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.com (“J&T Site”); and (ii) the J&T mobile phone application (“J&T Mobile App”) (collectively, the “J&T Platform”). References in the Terms (as defined in clause 1.2 below) to the “J&T Platform” means access to, as the context requires, the J&T Site and/or the J&T Mobile App in accordance with these Terms.
These terms of use ("Terms") set out your rights and obligations only when accessing and/or using the J&T Platform and/or Services (as defined in clause 2.1 below). By accessing:
the J&T Site and/or using the Services (as defined in clause 2.1 below) you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you must not access the J&T Site, and you must not use the J&T Site;
the J&T Mobile App and/or the Services (as defined in clause 2.1 below), you must click the “I Accept” button in relation to these Terms and by doing so you agree to accept and be bound by these Terms. If you do not wish to be bound by these Terms, you must click “Reject” in the J&T Mobile App, and you must not use the J&T Mobile App.
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 you, the consumer or user natural person accessing the J&T Platform searching for a job (“Applicant”).
You represent and warrant that:
you have full legal authority; and
you agree to these Terms.
These Terms apply to users of the J&T Platform and/or Services who are an Applicant.
If you have accessed or registered to use the J&T Platform as a company or legal entity for the purpose of selecting and hiring staff made available, then you are a “Company”. If you are a Company, these Terms do not apply to you. The terms of use applicable to Companies are available here https://www.jobandtalent.com/legal/terms-of-use-companies.
Please note that certain services that are made available by us are governed by additional terms and conditions (as applicable), including:
the employment agreements governing the engagement of you as a worker and associated recruitment services, including any other associated documentation, entered into between you and Job & Talent;
the earned wage access agreement between you and Job & Talent;
the personal accident insurance policy between you and Job & Talent;
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
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 1.8 above, please note that we only use your personal information in accordance with our privacy policy (available https://www.jobandtalent.com/legal/privacy-notice).
2. PROVISION OF THE J&T PLATFORM AND SERVICES
The J&T Platform will enable you to perform and receive the following actions, and services, as determined by Job & Talent :
tools to facilitate job search management;
customisable home page in the private menu of the J&T Platform;
algorithmic recommendations by Job & Talent of job offers that match your professional profile;
algorithmic recommendations by Job & Talent of your profile to Companies if it matches the Companies’ requirements;
automatic and free offers displayed on the J&T Platform and notification of possible job offers;
promotional email communications related to the recruitment and training sector;
option of sharing the job offer with third parties;
clocking the shift and registering breaks;
early wages access;
[possible hiring and subscription of a bank account and a debit card through a partner of Job & Talent where the Applicant would receive the payslips];
labour documentation management (access to relevant documentation such as labour agreement and payslips);
possible signing of Additional Terms; and
additional services, which are available from time to time at Job & Talent’s discretion, including but not limited to advice, training professional contact networks, forums and access to news. (together, the “Services”).
We aim to ensure that the J&T Platform is available and functional at all times. However, access to the 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, or the relevant Services accessed on it, will always be available or be uninterrupted. Access to the relevant J&T Platform and/or Services 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 shall 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. This clause does not affect your rights as a consumer under Spanish law, including your right to receive Services of satisfactory quality and as described.
The J&T Platform is provided free of charge. However, if you receive any earned wage access services, the provision of such services to you by Job & Talent shall be governed by the relevant earned wage access agreement (as described in clause 1.8.2) and any applicable fees shall be payable in accordance with the terms of that agreement.
Subject to any applicable fees that are payable for any earned wage access services (as described in clause 2.3 above), if you have any information regarding anyone being charged for the J&T Platform by Job & Talent or being asked for money or gifts, please notify us immediately on [email protected].
Job & Talent collects professional references from Companies that have hired Applicants through the J&T Mobile App.
3. YOUR ACCOUNT AND PASSWORD FOR THE J&T MOBILE APP
You will need to register an account with us on the J&T Mobile App in order to use the J&T Mobile App, including to access the Services ("Account"). Provision of the Services via the J&T Mobile App is contingent upon you completing the process in this clause 3.
In order to set up an Account, 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 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” for the purposes of the J&T Mobile App.
