Terms and Conditions of Use
Acting through its global affiliates, HCAI Technology Inc. (collectively, “The Levee Group”) offers a technology platform through which it is possible to recruit candidates for job vacancies, by approaching employees and employers (“Services”).
The Services are provided through this website and local language country affiliate websites accessible through this website (each, a “Website”) operated by The Levee Group, mobile applications (each, an “App”) and through communication via SMS, WhatsApp, Facebook Messenger and e-mail (“Communication Channels”).
If the user (in this case “You” or “User”) uses the Services provided through a Website, an App and/or the Communication Channels, You are expressly agreeing and also agreeing to the Additional Terms and Conditions (Part II, below).
These Terms and Conditions of Use may be changed at any time and the user will be informed in advance if this happens. If the User does not agree to any change made to these terms, we recommend that you stop using the Services. If you do not interrupt your use of the Services, you will be deemed to accept these Terms and Conditions of Use.
It is very important that any User reads and understands these rules, as well as other rules that may be applicable. By using our Services, you assume and expressly agree to these Terms and Conditions of Use.
It is possible to browse part of a Website and/or an App without being registered in the User account, in which case the General Conditions (Part I below) will apply.
Anyone who uses our Services, which includes a simple visit to a Website and/or an App, as well as contact through the Communication Channels, assumes and expressly agrees to these Terms and Conditions of Use.
1.1. The Services are intended for: (i) capable individuals who are looking for employment opportunities (“User-Applicant”); and, (ii) legal entities that are offering employment opportunities (“User-Employer”). The User-Candidate and the User-Employer, when referred to jointly, are simply referred to as Users for the purposes of these Terms and Conditions of Use.
- Availability of Services
2.1. The Levee Group will make its best efforts to ensure the greatest possible availability of its Services. However, The Levee Group is not responsible for any unavailability of a Website, in an App, in the Communication Channels or in any of its Services, for any period of time.
2.2. Access to the Services may be interrupted, suspended or temporarily intermittent, without any prior notice, in case of system or server failure, maintenance, system change or for any reason that escapes the control of The Levee Group, without any due repair by it.
3.1. The Levee Group will strive to keep the content of a Website, App or Communication Channels up to date and complete, free from any defects or viruses. However, The Levee Group is not responsible for these and other possible problems. The Levee Group may change the content of a Website, App or Communication Channels that suits it at any time, without prior notice.
3.2. Some of the information available on a Website in an App and/or Communication Channels is generated and transmitted by third parties, without the involvement or responsibility of The Levee Group.
3.3. The User agrees to use the Services in good faith, without using, uploading, transmitting or sending from a Website, an App or the Communication Channels or to a Website, to an App or to the Communication Channels any material:
(A) That is of a violent or threatening nature, defamatory, obscene, offensive, pornographic, abusive, liable to incite any form of racial hatred, discriminatory or in violation of the privacy of a third party;
(B) For which all the necessary licenses or approvals have not been obtained by the User;
(C) That constitutes or incites conduct that may be considered criminal or civil offense, that violates the rights of third parties either in Brazil or abroad or that is merely illegal in any other form;
(D) That are technically harmful, including, but not limited to, computer viruses, macros, “trojan horses”, worms, malicious components, corrupted data and other malicious computer programs or data or that are designed to interfere with, interrupt or overturn the normal operations of a computer; and,
(E) That aims to defraud, conceal or compromise the choice of Users regarding the contracting of the Services, either by the creation of false profiles, violation of security protocols or any other means.
3.4. Users must ensure that the use of the Services is not detrimental to the stability and availability of a Website, App or Communication Channels. If this occurs, the User in question may be held responsible for the damages to which he causes.
3.5. The Levee Group may be required to cooperate with authorities and judicial procedures aimed at identifying Users who act in non-compliance with the provisions of this item in which case it will cooperate.
3.6. The Levee Group may, at any time and at its sole discretion, add or remove content and functionality from a Website, an App and/or the Communication Channels without this characterizing, in any form, offense to the acquired rights of Users.
- Intellectual Property Rights
4.1. The commercial use of the names, drawings and expressions, including our business names such as “HCAI”, “Levee” or “The Levee Group”, brands or domain names, as well as the contents of the screens relating to the Services as well as the programs, databases, documents and other utilities and applications are the property of The Levee Group and are protected by all applicable laws.
4.2. Improper use and total or partial reproduction of the contents referred to in Item 4.1 above is prohibited. If you wish to use any of these contents, the User must contact us before doing so. Using any content mentioned herein without the prior and express authorization of The Levee Group may result in criminal and civil liability.
