GUUDJOB TERMS OF USE – 26 January 2023
Mapal Software SL (hereinafter “Guudjob”) is a European and Spanish company based in Madrid, so it is subject to Spanish and European legislation. Guudjob’s channels – Mobile Applications and Webs – (hereinafter, “Guudjob Channels”) are owned by Mapal Software SL.
WE INVITE YOU TO READ CAREFULLY THE TERMS AND CONDITIONS OF USE BEFORE USING THE GUUDJOB CHANNELS.
By using the Guudjob Channels you agree, expressly and without reservation, to comply with and be bound by these Terms and Conditions, which may be modified by Guudjob at any time as indicated in these Terms and Conditions. Please review these Terms and Conditions periodically for any changes. If you do not accept these Terms and Conditions you are not authorized to access and use the Guudjob Channels.
Ownership and Intellectual and Industrial Property
Mapal Software SL, owns (© Copyright) the Guudjob Channels, as well as all its texts, trademarks, logos and other contents within the same, (hereinafter the “Content of Guudjob Channels”), unless otherwise indicated.
Guudjob owns and reserves all rights over the Content of the Guudjob Channels, in particular intellectual and industrial property rights. Guudjob is a registered trademark ® owned by Mapal Software SL and/or third parties. No content of the Guudjob Channels may be construed as granting or conferring, by implication, occupation, derivation, assignment or otherwise, any license or right over the Trademarks.
The concession or granting of a license or right on Guudjob’s Trademarks will be by means of a previous, express and written authorization by its owner.
The images or videos uploaded by the users are property of the users. In no case Guudjob will make use of the images or videos of the professional or user profiles without the express authorization of the user/s.
The users must have the Intellectual Property or the Right of Use of the contents uploaded in their profiles. In any case, Guudjob shall presume the right of the users to exploit the contents that they upload to their profiles or use within the Guudjob platform.
Guudjob, as a legal entity, will not be responsible for the possible images or contents uploaded by the users that could be against the rights of third parties or violate any applicable law, for which the natural person who has manipulated or published them will be responsible.
Disclaimer of warranties and limitation of liability
Mapal Software SL is a platform through which the assessment, communication and collection of feedback from and among Guudjob users is promoted and promoted. As a mediator, Guudjob does not guarantee the achievement of the users’ objectives, nor does it represent in any case any of them. The meaning of the content of the Guudjob Channels is presumed to be literal, and within the current legality. Guudjob is not responsible, therefore, for the errors to which such contents may lead, nor for what is guaranteed by them.
Guudjob is not responsible for the consequences that, derived from the contracts or from the use in general of its platform, cause (i) death or personal damages; (ii) fraud produced within the Guudjob platform; (iii) fraud or gross negligence on the part of any user.
Guudjob is not liable for damages, personal, economic or any other nature, arising from the use of Guudjob Channels and Content. Therefore, Guudjob is not liable for the actions or omissions of third parties that cause damage or harm of any kind and nature.
Guudjob, as a legal person, will not be responsible for the possible comments that could go against the right to honor, personal and family intimacy and/or self-image, for which the natural person who has made them will be responsible (Organic Law 1/1982 of May 5th, on the civil protection of the right to honor, personal intimacy and self-image).
Use of Guudjob Channels
Guudjob authorizes you to view, download and print the Content of the Guudjob Channels under the following conditions:
(i) you must do it exclusively for your personal use, and you may never use the content of the Channels for commercial purposes; (ii) it is forbidden to modify the Content of the Guudjob Channels; (iii) you must not remove or modify any mention or notice regarding the ownership of copyrights, trademarks, or any other provision on intellectual property included in the Content of the Guudjob Channels by Guudjob Worldwide SL; (iv) any sample or printed copy of the Content of the Guudjob Channels must be marked with “(©) 2023, Mapal Software SL All rights reserved. “; (v) you must not reproduce, create derivative works, communicate to the public, make available, distribute or display the Guudjob Channels Content, except as expressly permitted herein. Except as expressly permitted in these Terms and Conditions, you may not copy, transmit, reproduce, reproduce, publish, distribute or display the Guudjob Channels Content, Except when expressly permitted in these Terms and Conditions, copying, transmitting, reproducing, reproducing, publishing, republishing, exposing, communicating, transforming or redistributing the Content of Guudjob Channels or any part of it is strictly prohibited without prior express and reliable authorization from Guudjob. To request authorization, please contact Guudjob at the following address:
Mapal Software SL
TAX ID: B85594752
C/ Arte 21 Madrid, 28033, Spain
E-mail: [email protected]
You acknowledge and guarantee that the use you make of the Content of the Guudjob Channels will be in accordance with the license herein, not infringing the rights of third parties, not violating any legal or contractual obligation you have with other people, and not violating any applicable law.