Upon becoming a Registered User, Job & Talent will provide you with access to the J&T Mobile App and Services.
You agree that:
you are over the minimum legal working age limit for the country where you are looking for a job;
all the information that you provide to us in connection with your Account is complete and accurate;
you are the person whose details you have provided; and
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.
4. PROVISION OF THE J&T MOBILE APP
J&T Mobile App
If you wish to access and use the J&T Mobile App, including to receive the Services, the following additional terms and conditions shall apply to you.
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:
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;
you will comply with any other terms and conditions imposed by the Appstore Provider from which you have downloaded the J&T Mobile App;
if you delete the J&T Mobile App, it does not mean the Services will be automatically terminated or suspended. The Services shall only be terminated if you delete your Account (save that provision and termination of any earned wage access services shall be governed by the terms of your earned wage access agreement (as described in clause 1.8.2);
the Appstore Provider is not responsible for the J&T Mobile App, the Services, or its content;
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
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 there are 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 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 responsibility.
The J&T Platform, the Services, the Outputs and Materials are provided for general information purposes only. While we do not accept responsibility for any of the personnel’s profiles on our 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 should rely.
5. ACCEPTABLE USE
General
You agree:
to co-operate with Job & Talent in all matters relating to the J&T Platform and/or Services;
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);
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;
not to use your Account for unauthorised mass-communication such as spam or junk mail;
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;
not to attempt to gain authorised 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;
not to attack the J&T Platform and/or Services via a denial-of-service attack or a distributed denial-of-service attack;
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;
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;
not to “frame” or “mirror” any part of the J&T Platform and/or Services without our prior written consent;
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;
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;
not to rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the J&T Platform and/or Services;
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;
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;
not to circumvent any technical measures we use to provide and/or secure the J&T Platform and/or Services;
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;
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;
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;
to hold any necessary licences, work permits, certifications and/or qualifications that are required; and
not to access the J&T Platform to upload any User Provided Content or computer code for the purposes of:
causing a breach or override of security to the J&T Platform and/or Services;
interfering with the proper working, functionality or performance of the J&T Platform and/or Services; and
preventing others 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 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 to post and upload through the J&T Platform and/or Services any text, files, images, comments, videos, information, ratings, (collectively the “User Provided Content”). You acknowledge and agree that you are solely responsible for all User Provided Content you submit, provide or upload.
You agree that by uploading or otherwise providing any User Provided Content on or through the J&T Platform and/or Services, you 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. 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 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 that you will not publish or make available any User Provided Content that:
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;
is misleading, deceptive, fraudulent or otherwise illegal;
is libellous or defamatory;
is in any way threatening, harmful, frightening, abusive, bullying, harassing or malicious to any person or entity;
is inaccurate or incomplete;
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);
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;
is invasive of another’s privacy;
impersonates a Job & Talent employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity;
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;
uses any manual or automated means, including agents, robots, scripts or spiders to monitor or copy the J&T Platform and/or Service or the content contained therein;
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;
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;
requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the J&T Platform and/or Services for the purpose of automating logins to the J&T Platform;
facilitates the unlawful distribution of copyrighted User Provided Content;
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
contains obscene, offensive, adult or pornographic material.
Your User Provided Content will be treated as non-confidential and non-proprietary.
You 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 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 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 or unacceptable on the J&T Platform. If you 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 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 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 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 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 in respect of the J&T Mobile App, or for the period that you are accessing the J&T Site, we grant you 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 solely for the purposes of accessing the J&T Platform and to receive the Services.
To the extent permitted by applicable law, we may revoke or terminate the licence if you: (i) breach these Terms; or (ii) any Additional Terms, 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 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 the purposes of developing, manufacturing, advertising and marketing us and our products.
You will own your User Provided Content and any Outputs, subject to any pre-existing rights that third parties may have in the User Provided Content or any Outputs.
You 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 the provision, improvement, and operation of the Services.
9. WARRANTIES
You warrant and undertake that:
you are free to enter into these Terms and to perform the obligations imposed on you hereunder;
you shall 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);
you own, or have a licence to use all rights (including intellectual property rights) in the User Provided Content; and
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. Nothing in these Terms will exclude or limit the statutory rights of consumers under applicable law. To the extent permitted by law, and without prejudice to such rights, the express terms and conditions of these Terms will apply in place of any additional 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).
