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Terms and Conditions

1. Introduction

This page sets forth the "terms and conditions" under which you agree to use Workast available online through any device. Please read this page carefully. If you do not agree to the terms and conditions set forth herein, please do not use this website, its mobile application, widget, or the services provided by Workast.

2. Acceptance of Terms

By using the website, downloading and installing the mobile application, or using the Workast Widget, you agree to be bound by these terms and conditions. The terms and conditions may be updated by Workast at any time and without notice, so please visit this page periodically for the most recent version of the terms and conditions.

The terms "you" and "user" as used herein refer to all persons and/or entities that access this website, its mobile application, widget or any platform developed by Workast.

3. Binding Agreement

These terms form a binding agreement between you and Workast, which reserves the right to change these rules at any time and without prior notice. Access to and use of Workast indicates your acceptance of these terms. Furthermore, you agree to use Workast at your own risk. In the case of electronic contracting of services, it will be perfected as soon as the acceptance of the proposal or the conditions under which it was modified is received.

4. Description of the Service

The service provided through the Workast website and mobile application operated by Work Cast Solutions, SAPI de CV (hereinafter Workast) who is its owner, is exclusively to provide a limited use license for non-Workast employers to write and publish job offers and job advertisements on the platform, and candidates in turn post their resumes on the system. By virtue of the foregoing, Workast is not responsible for the content or veracity of the publications made by employers/recruiters on the Website and Mobile Application.

Similarly, Workast is an intermediary for the offer of various services provided by third parties, with whom Workast has collaboration agreements.


The release of new products and properties is subject to these terms. You understand and agree that the aforementioned services are provided "as-is" and that Workast assumes no responsibility for the deletion, failure to deliver or storage of any communication or personalization features.

 

5. Communications

It is stated that you understand and agree that the service may include certain communications from Workast, such as administrative messages, service announcements and transactional mailings, these communications are considered part of the Workast service and you cannot opt out of receiving such communications.
In the event that a user receives communications from this website or its mobile application without having registered, or without having given their express consent to said registration, they can cancel the subscription in accordance with the procedure established in Workast's Privacy Notice.

Likewise, the use of this website or its mobile application implies communications via chat between job candidates and recruiters, said communications could be monitored by Workast at its sole discretion, so they should not be considered private communications at any time.

6. Definitions

The following are definitions of terms used or applied to the information contained herein:

  • “Candidate data collection”: Means the process of obtaining information (personal and/or employment) about a candidate.

  • "Content":: Includes all text, graphics, design and programming used on the Website.

 

  • “Design”:: Includes the color combinations and the design of the Website and Mobile Application.

 

  • "Employer/Recruiter": Means the natural person or legal entity that enters the website and/or mobile application to place a job advertisement or for any reason related to the purpose of searching for candidates.

 

  • "Graphics": Includes all logos, buttons and other graphic elements on the Website and Mobile Application, with the exception of advertising banners.

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  • "Workast Site" Includes  https://workast.com.mx/ in its entirety, its mobile application, as well as related sites operated and owned by Work Cast Solutions, SAPI DE CV including its content, text, graphics, design, programming and applicable services in the context.

 

  • "Candidate": Means a user who accesses the Website and Mobile Application to search for a job and who is not an employer.

 

  • “Materials”: Refers to any publication made on the Website.

 

  • “Programming”: Includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, Databases, etc.) used on the Website.

 

  • "Services": Means any service provided by Work Cast Solutions, SAPI de CV, its agents or members.

 

  • “Text”: Includes all text on each page of the Website and Mobile Application, whether editorial, page navigation or instructional.

 

  • “Third Parties”: Includes any person or entity not directly specified in this agreement.

 

  • “User”: Refers to any individual or entity that uses any aspect of the Website and Mobile Application.

 

  • "You": Means the person (or the entity represented by which it is acting) that is accepting these terms and conditions.

