conditions-of-use
TERMS AND CONDITIONS OF USE OF THE “INDITEX CAREERS” WEBSITE
1. INTRODUCTION
These terms and conditions (the “Inditex Careers Conditions”), together with the Privacy Policy and the Cookie Policy (hereinafter jointly, the “Data Protection Policies”), govern access to and use of the “Inditex Careers” website job portal and each and every web page located under the domain “inditexcareers.com”, and their respective subdomains and subdirectories (hereinafter, the “Website” or “Inditex Careers”).
The Website is operated by INDUSTRIA DE DISEÑO TEXTIL, S.A. (INDITEX, S.A.), a Spanish company, with registered office at Avda. de la Diputación, Edificio Inditex, 15143 Arteixo (A Coruña), corporate tax code A-15075062, registered with the Mercantile Registry of A Coruña in Volume 964 of the Archive, General Section, Folio 17, Sheet C-3342, Entry 1 (hereinafter, “INDITEX”). INDITEX is the parent company of a group of companies (hereinafter, the “INDITEX Group”).
The purpose of the Website is to provide those who access and use Inditex Careers (hereinafter, individually, a User, and jointly, the Users) with access to job offers from the different companies of the INDITEX Group, and to allow companies of the INDITEX Group to access the CVs of registered Users under the terms and with the requirements set out on the Website.
Access to the Website and use of its contents and services constitutes your agreement to and implies your full and unreserved adherence to the Inditex Careers Conditions in force and published on the Website at the time the User accesses it. It also constitutes your confirmation that you have legal capacity to agree to these Inditex Careers Conditions.
The latest version of the Inditex Careers Conditions may be consulted at any time on the Website. If the User decides not to accept the Inditex Careers Conditions in force, they must refrain from accessing the Website and/or using the contents and/or services available on the same.
INDITEX reserves the right to change these Inditex Careers Conditions. Users will be kept informed of any major changes made through easily accessible and visible notices on the home page. The amendments made will not be backdated and, subject to any exceptions which may apply in a specific case, will enter into force 14 days from the date of their publication. Amendments made for legal reasons will enter into force immediately.
The Inditex Careers Conditions will be available in any of the browsing languages, according to the choice of the User.
2. PURPOSE OF THE INDITEX CAREERS CONDITIONS
2.1 The purpose of these Inditex Careers Conditions is to regulate access to and use of the Website as well as the relationship between Users and INDITEX arising from use of the Website.
For the purposes of these Inditex Careers Conditions, the following will be understood as comprising the Website: (a) the external appearance (or “look and feel”) of the screen interfaces, both statically and dynamically (i.e. the navigation tree); (b) the elements integrated into the screen interfaces and in the navigation tree, including but not limited to those texts, images, sounds, databases, multimedia products, interpretations, artistic executions, fixations, photographs, broadcasting signals and, in general, all those creations and objects and creations expressed through whatsoever means or medium, whether currently known or invented in the future, whether or not subject to protection through a legal ruling governing intellectual or industrial property or any other similar legal systems (the “Contents”) and all those online services or resources that may be offered to Users (the “Services”). The Website and the Content and Services forming part of the website, are provided free of charge.
2.2 INDITEX reserves the right to modify, at any time and without prior notice, the presentation and layout of the Website and of the Contents and Services incorporated therein, without prejudice to any rights possibly available for the User under the applicable mandatory consumer laws. The User acknowledges and accepts that INDITEX may at any time interrupt, deactivate and/or cancel any of the Content and/or Services that form part of the Website.
2.3 Each time you use this Website you will be subject to the prevailing Privacy Policy, and you should review this text to ensure that you are in agreement with it.
3. SPECIFIC CONDITIONS
3.1 Access to and use of certain Content and/or Services may be subject to conditions, disclaimers, guidelines and regulations for use which, previously brought to the User's attention and acceptance, and as applicable, will replace, complete and/or amend the Inditex Careers Conditions contained herein (hereinafter, the “Specific Conditions”). Access to and use of said Contents and/or Services will therefore constitute your agreement to and imply full adherence to the Specific Conditions that regulate them in the version published and in force at the time when the User accepts them; such Specific Conditions are automatically incorporated into these Inditex Careers Conditions.