By registering as a user of Guudjob, you affirm that you have the legal capacity to accept this contract and to use the Guudjob Channels in accordance with the Terms and Conditions contained in this contract.
The use of the Guudjob Channels, in accordance with these Terms and Conditions, is free of charge for its users. Only the value-added services specified by Guudjob will be charged, which are optional, being at the discretion of the users or clients their contracting and payment in case of interest.
However, Guudjob Channels may contain links to other websites or channels belonging to third parties, which may involve a cost.
The account created must be personal and non-transferable, and it is your responsibility to keep your username and password secret.
By becoming a Guudjob user, you agree to be responsible for the use of your profile as well as for the activity derived from your user. In order to avoid identity theft, relevant information, such as your password, should not be transferred. Should a third party use your user, please contact Guudjob immediately at the above address.
Guudjob is not responsible for any contracting and/or transactions made between its users, whether or not through its channels. Guudjob is therefore exempt from any liability, in particular labor or tax liability, for such contracts and/or transactions.
Guudjob is not responsible for the evaluations or comments made between users. The professional who receives a comment made by another user will be able to answer only once to each user who makes comment/s, unless he/she is a professional of a Premium company, in which case the capacity to answer belongs to the client company, (more information in the section Right to Reply). Likewise, any user who is part of Guudjob can report a public rating if he/she considers that the comment does not comply with the terms and conditions of use (more information in the section Content Reporting).
The average rating of a profile is the result of a qualification algorithm of the grades, ratings and comments collected in the professional profile. You accept unconditionally that this average rating is a true and real reflection of these evaluations. Guudjob works to avoid fraud and to offer an average rating figure that is closer to reality, according to the ratings and reviews made by other users.
In case a user deletes his or her user, the accumulated ratings and all the information related to that user will be deleted without the possibility of recovery.
CONTENT REPORTING
Policy of notification and removal of illegal contents
Guudjob works by facilitating a procedure of notification and removal of contents. If you have any objection or complaint regarding the material or content of Guudjob Channels, including complaints regarding users’ messages published on Guudjob Channels, or if you believe that the material or content published on Guudjob Channels violates any intellectual property right of yours, or goes against the physical or moral integrity of your person, please contact us immediately following our notification and content removal procedure.
Once the procedure has been initiated, Guudjob will carry out an investigation and, if the report is confirmed, the relevant steps will be taken to remove the illegal content within a reasonable period of time.
We offer users the option to report a rating, acknowledgment or comment by selecting “Report” by clicking on the corresponding icon next to the content to be reported.
In addition, users can notify or report a user’s misuse of Guudjob through the “Contact us” section of the user menu, being able to send a notification to Guudjob. Guudjob will evaluate such request, reserving the right to delete or remove any user, professional profile, content or image that has been sued, without prior notification.
Notification and Removal Procedure
Apart from denouncing contents as specified in the previous section, we provide the following procedure to notify Guudjob about defamatory contents or infringement of Intellectual Property Rights.
Statements that are true or show an honest opinion (as could be a negative review) need not generally be considered in itself to be defamatory. You should carefully consider the facts before making an accusation or filing a complaint or claim (and seek legal advice if you are in doubt), since a false accusation may be defamatory in and of itself.
Guudjob reserves the right to request verification of your identity and to find out more information about you in order to clarify the basis of your complaint. Please note that Guudjob will not be able to investigate complaints that are anonymous, that are incorrectly submitted or that do not contain sufficient information as required in the Notification Form below. We will do our best to identify defamatory content when it is reported to us, but we will not be liable if we are not provided with all relevant data or facts, or if such facts cannot be ascertained or investigated. Any personal data you provide to us will be used in accordance with our Privacy Policy; please review it before providing us with any personal data.
