionality or performance of the J&T Platform and/or Services; and/or
  3. preventing others (other than Employee Users) from accessing or using the J&T Platform and/or Services.
We do not guarantee that the J&T Platform and/or Services (including any Outputs) will be totally secure, error-free or free from bugs or viruses. You (and/or your Employee Users) are responsible for configuring your information technology, computer programmes, platform and mobile device to access the J&T Platform and/or Services.

6. SUBMISSION OF USER PROVIDED CONTENT ON THE J&T PLATFORM

Job & Talent may from time to time, allow you (and/or your Employee Users) to post, upload, or otherwise make available on or through the J&T Platform and/or Services any messages, text, illustrations, files, images, graphics, photos, comments, information, content, ratings, review, data, (collectively the “ User Provided Content”). You acknowledge and agree that you are solely responsible for all User Provided Content you (and/or your Employee Users) submit, provide or upload.
You agree (and procure that your Employee Users agree) that by uploading or otherwise providing any User Provided Content on or through the J&T Platform and/or Services, you (and/or your Employee Users) grant to Job & Talent a perpetual, worldwide, non-exclusive, royalty-free licence to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicence, display, publicly perform, transmit, publish, broadcast, translate, make derivative works, and otherwise use and exploit in any manner whatsoever, all or any portion of such User Provided Content (including any derivative works thereof), in connection with providing the J&T Platform and/or Services to you (and/or your Employee Users). This licence includes the right to host, index, configure, modify, reformat, edit, adapt, publish, combine, cache or otherwise format the User Provided Content in order to provide the Services (including any Outputs) or in combination with any other materials.
You represent and warrant that you (and/or your Employee Users) own the User Provided Content and have the necessary licences, rights, consents and permissions to grant the licence herein and that its provision to Job & Talent will not breach any copyright, privacy rights, publicity rights, trademark rights, or any other intellectual property rights of any person or entity.
You agree (and shall procure that your Employee Users agree) that you (and/or your Employee Users) will not publish or make available any User Provided Content that:
1. contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt or destroy or limit the functionality of any computer software, hardware or telecommunications equipment, including to the J&T Platform;
2. is misleading, deceptive, fraudulent or otherwise illegal;
3. is libellous or defamatory;
4. is in any way threatening, harmful, frightening, abusive, bullying, harassing or malicious to any person or entity;
5. is inaccurate or incomplete;
6. promotes or condones terrorism, violence or illegal behaviour of any kind (including but not limited to engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes);
7. is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by us;
8. is invasive of another’s privacy;
9. impersonates a Job & Talent employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity;
10. interferes or attempts to interfere with the proper working of the J&T Platform and/or Services or prevents or negatively affects other’s ability to use the J&T Platform and/or Services;
11. uses any manual or automated means, including agents, robots, scripts or spiders to monitor or copy the J&T Platform and/or Services or the content contained therein;
12. includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Provided Content transmitted through the J&T Platform and/or Services;
13. constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
14. requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the J&T Platform and/or Services (including any Employee Users) for the purpose of automating logins to the J&T Platform;
15. facilitates the unlawful distribution of copyrighted User Provided Content;
16. collects, uses or discloses data, including personal information about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations; and
17. contains obscene, offensive, adult or pornographic material.
Your (and/or your Employee Users) User Provided Content will be treated as non-confidential and non-proprietary.
You acknowledge and agree (and procure that your Employee Users acknowledge and agree) that the User Provided Content may be disclosed to other users in accordance with the selected privacy setting, utilised features and general functionality of the Services, and as such, may be accessible to others.
You (and/or your Employee Users) must consent to monitoring of User Provided Content. Whilst we have no obligation to monitor, moderate or vet the User Provided Content, we reserve the right to do so.
We may at any time, without prior notice, remove or require you (and/or your Employee Users) to remove User Provided Content and take appropriate measures regarding illegal content or content that violates these Terms, whether detected by us or reported by users. Additionally, we may disclose any information necessary or deemed appropriate by us to satisfy our legal obligations.
We provide an easily accessible mechanism for any natural or legal person to report the presence of content they consider to be unlawful on the J&T Platform. If you (and/or your Employee Users) would like to flag any User Provided Content that you believe to be unacceptable, please contact us at [email protected]. Notifications must include sufficient information to identify the specific content and the reasons why it is considered unlawful or unacceptable.