5.1. The Website, App or Communication Channels may contain links to other websites and Internet features, without this meaning that these websites are owned or operated by The Levee Group.
5.2. The Levee Group will not be responsible for the content, practices and services offered by these websites, and their use will be made at the risk of each User.
5.3. The availability of links to other websites does not imply a relationship of partnership, supervision, joint venture, solidarity or guarantee of The Levee Group towards these websites and their contents.
- Other Conditions
8.1. HCAI Technology Inc. is a company incorporated in Delaware, USA and a Website and its Services are created and maintained in faithful compliance with applicable laws.
8.2. If The Levee Group ceases to exercise any right provided for in these Terms and Conditions of Use, this shall not be construed as a waiver, abdication or revocation of the provision contained in these Terms and Conditions of Use.
8.6 You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or a Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF A WEBSITE, ITS CONTENT, AND ANY SERVICES THROUGH A WEBSITE IS AT YOUR OWN RISK. A WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH A WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE LEVEE GROUP NOR ANY PERSON ASSOCIATED WITH THE LEVEE GROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF A WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE LEVEE GROUP NOR ANYONE ASSOCIATED WITH THE LEVEE GROUP REPRESENTS OR WARRANTS THAT A WEBSITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT A WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT A WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE LEVEE GROUP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8.7. THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE LEVEE GROUP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, A WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON A WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- The Levee Group contacts
9.1. Notifications, correspondence, request for information or any other reason to contact The Levee Group should be forwarded to [add address].
9.2. The User can also contact us through the following email@example.com.
Additional Terms and Conditions for Users
When the User uses a Website, an App and/or the Communication Channels to apply and/or disclose vacancies, these Additional Terms and Conditions must be observed.
- About The Levee Group
10.1. The Levee Group, by only providing an online platform for job vacancy announcements, has no responsibility for the vacancies advertised and/or for Users who apply for or disclose vacancies through a Website and/or an App.
10.2. No individual or legal person other than The Levee Group is authorized to charge any fee on behalf of The Levee Group.
- Conditions Applicable to the Services
11.1. Registration and Registration
11.1.1. To access the Services, the User must register through a Website or an App, providing their personal information.
11.1.2. The User’s registration is personal and non-transferable.
11.1.4. The User acknowledges and agrees that The Levee Group may also disclose the information made available by it to third parties in an anonymized manner, without expressly identifying them.
11.1.5. The Levee Group employs the best practices in the market to ensure the security of the User’s registration, however, the confidentiality and security of the password to access a Website and an App is the sole and exclusive responsibility of the User.
11.1.6. When the User registers on a Website or in an App, the User certifies that all the data provided is true, complete and accurate.
11.1.7. Pro providing incomplete, inaccurate or false information constitutes a violation of the duties of these Terms and Conditions of Use, and the User is entirely responsible for the damages to which such violation causes.
11.1.8. The Levee Group may need more information and documents about the User at any time, either to better identify him or to conduct internal steps, in which case the User will be required to provide them. Failure to promptly provide such information and documents when requested will constitute a violation of these Terms and Conditions of Use.
11.1.9. In addition to the above, the User acknowledges that The Levee Group may obtain information from the User through commercial partners, other companies, government databases, social networks or public areas on other sites on the Internet.
11.1.10. The Levee Group may use all lawful forms to verify, at any time, whether the information the User has provided is true.
11.1.11. If The Levee Group finds at any time, automatically or manually, that the information is in any way incomplete, inaccurate or false, the User may have his account suspended or canceled, at the sole discretion of The Levee Group, without prejudice to other measures that are applicable.
11.1.12. The information that the User uses to fill out the registration may change, and the User assumes the commitment to keep it always up to date, requesting its change to The Levee Group as soon as any modification occurs.
11.1.13. The request to change the User’s registration data must be sent directly to The Levee Group through the Call Center.
11.2. About the Services
11.2.1. After registering on a Website and/or an App, the User may apply directly to the employers for the available vacancies that are interested and/or disclose vacancies, as the case may be.
11.2.2. In addition, The Levee Group platform will also automatically check with Users-Employers the compatibility of Users-Candidates with the available vacancies.
11.2.3. In addition, Users-Candidates who have met the requirements to receive job proposals can receive free invitations to interviews or work each time a company wants to contact them for a vacant position.