Notice: Any statements made may be used in legal proceedings. Any false, misleading or inaccurate information you provide may give rise to civil and criminal liability.
If you wish to notify Guudjob of an alleged defamatory statement contained in our digital channels, we recommend that you complete the “Notification Form to Guudjob about Defamatory Content”.
You must also include a daytime telephone number and your e-mail address, so that Guudjob can respond to your notification.
Guudjob Notification Form:
I, [indicate full name] with user in Guudjob [email] declare the following:
In relation to the Guudjob Channels I hereby notify Guudjob that through said digital channels I am causing or contributing to the publication of defamatory content or violating intellectual property.
In particular the content appearing in [indicate the content, and the location thereof].
The words, expressions or statements that I consider defamatory or infringing of intellectual property are: [please transcribe the words or expressions, for which you are complaining].
The user who created these contents is [user].
I consider these words, expressions, images, content or statements to be defamatory or infringing of intellectual property or defamatory content because [please state the reasons why you consider these words or expressions to be defamatory].
The defamatory words or expressions are untrue because [please state the reasons why the words or expressions you allege are untrue, and what you believe to be the correct or true statement of the facts].
[If the person signing this notice is acting for and on behalf of the Claimant, please include the following statement: I am authorized to act for and on behalf of the Claimant. The [person/entity]complaining that the words and statements are defamatory is [please indicate the name and address of the person/entity](hereinafter “Claimant”). I am [please indicate the relationship between you, as signatory of this notice, and the Complainant].
I declare that the claim and facts set forth herein are true, and I understand and agree that this notice may be used in a legal proceeding in connection with this claim for defamation or intellectual property infringement.
Links to other websites
Guudjob Channels may contain links to third party websites. The linked sites are not under the control of Guudjob, and Guudjob is not responsible for the contents displayed on such linked sites.
Guudjob Channels may contain links to third party websites. The linked sites are not under the control of Guudjob, and Guudjob is not responsible for the content of the linked sites.
The publication in the various link profiles does not imply acceptance, approval, sponsorship or affiliation with the linked site. The linked sites are owned and operated by other independent service providers or merchants, and Guudjob cannot assure your complete satisfaction with the products, services or business practices of these third parties. You should make whatever inquiries you deem relevant or appropriate before entering into any transaction with these third parties.
Use of internal and external communications between users of Guudjob Channels.
Guudjob Channels may contain and allow its users to publish ratings and/or reviews or comments of up to 500 characters with professional experiences, as well as the publication of messages of a general nature or other communications in the app’s internal chat or through telephone contact.
As a user, you expressly agree to use the Guudjob Channels only to send messages that are appropriate and in accordance with the specific topic for which the function was created. As well as to issue evaluations in accordance with reality, always complying with the applicable legislation.
Guudjob does not edit or control the content of the messages published or broadcasted in the Guudjob Channels as a general rule. Guudjob is not responsible for the telephone calls made between users (in case they have provided their telephone number).
In any case, Guudjob reserves the right to remove or modify, at our sole discretion and without prior notice, any message/publication of the users on Guudjob Channels.
The following is a non-exhaustive list of the kind of messages prohibited on Guudjob Channels. Guudjob reserves the right to modify this list at any time, and to investigate and take, unilaterally, the appropriate legal action against anyone who violates this provision, including, without limitation, the removal of communications that may offend and canceling the right of such violators to use Guudjob Channels.
The following message contents, among others, will not be accepted in Guudjob Channels:
All those that go against the Fundamental Rights, laws and good customs.
Offensive contents to the “Guudjob” community, that promote racism, intolerance, hate or any form of violence, either against individuals or against a group of people;
Harass or encourage the harassment of other people;
Involve the sending of “junk e-mails”, “chain letters” or mass unsolicited mailings or “spam”;
Are defamatory or libelous;
Contain information that you know to be false, misleading or that encourages illegal activities or promotes conduct that is abusive, intimidating or obscene;
Promote the making of illegal or unauthorized copies of another person’s copyrighted works, such as those that offer pirated software or links to pirated software, those that provide information to circumvent anti-copying systems, or those that provide pirated music or links to pirated music;
Contain passwords to restricted access pages, or images or hidden pages (those that have not been linked to or from other accessible pages);
Provide information about illegal activities such as buying or building illegal weapons, violating the privacy of others, or providing or creating computer viruses;
Provide information about illegal activities such as buying or building illegal weapons, violating the privacy of others, or providing or creating computer viruses;
Constitute or advocate conduct that would be considered criminal, or give rise to civil liability, or otherwise be contrary to law or infringe the rights of any third party anywhere in the world; or
Pornographic, partially nude, discriminatory or sexually suggestive content and images.
