Please read these terms and conditions carefully before using Our Service.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- “Agency” means WorkinSpain a business located in Spain whose registered office is at Monteclaro 1, La Manga Club, Murcia 30389 Spain;
- “Candidate” means any person being an individual who is a work seeker using the Services for the purposes of finding a employment position;
- “Client” means any person, firm or company including any associates or subsidiaries to whom the Candidate may be introduced with a view to the Client employing the Candidate; and
- “Services” means the employment agency services provided by the Agency to the Candidate as set out in these Terms and Conditions.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any communication effected by electronic transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and any Schedules as amended or supplemented at the relevant time;
1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions; and
1.2.5 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3 Words imparting the singular number shall include the plural and vice versa.
2. The Contract
2.1 Any and all business entered into by the Agency is subject to these Terms and Conditions and in the event of any conflict with any other Terms and Conditions these terms shall prevail unless agreed otherwise in writing by the Agency.
2.2 The Candidate shall be deemed to have accepted and agreed to be bound by these Terms and Conditions upon their submission of any information or data to the Agency.
2.3 Accordingly, a contract on these Terms and Conditions shall be deemed to come into existence between the Agency and the Candidate, following receipt of these Terms and Conditions by the Candidate, upon submission by the Candidate to the Agency of any information or data.
2.4 The Agency may update these Terms and Conditions from time to time for legal or regulatory reasons. The Agency shall make reasonable efforts to notify Clients and the Candidate of the occurrence and the details of any such changes.
2.5 These Terms and Conditions supersede all previous terms of business.
3. The Services
3.1 The Candidate shall have the facility to browse vacancy advertisements and apply for any vacancies that it so chooses.
3.2 The Agency shall provide its services to the Candidate as an employment agency and at no cost to the Candidate. The Agency is engaged and paid by its Clients to fill vacancies.
3.3 The Agency shall inform the Candidate of any and all vacancies for which the Candidate is suitable and which meet the Candidate’s requirements.
3.4 Whilst the Agency shall use its reasonable endeavours to inform the Candidate of vacancies that meet the Candidate’s requirements, it does not undertake or guarantee that any such vacancies will be available or that it shall inform the Candidate of all or any particular available vacancies.
3.5 Whilst the Agency requires its Clients to ensure that all information that the Clients provide to it is complete, accurate and up-to-date, the Agency does not undertake or guarantee that the vacancy advertisements and other information made available to the Candidate will be complete, accurate or up-to-date.
3.6 If the Agency finds a vacancy that the Candidate wishes to accept, the Candidate must carefully check the employment contract and any offer letter they receive from the Client. The Candidate acknowledges and agrees that the terms and conditions contained in those documents will constitute their terms of employment, that those documents take precedence over other communications regarding their offer of employment, and that it is the Candidate’s sole responsibility to raise any queries or discrepancies with the Client before accepting any employment contract / offer letter.
4. Vacancy Notifications
4.1 If the Candidate has chosen to receive email updates of vacancies that are relevant to them from the Agency, the provisions of this Clause 4 shall apply.
4.2 The Agency shall send emails to the Candidate from time to time and they shall contain information of vacancies submitted to the Agency within the previous month which match the Candidate’s criteria.
4.3 The Agency shall be under no obligation to send such emails and it does not give any guarantee with regard to the number of vacancies featured in each email.
5. Candidate Information
5.1 In order to use the Services, the Candidate must provide details and information which shall include, but not be limited to:
5.1.1 their identity;
5.1.2 contact information;
5.1.3 date of birth if under the age of 22;
5.1.4 qualifications (including, but not limited to, any required by law or any relevant professional body);
5.1.5 any necessary authorisations and permits;
5.1.6 training, experience and employment history;
5.1.8 the Candidate’s confirmation that they are legally entitled to work in the location and vacant position to be filled, and, where required by the Agency, evidence of all the foregoing matters.
The Agency requires such details in order to match the Candidate with the appropriate Clients and vacancies.
5.2 The Candidate must ensure that all information submitted to the Agency is, to the best of their knowledge, true, accurate, complete, and up-to-date.
5.3 In the event that the information submitted to the Agency by the Candidate becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to the Agency as soon as is reasonably possible.
5.4 Where any of the information submitted to the Agency by the Candidate contains details which could be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Agency prior to the Candidate submitting the information to the Agency.
6.1 When applying for a vacancy, the Candidate must ensure that they:
6.1.1 understand the complete details of the vacancy;
6.1.2 understand the requirements of the vacancy;
6.1.3 meet the requirements of the vacancy;
6.1.4 possess any requisite qualifications required by the vacancy; and
6.1.5 have obtained or applied for any relevant permits or authorisations.