7. THIRD PARTY WEBSITES

The J&T Platform may feature links or integrate to other websites, apps or resources on the internet (“Third-Party Website”). Any Third-Party Websites are not under Job & Talent’s control, and you (and/or your Employee Users) acknowledge that Job & Talent is not responsible or liable for any Third-Party Websites or any third-party content thereon.
The inclusion or integration with any Third-Party Websites does not imply endorsement by Job & Talent or any association with its operators.
You (and/or your Employee Users) further acknowledge and agree that Job & Talent will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such Third-Party Website available or through any website or resource. Use of Third-Party Websites is solely at your (and/or your Employee Users) own risk.

8. INTELLECTUAL PROPERTY

All material and services provided by Job & Talent, including but not limited to any documents, data, images, software, software documentation, data or any other materials (“Materials”), and the J&T Platform and Services are owned by Job & Talent, its licensors and/or certain third parties. The Materials, J&T Platform and Services are protected by intellectual property rights laws and treaties around the world. All such rights are reserved.
You (and/or your Employee Users) are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms.
Subject to your compliance with these Terms and any Additional Terms, and strictly for the period you are a Registered User, we grant you (and/or if required, your Employee Users) a non-transferable, non-sublicensable, non-exclusive, revocable, worldwide, royalty free and fully paid up limited licence to access and use the Materials that we make available to you (and/or your Employee Users) solely for the purposes of accessing the J&T Platform and to receive the Services.
We may revoke or terminate the licence if you (and/or your Employee Users): (i) breach these Terms; (ii) any Additional Terms; or (iii) at our discretion without notice or liability.
No part of the J&T Platform, Services or Materials, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent (or consent from relevant third party owners) or as expressly permitted under these Terms.
Any communications or materials you (and/or your Employee Users) send to us through the J&T Platform and/or Services by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
You (and /or your Employee Users) will own any User Provided Content and any Outputs, subject to any pre-existing rights that third parties may have in the User Provided Content and any Outputs.
You (and/or your Employee Users) grant to Job & Talent a perpetual, worldwide, non-exclusive, royalty-free licence to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicence, display, publicly perform, transmit, publish, broadcast, translate, make derivative works, and otherwise use and exploit in any manner whatsoever, all or any portion of such Outputs (including any derivative works thereof) for any business purposes.

9. WARRANTIES

You warrant and undertake that:
1. you are free to enter into these Terms and to perform the obligations imposed on you hereunder;
2. you shall comply (and procure that your Employee Users comply) with these Terms and Additional Terms and all applicable law in relation to the exercise of your rights and fulfilment of your obligations under these Terms and Additional Terms (including in accordance with clause 16 of these Terms);
3. you own, or have a licence (and/or your Employee Users own or have a licence) to use all rights (including intellectual property rights) in the User Provided Content; and
4. the use by Job & Talent of any User Provided Content in accordance with these Terms shall not infringe the rights, including the intellectual property rights, of any third-party.
The J&T Platform and Services (including any Outputs) are provided on an "as is" basis. The express terms and conditions of these Terms will apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations implied by statute, common law, custom, trade usage or otherwise (including implied undertakings of satisfactory quality and fitness for purpose), all of which are excluded to the fullest extent permitted by law.

10. LIABILITY

Nothing in these Terms excludes or limits our liability for:
1. death or personal injury caused by our negligence;
2. wilful default or wilful misconduct;
3. gross negligence;
4. fraud or fraudulent misrepresentation; and
5. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
Subject to clause 10.1, and to the extent permitted under the applicable law:
1. in no event shall we be liable to you for any loss of profits, loss of revenue, loss of corrupted data, damage to goodwill, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise; and
2. our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to 100% of the fees paid or payable under the relevant services agreement between you and Job & Talent (as described in clause 1.9.1 or 1.9.2).
You agree to indemnify, defend, and hold harmless Job & Talent and its affiliates, officers, directors, and employees (together the “Indemnified Parties”), in respect of any demand, loss, damage, cost, expense or liability (including all legal and other professional costs on a full indemnity basis) suffered or incurred by the Indemnified Parties as a result of: (i) any breach of these Terms and/or Additional Terms by you (or your Employee Users); (ii) your (or your Employee Users) misuse of the J&T Platform, Services, User Provided Content and any Output, including without limitation your Account, any User Provided Content you (and/or your Employee Users) make available through the J&T Platform and/or Services; and (iii) any claim that the User Provided Content infringes any rights of a third-party (including any intellectual property rights).
Job & Talent reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate with Job & Talent in defence of these claims. You agree not to settle any matter without the prior written consent of Job & Talent. Job & Talent will use reasonable efforts to notify you of any such claims upon becoming aware of it.