Sending signed contracts, or content certifying that a service has been contracted through Guudjob channels.
Postings that involve commercial activities and/or sales without our prior written consent, such as contests, lotteries, sweepstakes, barter, advertising or pyramid strategies.
The contact details must be correct and correspond to your person. If the email or phone number included is reported by users for not being correct, we may terminate your user.
By sending or distributing contents in the Guudjob Channels, you expressly irrevocably assign to Guudjob and its possible affiliates, all those rights necessary to communicate and make available to the public such user contents, which may be freely used, copied, published, translated or distributed in any medium or form by any person, including in advertisements or in connection with commercial activities, without the need for prior authorization from you.
You agree not to send or distribute any information or material that is protected by intellectual property rights of third parties, without the express consent of such third parties, and you agree to indemnify and hold Guudjob harmless against any claim arising from the breach of this obligation.
Right to reply
As a general rule, any professional who has received a review can leave a reply to this comment. In case it is pejorative, Guudjob reserves the right to delete the reply.
In the case of professionals working for a company that is a client of Guudjob (Premium), the employee cannot publicly reply to the comments on his own. The company may do so (1 time), indicating that the company is the entity that responds.
In the case of professionals working for a company that is a client of Guudjob (Premium), the employee cannot respond publicly on his own to the comments. The company may do so (1 time), indicating that the company is the entity that responds.
In any case, the public right to reply cannot be exercised in those cases in which the user who makes the evaluation decides to make it private (option available only in evaluations with grade 1 or 2), or when the Premium client company has opted for evaluations that are always private.
Communications between users and between users and professional profiles
Guudjob offers the following communication options between users:
Chat (Private): Internal system of the application for sending messages between users. Companies that have contracted Guudjob’s Premium services will be able to contact users who have rated employees of their company. At no time will the person’s email address be revealed.
Phone (Public): The professional profiles are not obliged to include their phone number, which in the case of including it, will be public for the person who wants to contact the professional. If the professional works for a company that is a client (Premium Company) of Guudjob, that professional will NOT be visible or contactable by Guudjob users, neither by chat, nor by phone in his/her professional profile of that company. Likewise, Guudjob is not responsible for the use that other users may make of the telephone number published in a profile.
Any personal information that you communicate to us through the Guudjob Channels will be treated in accordance with our Privacy Policy.
Specific conditions for premium company profiles
In Guudjob there are both self-employed and employed profiles, i.e. company employees. Within the companies, there are those that voluntarily access a paid service to analyze and manage their employees’ information through a tool / dashboard. In the case of these companies, a series of specific conditions apply to the profiles belonging to these organizations, which are detailed below:
In the event of sponsorship or contracting of the “Premium Company” Product by an entity in favor of a specific company(ies), said sponsoring or contracting entity may access via dashboard to the data and contents of the professionals of the company(ies) it has sponsored or contracted in its favor.
The information of each professional profile (employee) is property of the employee, who will be able to modify his data, delete or unpublish his professional profile and user whenever he wishes. In case of being an employee of a PREMIUM company, the company may request the activation of functionality in the dashboard to make modifications to the following employee data: photograph, position/profession, and branch/workplace.
Premium companies that choose to create users and profiles of their employees, must have their consent and these must be approved by these users / profiles in advance. To do so, they will receive an email (or other communication) requesting the approval of the terms of use, or they will fill out a form (web or paper).
Premium companies may request Guudjob to remove a profile (employee) as an employee of that company. In this case, it will become an individual profile (not associated to the company), and the employee will be able to continue managing his/her profile with the accumulated ratings and references, except for the information generated through the Guudjob Internal Recognition functionality, in case the Client has contracted this functionality (internal ratings between members of the Client company), information that will be property of the Client company.
Premium companies may request that a particular profile be associated with their company, including the transfer of an employee from another company to their company. In this case, the profile must accept the request.