 

7. Rules of General Use of the Workast Site and Mobile Application

The portal and mobile application are intended for individuals looking for work and for employers or recruiters looking for candidates to offer employment. You must use this Website and Mobile Application with legitimate intentions and in accordance with the indications of use dictated by Work Cast Solutions, SAPI de CV, Workast is the only entity that will interpret the acceptable use of the Website and Mobile Application.

8. Employer/Recruiter Use License

Workast grants, during the term of the contracted services, a revocable license of use, of limited responsibility, terminable and with non-exclusive rights to access and use the Website, Widget (prior contracting) and Workast Mobile Application for internal use. of the employer/recruiter in the search for candidates to offer them employment. This authorizes the employer/recruiter to view the material on the Website and Mobile Application for the sole purpose of searching and recruiting candidates. Workast reserves the right to temporarily or permanently suspend your access codes or terminate your contract if it is determined that there is a breach of any of these terms and conditions. You may not market or resell the services or portions thereof in any way. Workast grants the employer/recruiter contracting the service an administrator user password, whose owner will be responsible for the existence and veracity of the information of the generated subaccounts, as well as for the use that said passwords give to the contracted service.

 

9. Transfer of personal data

In accordance with the Federal Law on the Protection of Personal Data Held by Private Parties in force in Mexico, Workast is the transferor responsible and the employer/recruiter becomes the receiving responsible, therefore, in compliance with the provisions of the matter, the employer /recruiter when contracting the service, undertakes to:

  • Maintain the confidentiality of personal data, using it solely for the purposes of recruitment and selection of personnel and for no other purpose.

  • Do not transfer to any third party, personal data that you receive in your capacity as responsible recipient, except for the provisions of article 70 of the LFPDPPP regulations.

  • Guarantee that only your employees will have access to the transferred data and that none of them will give a treatment other than that of recruitment and selection of personnel.


Workast disclaims any present or future liability arising from the non-agreed use of the personal data that has been transferred to employers/recruiters, so that in case of contravening these provisions, they are obliged to remove Workast in peace and safe. , paying the damages caused by this situation.

 

10. License of use for Candidates

Workast grants a non-exclusive, terminable, and limited liability agreement to access and use the Website and Mobile Application for your personal use in pursuing employment opportunities for yourself. This authorizes you to view the material on the Website and Mobile Application solely for your personal use and not for commercial use for profit. The use of the Website and Mobile Application is a privilege. Workast reserves the right to suspend or terminate this privilege for any reason at any time.

11. Other Specific Rules for the Use of the Website and Mobile Application

You represent, warrant and agree that you will not use (or plan, encourage or assist others to use) the Website and Mobile Application for any other purpose or in any way prohibited by the terms herein or applicable by law. It is your responsibility to ensure that you use the Website and Mobile Application in accordance with the terms and conditions specified herein.

12. Posting Rules, Conduct and Security

You agree to comply with Workast's rules for Posting, Conduct and Security on this Website and Mobile Application. Users who violate such rules will have their use of and access to the Site and Application suspended or terminated at Workast's sole discretion. The rules of Conduct, Publication and Security are as described below:

12.1 General

Workast's contact information is listed on the Website and Mobile App. Workast and its associated agents assume no responsibility that the content of the website and mobile application is appropriate outside of the Mexican Republic. Access to the content of the website and mobile application may not be legal by certain persons or in certain countries. If you access the content of the website and mobile application outside of the Mexican Republic, you do so at your own risk and are responsible for compliance with the laws within your jurisdiction. The User agrees to use the Website and Mobile Application in accordance with the law, these Terms and Conditions, as well as with morality and generally accepted good customs and public order. Workast excludes any liability for damages of any nature that may be due to the services provided by third parties through the Website and Mobile Application, and in particular, although not exclusively for damages and losses that may be due to breach of the law, morality and generally accepted good customs or public order as a consequence of the provision of services by third parties through the Website and Mobile Application; the infringement of intellectual and industrial property rights, of business secrets, of contractual commitments of any kind, of the rights to honor, to personal and family privacy and to the image of people, of property rights and of any other nature belonging to a third party as a result of the provision of services by third parties through the website and mobile application; the performance of acts of unfair competition and illicit advertising as a result of the provision of services by third parties through the website and mobile application, the lack of veracity, accuracy, completeness, relevance and/or timeliness of the content transmitted, disseminated, stored , received, obtained, made available or accessible through the services provided by third parties through the website and mobile application; non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations contracted by third parties and contracts made with third parties in relation to or due to the provision of services through the website and mobile application; vices and defects of all kinds of services provided through the website and mobile application. You must not assign or transfer your obligations under these terms, these terms constitute the entire agreement between you and Workast with respect to the use of the website and mobile application. Workast reserves the right to deny or withdraw access to the Website and Mobile Application, at any time and without prior notice, to those users who fail to comply with these Terms and Conditions.