11. SUSPENSION AND TERMINATION

If you (and/or your Employee Users) breach any of these Terms and/or any other Additional Terms, we may immediately do any or all of the following (without limitation):
1. issue a warning to you;
2. temporarily or permanently remove any User Provided Content uploaded by you (and/or your Employee Users) to the J&T Platform;
3. temporarily or permanently remove any Outputs available to you on the J&T Platform;
4. temporarily or permanently withdraw your right (and/or your Employee Users rights) to use the J&T Platform and/or Services;
5. suspend or terminate your Account;
6. issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
7. take further legal action against you; and/or
8. disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
These Terms shall automatically terminate on the termination or expiry of the relevant services agreement (as described in clause 1.9.1) or the agreement for the provision of the Services (as described in clause 1.9.2), and following such termination, you must delete your Account and cease (and ensure your Employee Users cease) to use the J&T Platform and Services.
On termination or suspension by us, you (and/or your Employee Users) will not be permitted to use the J&T Platform and/or Services, and you (and/or your Employee Users) should stop using the J&T Platform and/or Services immediately. The provisions of these Terms and any Additional Terms which by their nature should survive suspension or termination will survive, including any perpetual licences you have granted to us pursuant to these Terms.

12. CHANGES TO THESE TERMS

We may make changes to these Terms, Additional Terms and/or the Privacy Policy from time to time and we will inform Registered Users of any changes (for example, via e-mail or through the J&T Platform). Please check (and ensure your Employee Users check) these Terms, Additional Terms and/or the Privacy Policy regularly to ensure that you (and/or your Employee Users) understand the Terms, Additional Terms and/or the Privacy Policy that apply at the time that you (and/or your Employee Users) access and use the J&T Platform and/or Services. We will also provide you (and/or your Employee Users) with notice of the proposed amendment by posting an amended version of the Terms, Additional Terms and/or Privacy Policy with a new “last updated” date.

13. OTHER IMPORTANT INFORMATION

Force Majeure. We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network or the internet, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.
Entire Agreement. These Terms are the entire agreement between us related to the subject matter in these Terms. These Terms replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written.
No Waiver. The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms or by law shall not constitute a waiver of that right, power or remedy. If a party waives a breach of any provision of these Terms, this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
Rights and Remedies. Except as expressly provided in these Terms, the rights and remedies provided under these Terms, are in addition to, and not exclusive of, any rights or remedies provided by law.
Severance. If any provision, or part of a provision, of these Terms is found by any court or authority of competent jurisdiction to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms, and the legality, validity or enforceability of the remainder of the provisions of these Terms shall not be affected, unless otherwise required by operation of applicable law. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Assignment. You shall not, without the prior written consent of us assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms. We may, at any time, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms. You shall enter into any further agreements reasonably required by us to give effect to any of the above.
Relationship of the Parties. Nothing in these Terms are intended to, or shall be deemed to, establish or constitute any partnership or joint venture between any of the parties, create a relationship of principal and agent for any purpose between the parties, or authorise either party to make or enter into any commitments for or on behalf of the other party.
Notices. Where we need to send you notices under these Terms or in connection with your use of the J&T Platform and/or Services, you acknowledge and agree to receive emails from us. All notices in relation to legal proceedings must be sent to the address indicated first above and is not valid if only sent by email.

