1 – OWNERSHIP OF THE WEBSITE, ACCEPTANCE AND UPDATES OF THE TERMS OF USE.

1. Welcome to HipHap (hereinafter referred to as “HipHap”, the “Company”, or the “Site”).
2. The owner of the website www.hiphap.es is the company HipHap Talent Plataform S.L. (hereinafter referred to as “HipHap”), Urb Cancela de la Quinta, Edf 1, Local 1-2, Calle Agua Marina, 29670, Marbella Malage with identification number B56979537.
3. You can contact HipHap via email at [email protected]
4. HipHap is a recruitment Site dedicated to the hospitality sector allowing for rapid employment of candidates into last minute shifts, regular shifts or permanent jobs.
5. By registering on HipHap and using the Site, you are entering into a legally binding agreement with HipHap, S.L. based on the this Terms of Use and the HipHap Privacy Policy, and becoming a HipHap user (“User”).
6. If you are using HipHap on behalf of a company, our relationship may be governed by this Agreement as well as an additional separate agreement.
7. If you do not wish to become a “User” of HipHap, please do not click on “Create Job Seeker Profile” or “Sign Up” and do not access, view or use any HipHap webpage or service. Any use you make of the Site or related services confirms your acceptance of, and agreement to be bound, by the present Terms of Use and our “Privacy Policy“.
8. The Company may amend or modify these Terms of Use at any time. We consequently encourage you to check the Site periodically for any changes or updates. In any case, we will contact you to communicate any modifications which substantially affect the contents of these Terms of Use.

Therefore, you should periodically visit this page and review the most up-to-date version of the “Terms of Use”.

2 – DESCRIPTION OF SERVICES

HipHap provides a variety of online services to Users, including but not limited to:

(i) How it Works: A page for all Users, with a description of how to use the Site for both Job Seekers and Employers.

(ii) Create Job Seeker Profile: A form for Job Seekers to create a profile of their experience and desired job details, which will be available for searching, viewing and receiving communications from potential employers.

(iii) Hospitality Training School link: This is a link to external, third party training schools for qualifications in the hospitality sector. Any courses provided by the schools or companies found via these links will be agreed and paid directly between the job seekers and the training school, and HipHap has no oversite or control of these schools and does not have any liability or responsibility for the costs, the completion or content of these courses.

(iv) Visa Requirements and Legal Links: This is a link to external, third party lawyer. Any advice or information provided by the lawyer or companies found via these links will be agreed and paid directly between the job seekers and the lawyer directly, and HipHap has no oversite or control of the lawyer and the advice provided and does not have any liability or responsibility for the costs, content or advice.

(v) Find a Candidate: This is a section that allows Employers, once subscribed to the HipHap site to search for candidates, communicate with them directly and hire new employees. The communications between the job seekers and employers is between the two parties and is not governed by HipHap and HipHap has no responsibility for these conversations, the hiring, payroll, employment contracts or related employment payroll taxes, such payments, taxes and contracts will be solely the responsibility of the Employer.

(vi) Manage Resumes: This is a section for Job Seekers to be able to manage their profile and update, edit or change their Resume, job seeking criteria, and more.

3 – CONDITIONS OF USE AND PROPER USE OF HipHap

3.1 HipHap may be accessed and used by:

(i) Internal Recruiters and company managers or owners looking to connect with and hire talents from the hospitality industry, after having selected a membership type and paid all related potential fees due to HipHap.

(ii) Job Seekers from the hospitality industry, to create a profile and show employers your availability for work and openness to being approached directly by perspective employers on the HipHap site.

3.2. You agree to use the HipHap Site according to what is established in the present Terms of Use and not engage in any of the following prohibited activities:

• Copy, modify, host, stream, sublicence, or resell the HipHap services.
• Enable or allow others to use the Services using your account information.
• Impersonate another person or otherwise misrepresent your affiliation with a person or entity, engage in any fraudulent action, hide or attempt to hide your identity.
• Use the Services to build any kind of database or for any commercial solicitation purpose.
• Collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
• Use any data mining or similar data gathering and extraction methods in connection with the Services.
• Access or attempt to access the Services by any means other than the interface we provided or authorized.
• Upload or share any content that is illegal, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, part of a crime or illegal activity, violating anyone´s privacy or hateful.
• Attempt to disable, impair, harm or destroy the Services.
• Upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
• Publish any person’s identification documents or sensitive financial information, or any personal information of third parties without their consent.
• Upload, post, transmit, or otherwise make available any content, that you do not have a right to make available under any law or contractual relationship.