11.2.4. The scheduling of work interviews may be carried out: (i) through the mobile phone, via SMS message or via instant messaging applications, such as, but without any limitation, WhatsApp and Facebook Messenger, if so expressly authorized in the registration by the User; (ii) through an App, including through push or in-app notification; and/or (iii) through a Website; and/or (iv) through a Communication Channel.
11.2.5. Until the moment of confirmation of the interview by the employer, the User-Candidate may request to The Levee Group, at no cost, the cancellation of his application. In this case, the User-Candidate must send the request directly to The Levee Group through the Call Center.
11.3. Of The Vacancies
11.3.1. Some data and information related to the vacancies advertised on a Website and/or in an App are provided by the Users-Employers without any involvement of The Levee Group. The Levee Group will not be responsible for the veracity and completeness of such data and information provided by the User-Employer for disclosure.
11.3.2. After scheduling an interview using the Levee Group Services, the Levee Group may allow the User-Candidate to access information relating to the Users-Employers, such as name, address and other information, provided that it is expressly authorized by the Users-Employers. The User-Candidate expressly acknowledges that such information is provided by the Users-Employers
11.3.3. Without prejudice to any preliminary tests that may be applied by The Levee Group, Users expressly acknowledge that The Levee Group is not and will not be responsible for any monitoring or supervision of the practices and policies adopted for the recruitment, selection or hiring of the User-Applicant by the User-Employer.
11.3.4. The information and notices offered by The Levee Group to the User-Candidate in relation to changes in the general characteristics of the vacancies (e.g. change of location, time, remuneration and other characteristics linked to the vacancies) must always be confirmed by such User. The Levee Group has no obligation to offer the User-Candidate such information, and may do so at its discretion.
11.3.5. The Levee Group has no obligation to notify the changes mentioned in the previous item, and it is always recommended that the User-Candidate consult from time to time any changes in the description of the vacancies announced on a Website, in an App and/or in the Communication Channels.
11.4. Rights and Obligations of the User
11.4.1. Users acknowledge and agree that they will be solely responsible for the form, content and accuracy of any resume and/or vacancy that is made available on a Website, an App and/or the Communication Channels. In the same way, Users are solely responsible for their posts on a Website, in an App and/or for messages sent through the Communication Channels.
11.4.2. When the User-Candidate schedules an interview with a requesting company, he undertakes to comply with the agreement by attending the interview. The Levee Group has the right to remove from the database and refuse the future service for the User-Candidate who does not attend a meeting without prior notice or notification to the User-Employer.
11.4.3. Users are guaranteed the possibility of express request to The Levee Group to change their data or content belonging to it, in accordance with Item 11.1.12 of these Terms.
11.4.4. By submitting content to any public area or on the site, including bulletin boards, forums, social networks and chat rooms, Users grant The Levee Group and its affiliates, free of charge, irrevocable, transferable (to third parties), and non-exclusive (including any moral rights) a license to use, reproduce, modify, adapt, publish, translate, distribute, or communicate to the public.
11.5. Forbidden practices
11.5.1. Users accept and undertake to use the Services without:
(A) Violation of these Terms and Conditions of Use and any other provisions relating to the use of the Services; and,
(B) Violation of any law or rule in force in the Brazilian legal system.
11.6. Exclusions of Liability
11.6.1. Users expressly acknowledge that The Levee Group, by only facilitating the approximation between candidates and employers, is not responsible for issues intrinsic to the characteristics of the advertised vacancies, the characteristics and/or hiring of Users, which includes, but is not limited to:
(A) Completeness, veracity, accuracy or reliability of the information of the vacancies and/or resumes announced on a Website and/or an App;
(B) Ability of companies to offer employment opportunities to candidates and/or the inability of candidates to fill vacancies;
(C) Behavior of candidates in interviews or employment relationships; or,
(D) Compensation or reparations for damages suffered by the User as a result of the contracts.
11.6.2. The Levee Group is expressly guaranteed the right of return if it bears any compensation relating to Item 11.6.1 above.
11.6.3. The Levee Group does not confirm or warrant, expressly or implicitly, with respect to any aspect, including the merchantability, suitability, originality, compatibility or results arising from the use of the Services for a particular use or purpose or that the operation of the Services will be uninterrupted and error-free.
11.6.4. In no event shall the amount of damages due by either party include, and neither shall either party be liable for, any lost profits or indirect damages, or for damages caused to third parties, subject to the other provisions set forth in these Terms and Conditions of Use, even if such Party has been warned of the possibility of such damages in advance.
12.2. The Levee Group may suspend User registration when the use of the Services violates any condition established by these Terms or by another provision regarding the use of the Services.