6.2 When completing forms or any other application documents, the Candidate shall ensure that the details included on the form are to the best of their knowledge, true, accurate, complete and up-to-date.
6.3 The Agency shall forward the Candidate’s details and information to a Client for the purpose of the relevant vacancy only and shall only do so with the Candidate’s express permission. In the event that the Candidate wishes to apply for multiple vacancies to the same Client, they must submit a separate application for each vacancy.
6.4 The Agency may in its discretion decide not to forward any application by the Candidate to any Client if the Agency considers the application not to conform to the requirements of these Terms and Conditions.
7. How We Use Your Personal Data (Data Protection)
7.1 All personal data that the Agency may use will be collected, processed, and held in accordance with the provisions of Data Protection Legislation and the Candidate’s rights thereunder.
“Data Protection Legislation” means all applicable legislation in force from time to time in Spain applicable to data protection.
7.2 For complete details of the Agency’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Candidate’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Agency’s Privacy Notice available from its website.
8.1 The Agency shall not be liable to the Candidate for any of the following:
8.1.1 The loss of any information, data, CVs or other materials submitted by the Candidate;
8.1.2 Any errors or inaccuracies present in the information presented to the Candidate including, but not limited to, vacancy advertisements;
8.1.3 The failure of the Candidate to secure employment with any of its Clients whether caused by the negligence of the Agency, its employees or agents, or any other cause;
8.1.4 Any loss or damage of any kind, howsoever caused arising out of the negligence, misconduct, dishonesty, breach of faith or breach of contract on the part of any Client; and
8.1.5 Any loss or damage of any kind, howsoever caused arising out of any material submitted to the Agency by the Candidate.
8.2 If the Agency is in breach of these Terms and Conditions, it shall only be responsible for any losses to the extent that they are foreseeable to both the Candidate and the Agency as a consequence of such breach.
8.3 Notwithstanding, sub-Clause 8.2, the Agency shall not in any event be liable for any business losses such as lost data, lost profits or business interruption.
8.4 Nothing in these Terms and Conditions shall exclude or otherwise restrict the Agency’s liability either for death or personal injury arising out of its own negligence or for fraud.
The Candidate shall indemnify the Agency against any costs, liability, damages, loss, claims or proceedings incurred or sustained by the Agency which arise out of the Candidate’s use of the Services (including results achieved or unachieved), the Agency’s submission to any Client of any incorrect or incomplete information provided to the Agency by the Candidate (whether or not that information is required by these Terms and Conditions), or the Agency’s submission to any Client of any application made by the Candidate for a vacancy where that application contains any incorrect or incomplete information provided to the Agency by the Candidate, or any breach of any of these Terms and Conditions by the Candidate.
10. Force Majeure
Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing any of their obligations thereunder where such failure or delay results from any event, cause or circumstance that is beyond the reasonable control of that Party. Such event, cause or circumstance includes, but is not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, epidemic, pandemic or other natural physical disaster, acts of terrorism, acts of war, governmental action or any other similar or dissimilar event that is beyond the control of the Party in question.
11.1 All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Agency or by the Candidate.
11.2 Notices shall be deemed to have been duly given:
11.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
11.2.2 when sent, if transmitted by e-mail and a successful return receipt is generated; or
11.3 All notices these Terms and Conditions shall be addressed to the most recent address or e-mail address notified to the other Party.
12. Relationship of Parties
Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership, the relationship of principal and agent (other than the agency necessarily arising by law by virtue of the Agency acting as an employment agency), or of employer and employee between the Agency and the Candidate.
13. Third Parties
Nothing in these Terms and Conditions shall confer any benefit on or be enforceable by any party that is not a party to these Terms and Conditions.
In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
15. Modification and Entire Agreement
15.1 The Agency may modify these Terms and Conditions at any time. In the event that it makes any modifications, it shall forthwith publish details of them on the Agency´s website. It shall also send an email to the Candidate detailing the modifications.
15.2 If the Candidate does not agree to be bound by any modified terms and conditions the Agency introduces, the Candidate must immediately cease using the Services upon publication of those modified terms and conditions.
15.3 These Terms and Conditions as modified in accordance with this Clause 15 shall represent the entire agreement between the Candidate and the Agency, and it supersedes all previous agreements, terms, conditions, representations or claims which may have been made or agreed upon between them.
16. Law and Jurisdiction
16.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Spain.
16.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts Cartagena, Spain.