12.2 Posting Rules for Employers/Recruiters

A. The material you write and post on the Website and Mobile Application must not contain:

 

  • Hyperlinks, hyperlinks, links or URL's that are not previously contracted and included in our "Addressing Package" in such case, the links must be directed exclusively to the site with the domain of the main page (Home Page) of you, the company contracting party, or any variant of that domain, such as directories and subdirectories.

  • Publication of different profiles in the same job advertisement.

  • Posting multiple job ads with a single credit is not allowed.

  • Advertising for fairs or recruitment events.

  • Contact data outside the space established for this purpose, in particular emails and telephone numbers (WhatsApp) or any other means of contact.

  • Sensitive personal data.

  • Descriptions that are discriminatory or intended to undermine the rights and freedoms of individuals.

  • Invitations to attend massive recruitment events and/or job fairs

  • Material that requires copyright (unless you have the rights and/or permission of the author to publish it).

  • Confidential information or corporate secrets (unless you have the rights and/or permission of the author for publication).

  • Material that infringes any other copyright or violates the privacy or publishing rights of others.

  • Any material that is sexually explicit, obscene, defamatory, threatening, harassing, abusive, harmful.

  • Anything that is embarrassing or offensive to another person or entity.

  • Request for personal services.

  • Jobs that do not pay at least the minimum daily wage.

  • Jobs that require the candidate, or employee, to make a capital investment or payment.

  • Jobs that require the candidate, or employee, to go to unpaid training in order to be hired.

  • No other language than Spanish or English.

B. You shall NOT use your Material(s) to:

  • Represent another person, living or dead.

  • Posting false, inaccurate, or misleading information that entices candidates in order to obtain personal or employment information that he or she would not disclose if the intent of such posting was previously known to the candidate.

  • Advertisements or business requests (including positions for multilevel companies, franchises, FOREX, membership clubs, product distribution, or any other that requires monetary investment by the user).

  • Posting chain letters or pyramid schemes.

  • Publish opinions or news, commercial announcements, promotion of courses and/or products.

  • Collect massive information from candidates.

C. Your material(s) must contain sufficient detail to clearly convey to the user the nature and requirements of the job opportunity, or qualifications as a candidate for employment (full biographical data, factual personal data).

D. Third party materials that require a fee or otherwise restrict access to curriculum information are prohibited.

 

E. Workast will take reasonable care to ensure the quality of its Website and Mobile Application, however, it is not your obligation to monitor posted materials. Workast may monitor posted materials on a random basis.

 

F. It is the direct responsibility of the employers/recruiters that the wording of job advertisements published through the Workast Website and Mobile Application is in accordance with the law in accordance with the jurisdiction of the country to which it corresponds, depending on the locality in which which is the job advertisement. In particular, it is of utmost importance to comply with the anti-discrimination obligations established by the legislation and not to restrict access to employment based on ethnic or national origin, skin color, culture, sex, gender, age, disability , social status, economic status, health conditions, legal status, religion, physical appearance, genetic characteristics, immigration status, pregnancy, language, opinions, sexual preferences, identity or affiliation political, marital status, family situation, family responsibilities, language, criminal record or any other that violates human dignity and has the purpose of annulling or undermining the rights and freedoms of individuals, which could constitute conduct that has the effect of annulling the exercise of their rights and the real equality of opportunities with respect to the rest of the other candidates to occupy or no employment.