3.2 In the event of any contradiction between the terms and conditions stated in the Inditex Careers Conditions and the Specific Conditions, the terms agreed in the latter instrument will always prevail with regard to those incompatible terms and solely with regard to those Content and/or Services subject to such specific regulation.
4. ACCESS TO CONTENT AND SERVICES
4.1 To access the Website, the User must: (i) have access to the network; (ii) pay the corresponding access and connection fees to the network provider in consideration for access to the network; and (iii) have the equipment and computer systems necessary to connect to the Network.
4.2 For proper access, viewing and implementation of certain Website Content and Services, it may be necessary to download and install certain computer programs or other logic elements. Such installation will be at the User’s expense, and INDITEX rejects, to the fullest extent permitted by law, any kind of liability arising therefrom.
4.3 The User undertakes not to access the Contents and/or Services of the Website by any means other than the screen interface that INDITEX provides to access them.
5. SERVICE ACTIVATION
5.1 For access to certain Contents and/or Services, INDITEX may require User activation by sending a registration form and, where appropriate, the acceptance of certain conditions. In this case, the User must provide the requested information and follow the activation process established to access the Content and/or Services in question.
In connection with the activation process, the User undertakes to: (i) provide true, accurate and complete data; and (ii) update the activation data so that they are true, accurate and complete at all times. As a username or password, the User must not choose words and/or expressions which, in general, would be contrary to the law or to the requirements of morality and generally accepted good customs and, in general, words and/or expressions that are subject to any right that excludes the use of the same by the User.
If the User provides any false, inaccurate or incomplete information, or if INDITEX has sufficient grounds to suspect that such information is false, inaccurate or incomplete, or is contrary to the law or to the requirements of morality and generally accepted good customs, INDITEX will be entitled to cancel the activation and deny access to present or future use of the Website or of any of the Content and/or Services incorporated therein.
5.2 Your Inditex Careers User account is personal and non-transferable.
Your Inditex Careers ID is your email address and User password(s). We therefore recommend that you use a personal e-mail account and that you keep your passwords confidential at all times.
If you become aware of any unauthorised use made of Inditex Careers with your User account, please inform us immediately by sending an e-mail to soporte@inditexcareers.com
5.3 The User undertakes to make diligent use of their Username and password, and not to disclose either. It is the exclusive responsibility of the User to maintain the confidentiality of their Username and password, personally assuming responsibility for any activities that are carried out or that take place through the use of the same.
5.4 You can disable your account at any time using your username and password. The User acknowledges and accepts that INDITEX reserves the right to disable those profiles that are inactive or which do not comply with these Inditex Careers Conditions governing use of the Website.
6. WEBSITE USAGE GUIDELINES
6.1 The User undertakes to use the Website and the Content and/or Services incorporated therein diligently and correctly. Likewise, the User undertakes not to use the Website: (a) for the performance of activities contrary to the law, morality, good customs or established public order; and (b) for illicit, prohibited or harmful purposes or effects on the rights and interests of third parties. INDITEX rejects, to the fullest extent permitted by law, any liability that may derive from the foregoing.
6.2 The User acknowledges and agrees to use the Website and the Content and/or Services only for the purposes for which they were created. It is expressly forbidden for the User to authorise third parties to use all or part of the Website or to introduce and/or incorporate the Contents and/or Services as, or in, their own business activity.
The use or application of any technical, logical or technological resources through which Users may directly or indirectly benefit from the unauthorised exploitation of the Contents and/or Services of the Website is expressly prohibited.
6.3 The User undertakes not to damage, render useless, overload or impair the equipment and computer systems or telecommunications equipment of INDITEX or of any third party, or the contents incorporated and/or stored therein.
6.4 The User will refrain from using the Contents and Services in any way that may damage, render useless, overload or impair the Website or prevent its normal use or enjoyment by other Users.
