This document and its contents are proprietary to Brightwizard S.A., a company incorporated and existing according to the laws of Portugal, VAT PT510800467, with headquarters located at Rua Braamcamp 9 Sobreloja Direita, 1250-048 Lisbon, Portugal (hereinafter referred to as “we”, “us”, “our” or "Landing.Jobs"), and are intended solely for the contractual use by its customers (“you” or “your”) in connection with the engagement of our services as described herein and for no other purpose.
The information in this document shall not be used or distributed for any other purpose without our prior written consent.
We do not convey to you any license under any patents, trademarks, copyright, or common-law rights nor similar rights of any third parties by this document or the engagement of our services alone.
This document and all other operating rules, policies (including, without limitation, our Privacy Policy at www.Landing.Jobs/privacy and any future modifications thereof, and procedures that may be published from time to time on our Website or made available to you on or through the Services (collectively, the “Terms”) apply when you engage the providing of Services from us.
Please read the Terms carefully and make sure that you understand them fully before you engage us in providing our services as described herein to you.
By registering, accessing, browsing, and/or otherwise using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.
These Terms form a legally binding contract between you and us when accepted by you whether by digital means and/or in writing.
The use of Services is subject to acceptance of these Terms. To accept these Terms for yourself or your company: (i) in the case you are an individual, you must be of age and not be prohibited from completing commercial transactions; (ii) in case you are entering into these Terms on behalf of an entity, such as your employer (for instance), then it represents that you have the legal authority to bind that entity and that such entity is duly incorporated and in good standing.
If required by law, we reserve the right to change, modify, add, or remove portions of the Terms at any time. Your continued use of the Services after such changes have been communicated to you constitutes your binding acceptance of the Terms.
You further agree that records in our possession shall prove the contents of the commercial transactions between you and us in connection with the Service.
We, in our sole discretion, may suspend or terminate access to, or use of the Services to anyone who violates these Terms.
We take the privacy of our Clients and Candidates seriously. Our Privacy Policy atwww.Landing.Jobs/privacy (the “Privacy Policy”) is hereby incorporated. Our Privacy Policy apply in addition to these Terms, the PPH TC and the S TC.
Please read the Privacy Policy carefully as it governs the collection, use, and disclosure of your Data or that of third parties that you use and pass on to us at your full risk and liability (“Client Data”).
Client Data must be in compliance with these Terms, our Privacy Policy and applicable law.
All rights, title and interest in and to the Client Data belong to you (as “Data Controller”), whether posted and/or uploaded by you or otherwise.
By providing to us Client Data you engage us to access, use and process such Client Data in connection with the Services being provided to you and you represent and warrant to us that:
Upon engaging our PPH and/or S Services, different rates may apply and we will provide a written quotation to you.
We do not guarantee any accuracy, integrity, quantity, quality, completeness or veracy with respect to Client Data nor the information contained therein, and strongly recommend that you think carefully about what you transmit, submit or post to us.
We may (although we are not obliged to) pre-screen, monitor or filter any Client Data or acts of its processing in order to discover any violation of the above representations and warranties and prevent and/or mitigate any consequences there from. However, if we discover that Client Data or its processing could be regarded as unlawful you grant us the right to:
Without limiting the generality of the preceding sentence, we comply with the applicable laws (including the General Data Protection Regulation by the European Commission and any implementation laws, ordinances or regulations as applicable within the EU and to EU data owners), and will therefore remove Client Data from our systems upon receipt of a compliant takedown notice by any competent Authority or a third party.
You acknowledge and do not object to us using Client Data in an aggregated and anonymized format for research, training, educational and/or statistical purposes. You expressly grant to us the right to use and analyze aggregated system activity data associated with your use of the Services for the purposes of optimizing, improving or enhancing the way we provide our Services and to enable us to create new features and functionality in connection with the Services.
We may not otherwise use or display Client Data without your written consent. We respect your right to exclusive ownership of Client Data. Unless specifically permitted by you, your use of the Services does not confer to us a license to use, reproduce, adapt, modify, publish or distribute the Client Data for our commercial, marketing or any similar purposes other than the providing to you of our Services.
We may disclose your confidential information to the extent compelled by law to do soor as necessary for us to provide to you the Services (for instance, we are supposed to share your Confidential Information with possible employers/recruiters in connection with our efforts to land you a job when you are a Candidate).