Workast at all times makes available to candidates the necessary tools to be able to apply for all job advertisements through the Website and Mobile Application, without making any distinction between the candidates.

 

G. Employers/recruiters are the ones who directly add to the job advertisements through the Workast Website and Mobile Application, the title, location, type of employment and email of each vacancy, which is why Workast will not any changes to these fields resulting from inadvertent errors by employers/recruiters.

 

H. When registering on the Workast Website and Mobile Application, employers/recruiters will be responsible for correctly registering the account data (including name or business name, trade name, RFC, etc.), which will be used for the issuance of the corresponding invoice, as well as to publish the company data within each vacancy. To make changes to said data, Workast will require the corresponding legal documentation in order to assess whether said change is appropriate or not. The basic ad posting will contain the business name, while the featured ads may, at the employers/recruiters choice, display the business name.

 

I. Job advertisements, identities and behavioral tests acquired on the Workast Website and Mobile Application will have the validity indicated at the time of purchase, so they must be consumed during said period. Once their validity has expired, they will not be refundable and/or cumulative.

 

The Materials that are found and violate the Publication Rules mentioned above will be removed at the sole discretion of Workast, without the need for prior notification and without the possibility of replacement and/or refund of the amounts paid.

12.3 Rules of Conduct:

  • You may not reply to posts on behalf of other users in any way and for any other purpose than intended (eg, to apply for a job or to start a discussion regarding the job). Communications soliciting the employer's business are prohibited.

  • You may not send commercial emails to users.

  • Report inappropriate posts or conduct to:  info@workast.com.mx

 

  • You may not delete or revise any material posted by any other person or entity.

  • If at any time during the term of this agreement Workast learns that you have misled it regarding your business practice and/or services, and/or have purchased services that do not accurately represent your business, Workast reserves the right to terminate this agreement and your use of privileges immediately without prior notice and without the right to a refund.

  • Workast has no obligation to monitor the conduct of its users, but is committed to investigating and responding when violations of the terms herein are reported.

12.4 Security Rules:

A. Users are prohibited from violating or attacking the security of the Website and Mobile Application, including, without limitation:

 

  • Access data that is not intended for that user or enter a server or account in which the user is not authorized to access. If you have a password that allows you access to a non-public area of this website or its mobile application, you may not disclose or share your password with third parties or use your password for any unauthorized purpose.

  • Attempt, explore or test the vulnerability of the system or network or attempt to bypass security or authentication measures without prior authorization;

  • Attempt and interfere with the service of any user, server or network, by sending a virus to the Website or Mobile Application, or other acts such as overloading;

 

  • Send unsolicited e-mails, including promotions and/or advertising of products or services;

B. Workast is not responsible for the information, in particular for the personal data that the candidates send directly to the employers/recruiters through means outside the Workast platform, such as email, whats app or by telephone.

 

C. Violation of these Safety Rules may result in administrative, civil, or criminal liability. Workast will investigate cases that may present such violations and will involve and cooperate with the respective authorities in the legal process of users who are implicated in such violations.

 

