1. INTRODUCTION
- The website https://www.cleaver.mx/ (hereinafter the “Website”) is owned and operated by CLEAVER CALLING CENTER S.A. de C.V, a company registered under the laws of the State of Mexico (hereinafter the “Company”).
- The present Terms and Conditions govern and regulate the use of access, use and interaction of visitors on the Website and the legal relationship between the Website’s visitors (hereinafter “you”, “Visitor(s)”) and the Company (hereinafter the “Terms”).
- Visitors are responsible to regularly check for changes to these Terms. By continuing using the Website, it shall be deemed as acceptance of these Terms. Additionally, should you continue using the Website following any changes or amendments to the Terms, it shall be deemed as acceptance of such changes or amendments.
- The Company reserves the right to unilaterally update, amend or replace, in part or in whole, these Terms by posting updates and/or changes to the Website without any prior notification.
- For the avoidance of doubt, the version displayed on the Website shall always be deemed to be the most recent and applicable version.
2. WEBSITE’S PURPOSE
The purpose of this Website is for the Company to provide a description of its activities and services to every Visitor.
3. VISITOR REPRESENTATIONS AND WARRANTIES
As a Visitor of the Website,you represent and warrant that:
- you are at least 18 years of age and do not require consent or approval of any other person or entity;
- you do not and you shall abstain from any use of the Website for any activities considered fraudulent, criminal or illegal under any laws or regulations in any applicable jurisdiction, nor to transmit any harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, insidious or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct;
- you will use the Website for lawful purposes only and in a manner that does not infringe the rights of, or restrict the use of the Website, by any third party;
- you are residing in a country which allows the use of our Website without any reservations; and
- that the information provided to us is correct, accurate and up to date to the best of your knowledge and that you have all necessary authorisation to provide such information.
4. COMPANY’S REPRESENTATIONS AND WARRANTIES.
- ALL THE CONTENT ON THIS WEBSITE IS PROVIDED ‘AS IS’ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
- ANY PERSONAL INFORMATION WILL BE PROCESSED IN ACCORDANCE WITH THE RELEVANT DOMESTIC, (AND WHERE APPLICABLE) EU AND INTERNATIONAL DATA PROTECTION LAW(S) AND REGULATIONS (“APPLICABLE LAWS”) AND THE COMPANY UNDERTAKES TO PROTECT YOUR PERSONAL INFORMATION AND RESPECT YOUR PRIVACY IN ACCORDANCE WITH BEST BUSINESS PRACTICES AND APPLICABLE LAWS.
- NO PERSONAL DATA WILL BE GIVEN TO THIRD PARTIES, UNLESS SUCH DISCLOSURE IS NECESSARY FOR THE EFFECTIVE PROVISION OF THE SCOPE, OR THERE IS A LEGAL OBLIGATION TO DO SO. THE COMPANY IMPLEMENTS APPROPRIATE SECURITY MEASURES TO PROTECT YOUR INFORMATION AGAINST ANY UNAUTHORIZED ACCESS TO OR UNLAWFUL USE.
- TRANSMISSION OF INFORMATION OVER THE INTERNET CAN BE INSECURE. YOU ACKNOWLEDGE THAT THE COMPANY CANNOT ALWAYS GUARANTEE THE SECURITY OF INFORMATION TRANSMITTED OVER THE INTERNET AND THAT THIS IS OUT OF OUR CONTROL.
- IN RELATION TO SUBMISSION OF YOUR INFORMAITON FOR RECRUITMENT PURPOSES, THE COMPANY MAKES NO GUARANTEES THAT BY SUBMITTING INFORMATION ON OUR WEBSITE, YOU WILL BE GUARANTEED EMPLOYMENT WITH OUR COMPANY.
- WE DECLARE AND YOU ACKNOWLEDGE THAT ALL IMPLIED WARRANTIES AND CONDITIONS ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- THE INFORMATION PROVIDED THROUGH THE PRESENT TERMS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE IN ANY SPECIFIC SITUATION. THE SERVICES PROVIDED THROUGH THIS WEBSITE, AND OUR MEANS OF DELIVERING SUCH MAY BE INCOMPATIBLE WITH YOUR SOFTWARE OR COMPUTER CONFIGURATION. IN THE EVENTUALITY THAT ANY INFORMATION IS LOST OR IS MISPLACED THROUGH NO FAULT OF THE COMPANY, THE COMPANY SHALL NOT BE HELD LIABLE.
- THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION, OR THAT THIS WEBSITE IS FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL MAKE USE OF ALL REASONABLE MEANS IN ORDER TO ENSURE THAT SUCH DATA REMAINS CONFIDENTIAL AND PROTECTED AT ALL TIMES.
- THE WEBSITE IS ONLY INTENDED FOR TO PROVIDE GENERAL INFORMATION ABOUT THE COMPANY’S ACTIVITIES AND SERVICES AND FOR INDIVIDUALS WHO WISHES TO SUBMIT THEIR EMPLOYMENT APPLICATION THROUGH THE WEBSITE.
- STAFFING AND RECRUITING AGENCIES AND INDIVIDUALS BEING REPRESENTED BY AN AGENCY ARE NOT ALLOWED TO USE THIS SITE TO SUBMIT PROFILES, APPLICATIONS OR CVS, OR TO FORWARD CVS DIRECTLY TO EMPLOYEES OR ANY OTHER COMPANY LOCATION, AND ANY SUCH SUBMISSIONS WILL BE CONSIDERED UNSOLICITED.
- YOU AGREE TO COMPLY WITH THE TERMS, AS WELL AS WITH THE PRIVACY POLICY OF THIS WEBSITE AND ACCEPT THAT THE COMPANY HAS NO DUTY TO NOTIFY YOU, IF AT ITS OWN DISCRETION AND WITHOUT LIABILITY TO YOU, IT DECIDES THAT YOUR APPLICATION WAS NOT UP TO ITS RECRUITING STANDARDS.
5. LINKS AND THIRD PARTY CONTENT
- The Website may contain links to websites controlled and/or offered by third parties (non-affiliates) (“Third Party Content”). The Company is not and shall not be held responsible for any Third Party Content and does not monitor or maintain such and hereby disclaims any liability for, any information, materials, products or services posted and/or offered through any of the third-party sites that are linked to the Website.
- The Company does not endorse and/or recommend any products or services offered or information contained at that website, nor is the Company liable for any failure of products and/or services offered or advertised at those sites. Third Party Content may have a privacy policy different from that of the Company and the third-party website may provide less and/or different security and/or security measures than the Company.
- You hereby acknowledge and agree that it is your responsibility to evaluate any Third Party Content before you proceed using; should you decide to use such Third Party Content, you do so at your own risk. The Company is not and shall not be held responsible nor liable for any loss and/or damage and/or cost and/or expense of any nature whatsoever (including without limitation of a direct, indirect or consequential nature, any economic, financial loss or any other loss, or loss of turnover, profits, business or goodwill) which was incurred or suffered by your use of any Third Party Content and you hereby indemnify the Company and its officers from any such liability arising from your decision to use any third party services and Third Party Content.
6. FORCE MAJEURE
The Company will not be liable for any loss or damage caused by any viruses or any other technologically damaging material that might infect you computing apparatus, programs, or data due to your use of this Website.
7. INTELLECTUAL PROPERTY RIGHTS
- The Website, as well as its content and structure are protected under copyright law as an intellectual property.
- All copyright and other rights (including database rights, trademarks (whether registered or unregistered) and all other intellectual property rights) in and to the Website and their contents (which for the avoidance of doubt shall include all information contained in or available from the Website and shall hereinafter referred to as the “Contents”) are owned by or licensed to the Company or are otherwise used by the Company as permitted under applicable laws.
- You agree not to copy, distribute, process, modify, merge the Website content in general or with any other works, also convey, archive, process on a systematic basis as well as to use the Contents of the Website or any part of it, without the written consent of the Company.
8. SEVERABILITY
Whenever possible, each provision of these Terms shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of these Terms is found to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of these Terms.
9. ACCESS TO THE WEBSITE
- The Company reserves the right at any time to deny or terminate all or part of your access to the Website where in its opinion, there are concerns regarding unreasonable use, security or unauthorized access or where you have breached any of these Terms, without giving prior notice to you.
- Any and all restrictions imposed on you and the disclaimers and limitations of liability set out in the Terms, shall survive termination of use of the website and any legal rights accrued to the Company against you up to the date of termination, shall not be affected.
10. INTERPRETATION
The interpretation of these Terms and Conditions shall not be affected by its headings.
11. APPLICABLE LAW AND JURISDICTION
- These Terms shall be governed and construed in accordance with the laws of the State of Mexico.
- The Parties, hereby, undertake and agree that any dispute, controversy or claim arising out of or in connection with these Terms (including, without limitation, any dispute, controversy or claim relating to the existence, validity or termination of this Terms)that cannot be resolved in an amicable manner, shall be referred to the courts of the State of Mexico.