6.5 It is very important that the information you provide through free text fields, as well as in the files, links or documents provided, does not contain confidential or particularly sensitive information, such as: your racial or ethnic origin; your ideology or political, religious or philosophical convictions; your affiliation to political parties or trade unions; your physical or mental health, biometric data or genetic configuration; your sexual orientation or sex life; criminal record or behavior; social security number or personal identification number, etc.
If you provide us with this type of information, you accept liability for potential risks to your privacy.
If this type of information is detected, we will proceed to delete it from our systems and in no case will it be taken into consideration for the selection processes. For further information about the processing of your data please consult the Privacy Policy.
6.6 The User undertakes not to modify INDITEX’s equipment and systems in any way, nor to use versions of modified equipment and systems in order to obtain unauthorised access to any Service and/or Content of the Website.
6.7 The User undertakes not to interfere with or interrupt access to and use of the Website, servers or networks connected to it, or fail to comply with the requirements, procedures and regulations of the network connection policy.
7. WEBSITE CONTENTS AND SERVICES
7.1 Information about Inditex Careers
The User is aware of and accepts that any details relating to Inditex Careers or the companies of the INDITEX Group available on the Website are provided for merely informational purposes and are at no time binding upon INDITEX. The information provided by INDITEX has been obtained from reliable sources. However, despite having taken reasonable steps to ensure that such information is not erroneous or misleading, INDITEX does not state or guarantee that it is exact, complete or up to date, and it should not be relied upon as if it were.
7.2 Personal Information
The fact that a person has an active account in Inditex Careers in no case implies approval or acceptance by INDITEX or by any company of the INDITEX Group for the recruitment of said person.
For further information on the processing of your data please consult the
7.3 Information provided by third parties
7.3.1 The Website may include information or content provided by sources other than INDITEX. INDITEX neither guarantees nor assumes any liability for the certainty, completeness or accuracy of such information and/or contents.
7.3.2 The User acknowledges that INDITEX may retain and disclose the information that it stores or makes available to third parties on the Website provided that it is: (i) required to do so by the competent authorities and bodies; (ii) necessary to enforce the Inditex Careers Conditions; (iii) suitable or necessary to respond to complaints relating to violations or infringements of rights; (iv) in accordance with the provisions of the Privacy Policy, or (v) suitable or necessary to protect the legitimate interests (to the extent applicable under local data protection laws) of INDITEX, its Users and the general public.
8. CONTENTS AND SERVICES UNRELATED TO THE WEBSITE
8.1 The Website may provide Users with access to technical link devices, directories and search engines that allow them to access web pages belonging to and/or managed by third parties.
8.2 The sole purpose of installing these links, directories and search engines on the Website is to make it easier for Users to search for and access the information, content and services available on the Internet.
8.3 The establishment of the link does not imply the existence of relations between INDITEX and the owner of the web page in which it is established; nor does it imply the acceptance and approval by INDITEX of such contents or services.
8.4 Unless expressly stated otherwise, INDITEX does not offer or market by itself or through third parties the information, contents and/or services available on the linked pages, nor does it previously control, approve or supervise them or claim them as its own. Accordingly, the User must exercise extreme caution in the assessment and use of the information, contents and services available on the linked pages.
8.5 Given that INDITEX has no control over the pages accessed through the links on the Website, the User acknowledges and accepts that INDITEX assumes no liability whatsoever, to the fullest extent permitted by law, for the content or services that the User may access in said pages or for any product marketed therein.