13. Opinions and/or Comments:

The comments and opinions expressed in the available sections are made by people outside Workast, under their sole and exclusive responsibility. All persons who access this website and its mobile application assume the quality of users, and therefore undertake to observe and comply with these provisions. The participants of these spaces undertake to use them in accordance with the law, these general conditions, as well as with morality and generally accepted good customs. Workast is exempt from any type of responsibility derived from the information, opinions, comments, ideas or other content made by visitors on its website and mobile application. The opinions made by users on this website and mobile application may not contain obscene elements and/or insults, or information that implies a violation of the rights of third parties and, in particular, of their honor, privacy or own image. Comments that are defamatory, insulting, slanderous, obscene, threatening, discriminatory, or that incite violence will not be allowed either. Workast is not responsible for the veracity and accuracy of the opinions expressed on the website and mobile application by users, being exempt from any contractual or non-contractual liability with the person or company that makes use of them. Sending any content or opinion that violates current legislation and/or legitimate rights of other people is prohibited. Likewise, Workast reserves the right to admit or unsubscribe any user, as well as to omit, delete or edit partially or totally, without prior notice and without any type of responsibility with the users, all those contents or comments that it considers inappropriate. or go against the law and/or good customs. Workast recommends users not to post personal data such as name, phone numbers, physical addresses or emails. Comments made by users generally become part of the Workast website and mobile application, for which users grant Workast and its affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, and publish its content by any means and for any purpose, however, said comments are not and will not be the responsibility of Workast, but of the users who make them. Workast will not be obliged in any case to evaluate, edit or monitor the content published on the website and mobile application or by users, for which reason it is not responsible or assumes any responsibility for the content published or uploaded by users or by any third party, nor for errors, defamation, slander, expositions, falsehoods or profanity that could be published on the website or its mobile application. For the participation of users in the website and mobile application, the email will be required, which will be treated under the terms established in the Workast Privacy Notice.

14. Intellectual Property Rights:

The Website, Mobile Application and all their rights, title and interests are the sole property of Work Cast Solutions, SAPI de CV, and are protected by Mexican copyright laws and international treaties. Except for the limited use licenses expressly granted to you in these terms, Workast reserves to itself and its licensors all right, title, and interest, without limitation of ownership, in the foregoing. You may not reproduce, modify, display, sell or distribute the content, or use it in any other way for public or commercial use. This includes copying or adapting HTML code used to generate web pages on the Website and Mobile Application. The Workast logo and other names and logos are service marks and registered trademarks of Work Cast Solutions, SAPI de CV, and all product and service names, design marks and advertising slogans are registered trademarks of Workast. Additionally, the "look and feel" of the Website and Mobile Application (including the color scheme, button shapes, layout, and other graphic elements) are protected by Workast's trademark and copyright. All the other brands contained in the Website and Mobile Application are registered trademarks of their respective owners.

 

15. Workast Limitation of Liability:

Workast assumes no responsibility for materials posted on the Website and Mobile Application by users and has no responsibility for their activities, omissions or conduct of users Job openings are posted by each Employer/Recruiter for which Workast assumes no responsibility any of the advertisements on the Website and Mobile Application.


For no reason should the services provided by Workast be understood as services known as outsourcing, placement agency, payroll management, or any similar service, so Workast cannot be considered by any means or form as a substitute employer in terms of the Law. Federal Labor Law in force in the United Mexican States. The job advertisements published on the website and mobile application, and the individual work relationships that may derive from them, are the sole responsibility of the person who carries out their publication, which is why any person who publishes a job advertisement employment, releases from this moment and in the future Workast from any responsibility derived from the Federal Labor Law in force in the United Mexican States.
 

Likewise, Workast is not responsible for the services provided by third parties with whom Workast has collaboration agreements, so any claim must be made directly with the service provider.


Workast will not be responsible for the failures presented in making payments through third-party platforms, so any clarification regarding this issue must be channeled directly to the company in charge of carrying out said transaction.


Additionally, it should be considered that depending on the means of payment used to contract services, these may not be available until 36 business hours after the corresponding payment is made.

 

16. Exclusion of Attachments by Workast:

Nothing on the Website and Mobile Application should be considered an annex, representation or guarantee with respect to any user or a third party, whether in relation to the Website, its products, services, hiring, experience, employment, recruitment practices or others.

17. Exclusion of Warranties and Liability:

Workast is not an employment agency or recruiting firm, and makes no representation or warranty as to the effectiveness or timeliness of obtaining employment for users. Workast does not guarantee the materials posted on this website and its mobile application by users who are candidates for hire or for positions to be filled and is not responsible for any employment decision, for any reason, made by any user.

18. Exclusion of errors and accuracy of the materials published on the Website and Mobile Application:

Workast does not guarantee the truthfulness, accuracy, currency or reliability of any material posted by users, or any other form of communication that is compromised by users. The Materials may contain inaccuracies or typographical errors. You agree that any consequences in materials posted by users, or in any other form of communication with users, will be at your own risk. Additionally, Workast does not guarantee the content of the Website and Mobile Application, including limited liability for links that do not work, inaccuracies or typographical errors.