In the case of compelled disclosure, we will use commercially reasonable efforts to provide you with prior notice of the compelled disclosure (to the extent legally permitted) and you shall provide reasonable assistance to us. If we are compelled by law to disclose your confidential information as part of a civil proceeding to which we are a party, and you are not contesting the disclosure, you will assist us in providing secure access to that confidential information.
Landing's Logo is a trademark the rights of which are reserved to us and our Licensors.
No part of this publication may be reproduced, distributed, or transmitted in any form or by any means (electronic, mechanical, photocopying or recording) or stored in a retrieval system, for any reason other than a licensee's internal use without our prior written permission.
You represent and warrant to us that:
You agree to defend, indemnify and hold us and our Affiliates harmless as well as our respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Services, Materials or Content provided to you, your breach of representations and Warranties, the acts or omissions attributable to you, your affiliates and your/their directors, officers, employees and agents and/or any third parties, in violation of these Terms, the rights of any person or entity or any applicable laws (including the General Data Protection Regulation by the European Commission and any implementation laws, ordinances or regulations as applicable within the EU and to EU data owners). We reserve the right to defend and control any matter or claim by a third party directed to us for which you are required to indemnify us and you agree to cooperate with us on such defense and to indemnify us in connection with such claims and defence.
We shall not be liable to you, your affiliates and their directors, officers, employees and agents and/or any third parties for any consequences resulting from:
In addition, neither we or our Affiliates, directors, officers, employees and agents shall be liable to you, you affiliates and your/their directors, officers, employees and agents for any claim brought, settled or threatened against you, your affiliates and your/their directors, officers, employees and agents by a third party.
The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not apply to these Terms.
In the event of a dispute, controversy or claim arising out of or in relation to these Terms, including but not limited to the formation, validity, breach or termination hereof, both of you and us shall attempt to solve the matter amicably in mutual negotiations.
In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies subject to these Terms. Notwithstanding the foregoing and subject to these Terms, either party may seek injunctive relief with respect to any disputed matter to the extent possible under applicable law. Should an amicable settlement between parties not be possible, the dispute shall be finally solved in court or by arbitration as designated herein.
Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to these Terms shall be finally settled according to the following:
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in New York, New York, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to the exclusive jurisdiction and venue in the United States Federal Courts located in New York, New York.
Both of you and us agree that none of us or you shall bring any dispute against the other in either our or your individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, both of you and us agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
If any part of these provisions are ruled to be unenforceable, then the balance of the same shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
Notwithstanding the foregoing, you agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (ii) seek injunctive relief in a court of law, or (iii) to file suit in a court of law to address intellectual property infringement claims.
Both of you and us agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
If any part of these provisions are ruled to be unenforceable, then the balance of the same shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
Notwithstanding the foregoing, YOU agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (ii) seek injunctive relief in a court of law, or (iii) to file suit in a court of law to address intellectual property infringement claims.
Both of you and us agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
If any part of these provisions are ruled to be unenforceable, then the balance of the same shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
Notwithstanding the foregoing, you agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (ii) seek injunctive relief in a court of law, or (iii) to file suit in a court of law to address intellectual property infringement claims.
Relationship of the Parties. The parties will act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between you and us. These Terms are not for the benefit of any third parties.
Severability. If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
Assignment. You may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without Supplier’s prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, you, or your permitted successive assignees or transferees, may assign or transfer these Terms or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with you, or your permitted successive assignees or transferees; or (2) in connection with a merger, reorganization, transfer, sale of assets or product lines, or change of control or your ownership, or your permitted successive assignees or transferees.
No Waiver. Failure or delay of either Party to exercise or enforce any provision of or any of your rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right by such Party.
Notices. Except as otherwise specified in these Terms, all notices related to these Terms will be in writing and will be effective upon (a) personal delivery, (b) as at the date of recorded delivery, or (c) except for notices of termination or an indemnifiable claim (“Legal Notices”), the day of sending an email or a response thereof whichever is the first.
Billing-related notices to you will be addressed to the relevant billing contact designated by you.
Except as otherwise specified in these Terms, all notices related to these Terms will be in writing and will be effective upon (a) personal delivery, (b) as at the date of recorded delivery, or (c) except for notices of termination or an indemnifiable claim (“Legal Notices”), the day of sending an email or a response thereof whichever is the first.
Last update: August, 2023
