These General Conditions of Use and Contracting (hereinafter, "the General Conditions") govern the access and use of the website accessible through the domain name https://hireflix.com and its subdomains (hereinafter, "the Website"), as well as the contracting of goods and/or services through the same. Simple access to the Website confers the status of user of the same (hereinafter, "the User"). If the User does not agree with these General Conditions, he/she must immediately leave the Website without using it.
By accepting these General Conditions the User declares:
- a) That he/she has read, understands and accepts the above.
- b) That, in the event that he/she intends to contract any goods and/or services, he/she has sufficient capacity to do so.
- c) That, in the event of acting on behalf of a legal entity, he/she has sufficient power of representation in force for this purpose.
- d) That he/she is of legal age.
1. General website information
General information about the Website is given below:
- Owner: HIREFLIX, S.L. (hereinafter referred to by its trade name, “HIREFLIX”).
- Registered office: Travessera de Gracia, 15 - floor sob, door 2, 08021 Barcelona, Spain.
- N.I.F.: B-67189183
- E-mail: firstname.lastname@example.org.
- Registry data: Inscrita en el Registro Mercantil de Barcelona al Tomo 46365, Folio 95, Hoja B-517676.
2. Access to the Website
Simple access to the Website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
For the correct reading and interpretation of these General Conditions, the following words are given the meaning described here:
- User: The natural or legal person who contracts with HIREFLIX.
- Services: online video interview activity provided by HIREFLIX and contracted by the User.
- Service Provider: HIREFLIX is the legal entity providing or performing the Services.
- Candidate: Natural person who is interviewed by the User through the Services provided by HIREFLIX.
4. Rules of use of the Website
The User undertakes to use the Website and all its content and services in accordance with the provisions of the law, morality, public order and these General Conditions, and not to use them for illicit or criminal activities that infringe the rights of third parties and/or violate any applicable legal regulations.
The User undertakes to:
- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violates human rights.
- Not to introduce or disseminate on the network data programmes (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognised constitutionally and in international treaties.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
- Not to transmit unsolicited or unauthorized advertising, advertising material, "junk mail", "chain letters", "pyramid structures", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for this purpose.
- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.
- Not to impersonate other Users by using their registration codes for the different services and/or contents of the Website.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Website or third parties.
- Not to register duplicated accounts unless explicitly approved by Hireflix. Hireflix reserves the right to block or eliminate duplicated accounts without notice.
- Not to register annonymous accounts, or using generic (gmail, yahoo...) or disposable email addresses (mailinator...). Hireflix reserves the right to block or eliminate non verifiable accounts.
- Not to inpersonate another person, entity or institution.
- Not to register in order to conduct market research, competitor analysis or product or UX-UI analysis
- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation.
- The User undertakes to hold HIREFLIX harmless against any possible claim, fine, penalty or sanction that HIREFLIX may be obliged to bear as a consequence of the User's breach of any of the rules of use indicated above, and HIREFLIX reserves the right to request the corresponding compensation for damages.
5. Web Content and services linked through the Website
The Website may contain technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, "Linked Sites"). In these cases, HIREFLIX shall only be liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of their unlawfulness and has not deactivated the link to them with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he/she may notify HIREFLIX.
Under no circumstances shall the existence of Linked Sites presuppose the formalization of agreements between HIREFLIX and those responsible for or owners of the same, nor the recommendation or promotion of the Linked Sites and/or their contents by HIREFLIX. Unless expressly stated otherwise on the Website, HIREFLIX is not aware of the contents and services of the Linked Sites and, therefore, shall not be liable for any damages that they may cause to the User or any third party.
6. Intellectual and industrial property
All the contents of the Website, including, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of HIREFLIX or third party licensors, and none of the exploitation rights recognised by the current legislation on intellectual property on the same may be understood to have been transferred to the User.
The User declares that he/she is the sole author of all photographs, images, texts and/or comments (hereinafter, "User Content") that he/she publishes or sends through the sections of the Website provided for this purpose, guaranteeing that the use of the same on the Website does not infringe the rights of any third party. The User grants HIREFLIX, free of charge, the rights of public communication, reproduction, distribution and transformation of said User Content, in all existing forms of exploitation up to the date of acceptance of these General Terms and Conditions. This assignment is made for the universal territorial scope and for the time corresponding to your lifetime and seventy years after the death or declaration of death of the User.