9. GUARANTEES AND LIABILITY
9.1 Unless the applicable Law expressly requires otherwise, or there is an express indication to the contrary, the User expressly acknowledges and accepts that INDITEX does not grant any undertaking, representation, warranty or guarantee, either express or implicit, regarding the Website or the Contents and Services incorporated therein, including, but not limited to: (a) the uptime and continuity of the operation of the Website and, in particular, although not exclusively, that Users may effectively use the Website, the Contents and the Services, and access the different web pages that make up the Website or those from which the Services are provided; b) the levels of quality, interoperability and functionality of the Website, as well as the Services and/or Contents that it incorporates; (c) the interruption, suspension or cancellation of access to the Website and to the Contents and/or Services that it incorporates; (d) the adaptation for a specific purpose of the Website and of the Services and Contents incorporated into the same; (e) the certainty, integrity, accuracy and/or updating of the Contents, Services, products, text, graphics, links or any other elements included on the Website, as well as the results that may be obtained from access and/or use of the Website or of its Contents; (f) INDITEX expressly rejects any liability for error or omission in the information contained on the Website, as well as any lack of veracity, accuracy, thoroughness, pertinence and/or updating of the Contents; (g) unauthorized access and alteration of the data stored and transmitted through the Website or the Services offered in this regard; (h) the absence of any viruses or other elements in the Contents that could cause alterations in the computer system (software and hardware) or in the electronic documents and files stored in its computer system. Without limit to the foregoing, and to the fullest extent permitted by law, INDITEX gives no statement, representation or warranty of any kind, whether express or implied as to the veracity, accuracy, thoroughness, pertinence and/or updating of the Contents and expressly rejects any liability for error or omission in the information contained on the Website.
9.2 The User is aware of and accepts that use of the Website, the Services and the Contents takes place, in any case, under their responsibility, to which end they will adopt all those measures necessary to minimize the risks, including the introduction of the security measures required to guarantee antivirus and data retrieval procedures. Accordingly, unless the Law expressly imposes the opposite and exclusively to the extent to which it imposes it, INDITEX does not guarantee or assume any responsibility with regard to access to and use of the Website or the Content and/or Services incorporated therein.
9.3 Nothing in these Conditions shall exclude or limit liability of Users or INDITEX which may not be excluded by law of the place where the User is domiciled.
10. FORCE MAJEURE
Without prejudice to the foregoing, INDITEX will not be liable for any delays or failures that may occur in the access, operation and operability of the Website, its Contents and/or Services, or for any interruptions, suspensions or malfunctions of the same, when these are caused by malfunctions caused by any situation of force majeure or unforeseeable circumstances.
11. INTELLECTUAL, INDUSTRIAL AND OTHER PROPERTY RIGHTS
11.1 Applicable Legislation
The Website, as well as the Contents, Services and elements integrated therein, are the property of or under the control of INDITEX, and are protected, without any limitation, by the intellectual and industrial property laws of the Kingdom of Spain and by any applicable international Treaties and Conventions.
11.2 Property of INDITEX
INDITEX is the exclusive owner of all intellectual, industrial and similar property rights of the Website. Likewise, INDITEX or any of the companies that make up the INDITEX Group reserves all rights over any Content, Services or elements of its property that are incorporated in the Website. For merely illustrative purposes, this includes:
- those elements that make up the visual appearance, graphic image and other sensory stimuli of the web pages that make up the Website;
- browsing architecture;
- the source codes of the web pages;
- photographs;
- recordings;
- computer programs;
- database;
- technology;
- logos and
- distinctive features.
All of this, as a whole, is hereinafter referred to as the “Property”.
11.3 Third-party Property
The User acknowledges and accepts that they may find Content and Services on the Website that are owned by INDITEX or by third parties whose rights are protected by the applicable legislation on intellectual and industrial property, rights to exploit the commercial and advertising value of the image and other similar rights, as the case may be.
11.4 Rights Notices and Rights Protection Measures
The User undertakes not to remove, delete, alter, manipulate or in any way modify:
- Those notes, legends, signs or symbols that either INDITEX or the legitimate owners of the rights incorporate into their properties in matters of intellectual or industrial property (such as, for example, copyright, ©, ® and ™, etc.).
- Technical protection or identification devices that the contents may contain (e.g. watermarks, fingerprints, etc.).