14. INTERNAL CLAIM HANDLING SYSTEM

Regarding decisions made concerning content or services on the J&T Platform, Job & Talent provides users —including individuals or entities who have submitted a notification— with access to an internal claim handling system to challenge such decisions. Claims may be submitted within six (6) months from the date Job & Talent notifies the decision.
Access to Job & Talent’s Internal Claim Handling System is available via [*].
Claims submitted through this system will be reviewed and resolved by a Committee established for this purpose. This Committee will be composed of Customer Service personnel who can provide additional information regarding any previous relations with the user about the complaint, Job & Talent’s Legal Department, as well as external advice provided by an independent third party.
Claims received will be handled without undue delay and in a non-discriminatory, diligent, and non-arbitrary manner. Job & Talent will communicate the reasoned decision regarding the complaint to the complainants and inform them of their right to access an out-of-court dispute resolution system.

15. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with Spanish law
Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the Spanish courts of Madrid city.

16. COMPLIANCE

You acknowledge and agree (and procure that your Employee Users acknowledge and agree) to use the J&T Platform and any Services on it in compliance with applicable laws and regulations, including those relating to employment, labour rights, data protection, anti-discrimination and anti-corruption. You shall not (and/or your Employee Users shall not) use the J&T Platform and/or Services to engage in or promote any unlawful, unethical or improper conduct. Job & Talent may suspend or terminate access to the J&T Platform, Services and/or your Account in case of breach of this clause 16.
To the extent applicable to the provision of the J&T Platform and Services, Job & Talent shall perform its obligations under this Agreement, in accordance with any AI Regulation.
For the purposes of this clause 16, “AI Regulation” means any applicable law, whether general or sectoral, laying down rules on the development, deployment and/or use of artificial intelligence systems, models and/or software, including Regulation (EU) 2024/1689 (“EU AI Act”).

17. USE OF AI IN J&T’S PLATFORM

You acknowledge and agree (and procure that your Employee Users acknowledge and agree) that:
1. Job & Talent uses AI Systems (as defined below) to provide certain Services, which may include but is not limited to automated algorithms and AI based tools to analyse User Provided Content;
2. the J&T Platform includes functionality which uses AI Systems;
3. Job & Talent may use AI Systems to generate or create documentation, information, data, content materials and other outputs (“Outputs”) as part of the Services or from your use of the J&T Platform;
4. Outputs may have been artificially generated or manipulated;
5. Job & Talent does not warrant or guarantee that any use of the Services or any Output are correct, accurate, reliable, error-free or free from any bias or hallucinations;
6. you are required to evaluate the Services, including any Outputs from the Services, for accuracy and appropriateness, including using human review; and
7. you shall not use the Services in combination with any Prohibited AI Practices (as defined below).
For the purposes of this clause 17:
1. “AI System” shall mean means a machine-based system designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments; and
2. “Prohibited Practices” shall mean the prohibited AI activities as defined in Article 5 of the EU AI Act.

18. PHISHING AND FRAUDLENT COMMUNICATIONS

Phishing and other fraudulent acts of identity theft occur when third parties impersonate Job & Talent personnel or pretend to be Job & Talent (or another trusted entity) by fraudulently using email or other electronic means to deceive you (and/or your Employee Users) into disclosing personal data.
To protect yourself (and/or your Employee Users), please observe the following:
1. Job & Talent will only send official communications from email addresses ending in “[*] @jobandtalent.com”;
2. Job & Talent will never request, by email or telephone, your (and/or your Employee Users) personal access credentials (username, password, PIN) for the Job & Talent Platform or any related Services; and
3. Job & Talent will never ask you (and/or your Employee Users), by email or telephone, to provide a copy of your (and/or your Employee Users) national identity document (DNI, NIE, passport) or any banking information (account numbers, card details, IBAN).
Do not click on links, download attachments, or enter login details on any website unless you (and/or your Employee Users) have confirmed its URL is “jobandtalent.com” (or another official Job & Talent domain) and you initiated the request.
If you (and/or your Employee Users) receive any message purporting to be from Job & Talent that you did not expect or that requests personal information, do not reply or interact with it. Instead, forward the message (including full header information) to [email protected] and delete it from your inbox.
Job & Talent reserves the right to investigate any suspected phishing or fraud and, where appropriate, to report incidents to the relevant authorities.
By using the Job & Talent Platform and associated Services, you (and/or your Employee Users) acknowledge that you have read and understood these anti-phishing measures and agree to follow them to protect your personal data and account security.

19. CONTACTING US

Should you (and/or your Employee Users) have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. (and/or your Employee Users) You can always contact us by [email protected].

Thank you.

Terms last updated 7 October 2025