19. EXCLUSION OF WARRANTIES:

THE WEBSITE, MOBILE APPLICATION AND ALL CONTENT ARE PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY AND ITS ASSOCIATED AGENTS, TO THE EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, THE COMPANY AND ITS ASSOCIATED AGENTS  THEY MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS. WORKAST AND ITS ASSOCIATED AGENTS DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, THE APP AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE AND ITS MOBILE APPLICATION RESULTS DIRECTLY OR INDIRECTLY IN THE NEED TO REPLACE EQUIPMENT OR DATA OR PERFORM SERVICES, WORKAST AND ITS ASSOCIATED AGENTS ARE NOT RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH SUCH REPLACEMENTS AND/OR SERVICES.

20. Links to other sites:

Workast and its associated agents contain links or hyperlinks to Third Party Sites. These links are provided as a convenience to you and the contents are not endorsed by Workast. Workast is not responsible for the content of those sites or the accuracy of their materials. If you decide to access those sites it is at your own risk.

21.Widget:

The Workast user interface may be made available on a non-exclusive basis to Employers/Recruiters through the Workast Widget (upon hire), which you will be required to add to your website. Embedding the Workast Widget on your website constitutes acceptance of these Terms and Conditions of Use. The Workast Widget installation code will be provided to you for the sole purpose of accessing and installing the Workast Widget on your website, and you must refrain from using it for any other purpose.


The Widget and its installation code is the exclusive property of Workast, therefore You may not copy, alter, modify, enhance, disassemble, translate, decompile or reverse engineer the Widget or installation code provided by Workast. In addition, you may not duplicate, sell, rent, or lend the Workast Widget or its installation code to any other third party.


Job advertisements posted by Employers/Recruiters on the Workast site may be mirrored on third party sites with which Workast has contracted to provide the Widget service.

 

22. Notifications:

The use of the Workast platform implies acceptance of receiving notifications for users through various means, such as desktop notifications, via WhatsApp or SMS, via email, or any other means with which it is possible to contact the user. with the information provided on the Website.

23. Amendments to this Agreement and Changes to the Website:

Workast may revise these terms at any time and update their content. Any use of the Website and Mobile Application will be considered as your acceptance of the terms shown here. If at any time you find the terms unacceptable, you should not use this Website and Mobile Application. Any new or different terms provided by you will be specifically rejected by Workast. Workast may make changes to these terms without notice.


Workast reserves the right to modify or discontinue, temporarily or permanently, the Services or any other features that are part of them, as well as its business model without prior notice. You agree that Workast shall not be liable for any modification, suspension, model change, or discontinuance of the Services or any part thereof. In case of change of model of the Services, Workast will grant the user the equivalent of services in the new model.

 

24. Workast Indemnity:

You agree to defend, indemnify and hold harmless the Company and its associated agents, officers, directors, employees and agents, from and against any claim, lawsuit or suit, including without limitation damages, legal and accounting costs arising from or arising out of any allegation arising out of or in connection with your use of the Website and Mobile Application, any material posted by you, or any breach of these terms. Workast will notify you of the existence of any such claims, suits or legal proceedings and will assist you, at your expense, in the defense of such claims, suits or legal proceedings.

 

25. Termination:

Workast and its associated agents reserve the right, in their sole discretion, to pursue all legal remedies, including, without limitation, removal of your postings from this Website, immediate termination of access codes to this Website, and/or or any other services provided to you by the company and its associated agents, due to any breach by you of these terms and conditions of use or if the company is unable to verify or authenticate any information you submit to the website or other records; In case of cancellation of the service for these reasons, Workast nor its associated agents will make any refund of amounts paid for the termination of the service.

26. User information:

Workast's Privacy Notice incorporates this agreement.

27. Contact and questions:

Questions about the use of this Website and Mobile Application should be directed to the email  info@workast.com.mx

 
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