The premium companies, as well as any of their profiles may report any comment or rating received, being Guudjob responsible for analyzing such reports in order to take decisions to unpublish them when the terms and conditions of use of the Guudjob application are violated.
The profiles of premium companies will not be visible or contactable for users external to the company. Users of the same company can contact each other through the internal messaging / chat service of the application.
Guudjob is in no case responsible for the information and contents generated and published either by the profiles themselves or by users who make evaluations or comments.
Applicable law and competent jurisdiction
Guudjob Channels (excluding links to third parties) are controlled by Mapal Software SL and administered by Mapal Software SL from its offices located in Madrid, Spain.
By publishing, accessing and/or using these Guudjob Channels, as a user of Guudjob you expressly agree that all disputes, claims and other matters arising from or related to your use of the Guudjob Channels will be subject to the laws in force and applicable to the Spanish territory, member of the European Union, without prejudice to the principles governing conflicts of laws.
You agree that all claims or complaints you may have against Mapal Software SL arising from or related to the operation or use of the Guudjob Channels will be resolved by the competent court located in Madrid, Spain. The above will not be applicable in those cases in which the law of your country of residence requires the application of another law or jurisdiction, as long as it is not possible to contractually exclude this legal provision.
Modifications of Terms of Use
Guudjob reserves the right to modify, add to or delete these Terms and Conditions at any time and unilaterally, either partially or in full, if deemed necessary, due to legal reasons, general regulations or technical reasons, or due to changes in the services provided or in the nature or disposition of the Guudjob Channels. Guudjob will inform you of such changes within a reasonable period of time. You hereby expressly agree to be bound by these Terms and Conditions as amended.
Guudjob reserves the right to change, suspend, or terminate at any time any aspect of the Guudjob service, including the availability of any feature, facility, database or content. Guudjob may also impose limits on certain facilities and services or restrict your access to certain parts or all Guudjob Channels or any other Guudjob Channel, without prior notice and without incurring any liability, either for technical or security reasons, to prevent or avoid unauthorized access, loss or destruction of data, or when we believe, in our sole discretion, that you have breached these Terms and Conditions or any applicable law or regulation, and when Guudjob decides to suspend the provision of a service.
YOUR CONTINUED ACCESS TO GUUDJOB FROM NOW ON, OR FROM THE PUBLICATION OF ANY NOTICE OF CHANGES, WILL IMPLY YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS, INCLUDING ANY CHANGES THAT MAY HAVE BEEN MADE.
CONDITIONS OF USE OF MOBILE DEVICES
Some parts of Guudjob’s mobile software may use copyrighted material, the use of which is acknowledged by Guudjob. In addition, there are specific conditions that apply to the use of certain Guudjob mobile applications.
Access by you to the services associated with geolocation must always be previously approved. These notifications are made at the beginning of the use of the app, in the user registration, or whenever a specific functionality requires it and has not been previously approved.
When geolocating you, your position will be located on the map as well as the professional profiles reflected in your previous search.
The Guudjob mobile application will ask you for access to your photo and video gallery, if you want to upload them in any of the functionalities.
The Guudjob mobile application will ask you for access to your contact list if you want to use their phone number or email to send them a communication.
The geolocation of your usual place of work may have errors. This functionality is associated to the capacity of your cell phone, being Guudjob exempt of any responsibility.
Guudjob is not responsible for phone calls with a hidden number.
The proximity data of a profile may not be exact.
Your location on the map may not be exact.
When registering via Facebook, your first name, last name, email, and photo will be included in your user registration.
When registering via Google, your first name, last name, email and photo will be included in your user registration.
If any part or clause of these Terms and Conditions is declared null or void, including, in particular, the disclaimer of warranties and limitations of liability mentioned above, the clause so declared shall be deemed to be replaced by that other clause which is valid and which comes closest to the intentions of the original clause, and the remaining parts of these Terms and Conditions shall remain valid.
Guudjob may assign, transfer, subcontract or delegate rights, obligations or duties respecting the content of these Terms and Conditions, accepted by the users.
As a user, you acknowledge and accept that no partnership, employment or agency relationship or joint venture exists between Guudjob and you.
These Terms and Conditions are only available in the language of the Guudjob Channels. The Terms and Conditions that you personally accept are general and will not be stored individually for each user.