The trademarks, trade names and other distinctive signs published on the Website are owned by HIREFLIX or by third party licensors and / or licensors, without any rights over them being transferred to the User.
7. Procurement of services
7.1. Main features of the services
The main characteristics of the services offered through the Website can be consulted in the descriptive sheet with which they are presented.
7.2. Procedure for the procurement of services
The language in which the contract may be formalized is English. The procedure for subscribing to services through the Website is as follows:
- User registration using the online form.
- Account confirmation using the link sent to the registered email address.
HIREFLIX will keep electronic proof of the purchase made by the User, who will be able to consult the history of subscriptions made through his/her account.
The User is responsible at all times for the safekeeping of his or her password, assuming any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and/or the use of the services and contents of the Website carried out under the User's password shall be deemed to have been carried out by the User.
7.4. Correction and identification of data entry errors
If the User forgets to correctly fill in any of the information indicated as compulsory in the corresponding form, he/she will not be able to progress in the contracting or validation process until he/she has completed it. A message on the screen will warn the User of this circumstance.
You may modify and/or update the data provided during the purchase process at any time, before its completion, by going back to the desired step.
By accessing your account, the User may modify and/or update at any time the data provided at the time of registering as a user of the Website.
7.5. Price and methods of payment
The prices indicated for each good and/or service in its corresponding file do not include, unless expressly stated otherwise, Value Added Tax (VAT) and, in any case, are expressed by default in US Dollars.
HIREFLIX is a paid service for the User. HIREFLIX "Small" and "Medium" plans are only allowed for companies focused on using HIREFLIX to screen candidates that they will then hire on a full-time basis (not as contractors and/or freelancers).
All other use cases must use the "Custom" plan, which is priced on a case-by-case basis. Pricing will be based on the number of interviews completed per month, their length and the use of SMS-WhatsApp notifications.
The payment methods available on the Website are as follows:
- Credit or debit card.
8. Right of withdrawal
The User has the right to withdraw from the contract concluded with HIREFLIX within fourteen calendar days without giving any reason.
The withdrawal period shall expire fourteen calendar days after the day indicated below:
- a) In the case of a sales contract: from the day on which the User or a third party indicated by him acquires the material possession of the goods or the provision of the service.
In order to exercise the right of withdrawal, the User must notify HIREFLIX of his decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
In order to comply with the withdrawal period, it is sufficient that the communication concerning the User's exercise of this right is sent before the expiry of the withdrawal period.
8.1. Consequences of withdrawal
In the event of withdrawal by the User, HIREFLIX will refund to the User all payments received from the User, and in any event no later than 14 calendar days from the date on which HIREFLIX is informed of the User's decision to withdraw from the contract. HIREFLIX will proceed to carry out such reimbursement using the same means of payment used by the User for the initial transaction, unless the User has expressly provided otherwise; in any case, HIREFLIX will not incur any costs as a result of the reimbursement.
8.2. Cases in which the right of withdrawal does not apply
In accordance with the provisions of Article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the User may not withdraw from contracts relating to:
- a) The provision of services, once the service has been fully performed, and if the contract imposes a payment obligation on the User, when the performance has begun, with the prior express consent of the User and with the knowledge on his part that, once HIREFLIX has fully performed the contract, he will have lost his right of withdrawal.
9. Complaints, claims and requests for information
The User may address his/her complaints, claims and/or requests for information to HIREFLIX, using any of the following channels:
- b) By sending a letter to Travessera de Gracia, 15 - floor sob, door 2, 08021 Barcelona, Spain.
- c) By sending an e-mail to email@example.com.
HIREFLIX has official complaint/complaint/complaint forms that the User can request.
10. Invalidity and ineffectiveness of clauses
If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null and void or ineffective, and these General Conditions shall remain in force in all other respects and such provision or part thereof shall be deemed not to be included.
11. Applicable law and competent jurisdiction
These General Terms and Conditions shall be governed by and construed in accordance with Spanish law.
The User and HIREFLIX agree to submit any dispute arising from the use of the Website, or the contracting of goods and/or services through the Website, to the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction to which they may be entitled.