12. PROPERTY LICENCES
12.1 The User acknowledges that by virtue of these Inditex Careers Conditions, INDITEX does not assign or transfer to the User any rights over its Property or over any property of third parties. INDITEX only authorizes the User to access and use the same in accordance with the terms set out in these Inditex Careers Conditions.
12.2 INDITEX authorizes Users to access and browse the Website, using the Services and viewing the Content incorporated therein.
12.3 Users are not authorized to copy, distribute, transmit, communicate, modify, alter, transform, assign or in any other way carry out activities that entail commercial use of the Website, its pages, Contents or elements that make it up, whether partially or totally, without the express written consent of the legitimate owner of the exploitation rights.
12.4 Access to, viewing and, where appropriate, downloading of Content and/or Services by the User will always and in any case be carried out for strictly personal and non-commercial purposes.
12.5 INDITEX reserves all rights over the Property and accordingly does not grant any licence or authorization for use to the User over the Property other than that expressly detailed in this clause.
13. LINK LICENSING
Users and, in general, those who intend to establish a link between their web page and the Website must comply with the following conditions detailed below. Any link other than that stipulated in this clause will require INDITEX's prior written acceptance.
The User cannot reproduce or copy, in whole or in part, the content of the Website, or the graphic appearance (“look and feel”) of the same, or make frames (“frames”) or assembled links (“link inline”) of the pages of the Website.
The User shall not create any browser, frame, setting or browser bar on the pages of the Website.
The user shall not make any false, inaccurate, incorrect or denigrating statements or indications about the Website, INDITEX or any of the Properties of INDITEX and, in particular, INDITEX shall not declare or in any way, directly or indirectly, imply or indicate that INDITEX collaborates with and/or has in any way supervised or assumed in any way the contents or services offered or made available on the web page on which the link is established.
The User shall ensure that the web page on which the link is established will not contain any trademark, trade name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to INDITEX, with the exception of those signs which form part of the same link or those other Properties previously licensed in writing by INDITEX
The User shall ensure that the web page on which the link is established will not contain information or contents that are unlawful, contrary to morality, generally accepted good customs and public order, nor any contents or services that are contrary to any third party rights.
14. LICENCE TERMINATION
INDITEX reserves the right to terminate or modify the licences granted under these Inditex Careers Conditions, at any time and for any reason, with effect from a date following the exercise of such right by INDITEX. Your use of the Website, the Content and/or the Services following any such modifications constitutes your agreement to such modifications. Without prejudice to the foregoing, INDITEX may take legal action against any use on the part of the User who:
- does not conform to the terms and conditions specified herein;
- infringes or violates the intellectual and industrial property rights or other similar rights of INDITEX or of any other legitimate third party; or violates any applicable laws.
The User will be obliged to modify or remove immediately from their web page any Property of INDITEX or to remove any link to the Website, when required by INDITEX.
15. TRANSFER TO THIRD PARTIES
15.1 The User shall not cede, delegate, assign, transfer, encumber or subrogate the rights and obligations established in these Inditex Careers Conditions to or in favor of third parties.
15.2 INDITEX may cede, delegate, assign, transfer, encumber or subrogate, totally or partially, the rights and obligations derived from the Inditex Careers Conditions to or in favor of third parties.
16. APPLICABLE LAW AND COMPETENT JURISDICTION
16.1 All matters that may arise from access to and/or use of the Website will be understood to be regulated and interpreted in accordance with Spanish legislation without prejudice of more favorable provisions that may be applicable to the User by virtue of the law of its domicile.
16.2 If the User’s domicile is outside Spain, INDITEX and the User submit to the non-exclusive jurisdiction of the competent Courts in the Kingdom of Spain.
17. NOTICES
Unless otherwise indicated and unless otherwise required by applicable law, all notices, requests, agreements, consents, acceptances, approvals or communications which are necessary in accordance with the provisions of these Inditex Careers Conditions or which, in one way or another, are related to the same, must be in writing and sent by e-mail to soporte@inditexcareers.com
18. FOR FURTHER INFORMATION
For any additional information, suggestions or proposals, please contact us at soporte@inditexcareers.com.