10. LIABILITY
Nothing in these Terms excludes or limits our liability for:
death or personal injury caused by our negligence;
wilful default or wilful misconduct;
gross negligence;
fraud or fraudulent misrepresentation; and
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:
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
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.
You agree to indemnify, defend, and hold harmless Job & Talent and its affiliates, officers, directors, and employees (together the “Indemnified Parties”), to the extent permitted under applicable law, in respect of any demand, loss, damage, cost, expense or liability (including reasonable legal and other professional costs) suffered or incurred by the Indemnified Parties that is directly caused by: (i) any material breach of these Terms and/or Additional Terms; (ii) your intentional misuse of the J&T Platform, Services, any User Provided Content and Output, including without limitation your Account, any User Provided Content you make available through the J&T Platform and/or Services and any User Provided Content provided by you; 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 breach any of these Terms and/or any other Additional Terms, we may immediately do any or all of the following (without limitation):
issue a warning to you;
temporarily or permanently remove any User Provided Content uploaded by you to the J&T Platform;
temporarily or permanently remove any Outputs available to you on the J&T Platform;
temporarily or permanently withdraw your right to use the J&T Platform and/or Services;
suspend or terminate your Account;
issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
take further legal action against you; and/or
disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
You may terminate these Terms by: (i) deleting your Account in respect of the J&T Mobile App and ceasing to use the J&T Mobile App and Services: or (ii) in respect of the J&T Site, ceasing to use the J&T Site and Services. Any termination of the earned wage access services shall be governed by your earned wage access agreement (as described in clause 1.8.2).
On termination or suspension by us, you will not be permitted to use the J&T Platform and/or Services, and you 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 you of any such changes (for example, via e-mail or through the J&T Site or the J&T Mobile App). In any case, please check these Terms, Additional Terms and/or the Privacy Policy regularly to ensure that you understand the Terms, Additional Terms and/or the Privacy Policy that apply at the time that you access and use the J&T Platform and/or Services. We will also provide 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.
If you do not wish to continue using the J&T Platform and/or Services following the changes to the Terms, Additional Terms and/or the Privacy Policy, you can cancel your agreement to these Terms by: (i) in respect of the J&T Mobile App deleting your Account and ceasing to use the Services; and (ii) in respect of the J&T Site, ceasing to use the J&T Site and Services, save that the termination of any earned wage access services shall be governed by the terms of your earned wage access agreement with Job & Talent (as described in clause 1.8.2).
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 User Provider 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 that the applicable laws deem appropriate, with express waiver of any other jurisdiction they may be entitled to.
Nothing in this clause affects your rights under Spanish consumer protection legislation or any other mandatory consumer protection provisions that may apply to you.
16. COMPLIANCE
You 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 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. AI USE IN J&T PLATFORM
You acknowledge and agree that: (i) Job & Talent uses AI Systems (as defined below) to provide certain Services, which include but is not limited to AI-powered job matching, automated profiling based on your professional data; (ii) the J&T Platform includes functionality which uses AI Systems; (iii) Job & Talent may use AI Systems to generate or create recommendations, information, content, materials and any other output (“Outputs”) as part of the Services or from your use of the J&T Platform.
You further acknowledge and agree:
any Outputs provided to you may have been artificially generated or manipulated;
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;
you are required to evaluate the Services, including any Outputs from the Services for accuracy and appropriateness, including using human review; and
you shall not use the Services in combination with any Prohibited AI Practices (as defined below).
For the purposes this clause 17:
“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
“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 into disclosing personal data.
To protect yourself, please observe the following:
Job & Talent will only send official communications from email addresses ending in “[*] @jobandtalent.com”.
Job & Talent will never request, by email or telephone, your personal access credentials (username, password, PIN) for the J&T Platform or any related Services.
Job & Talent will never ask you, by email or telephone, to provide a copy of your 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 have confirmed its URL is “jobandtalent.com” (or another official Job & Talent domain) and you initiated the request.
If you 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 J&T Platform and associated Services, you 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 have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by [email protected].
Thank you.
Terms last updated 7 October 2025