You further warrant that:

• You have not been prohibited from having a HipHap account
• You are not a competitor of HipHap nor using the Site for reasons that are in competition with HipHap (the Site may not be used or linked to by third-party recruiters or by any party charging a fee for access to this Site or any information comprised in this Site)
• You are not already registered on HipHap (only one account is permitted at a given time)
• You have full power and authority to enter into these “Terms of Use” and not violating any other agreement to which you are a party, and not violating any rights of HipHap.

3.4. HipHap reserves the right to deny access to the Site for any or no reason. Additionally, HipHap reserves the right to expel Users and prevent their future registration on the Site for violating these Terms of Use or the law.

4 – OBLIGATIONS OF USERS

4.1. To use the Site, you must agree to be bound by the “Terms of Use” and comply with all applicable laws.

4.2. You declare that you are of legal age to enter into this Agreement and that you are fully competent and have the legal capacity to enter into this Agreement.

4.3. You declare that all the data, information and contents you provide are accurate and up-to-date.

4.4. You own and are responsible for all the information you provide and post on HipHap. You may request its deletion at any time, unless you have shared content or information with others and they have not deleted it, or it was copied or stored by other Users. By providing information to HipHap, you represent and warrant that you are entitled to submit such information that it is accurate and updated and representative of your own profile or resume, education and work backgrounds/your company or hotel school. Users will only submit and post content or information on HipHap which is related to the lawful purposes of the Site as referred in Section 3 of these “Terms of Use”.

4.5. It is your responsibility to use the search criteria available on the Site to filter the Job Seekers’ profiles. You agree to use such criteria in a manner that complies with all applicable laws and regulations.

4.6. You must not submit content that is false, abusive, obscene, indecent, harmful, hateful, or that might be construed as harassment, that could embarrass anyone, or could motivate unlawful conduct.

4.7. You must not delete or modify any material posted by any other User on the HipHap.

4.8. You must not collect, use, or share any content or information on HipHap Users, except as expressly permitted in the “Terms of Use” or by the user of such content or information.

4.9. You must not add content to a content field that is not intended for such field on HipHap (including but not limited to personally identifiable information: telephone number, first and/or last name, email addresses, street addresses).

4.10. You must not upload a symbol, drawing or any content other than a head-shot photograph of yourself for your personal profile photo.

4.11. You must not upload a symbol, drawing or any content not directly related to your organization in your organization profile photos and logo.

4.12. You must not rent, lease, trade or sell/resell access to HipHap or any content and information therein.

4.13. You must not communicate, share or distribute content or information of HipHap and its Users with third parties found on the HipHap site and/or of its Users.

4.14. You must not post, upload, transmit, or share any content that contains viruses or that can damage the Site or affect any HipHap User.

4.15. You must not violate or attempt to violate the security, efficiency, or integrity of the Site in any way.

4.16. You must not post or transmit any unsolicited advertising, promotional material, “spam”, junk mail, or any solicitation without the prior written consent of HipHap.

4.18. You must not create, either manually or electronically, a database with information and content posted on HipHap

4.19. You own and are responsible for keeping your password and login details secure and confidential. You are responsible for anything that occurs through your account on the Site until you cancel it or prove that your account security was compromised with no fault of your own. No User shall create more than one account on HipHap without prior written consent of HipHap.

5 – USER INFORMATION

5.1. You agree and acknowledge that HipHap may access, store, and disclose any information you provide when you register (or ask to get registered) or use the Site, if required by law or in a good faith belief that it is necessary for legal purposes to enforce this Agreement, respond to claims of violation of the rights of third parties, respond to customer service inquiries or protect the rights, property or security of HipHap, our Users, or the public.

5.2. Users can edit, at any time, the content and information they post on the Site, including but not limited to their resume, company profile, photos, news and postings, attachments, links, feeds and job offers. The Users can also edit the visibility of such content and information by the distinct user types of the Site. All information that you provide to us is protected under and subject to our “Privacy Policy“, which is published and available on this Site (Privacy Policy).

5.3. For Restaurants, Bars, Hotels, Golf Clubs and other employers, you grant the right to HipHap to mention the organization as a HipHap member/partner and to use or display your organization’s name, logo or pictures on the Site. You further grant to HipHap the right to use or display your organization’s name, logo or pictures in promotional materials.

6 – USER COMMUNICATIONS AND POSTS

6.1 The Site has been designed for employers in the hospitality sector including but not limited to restaurants, bars, hotels, golf clubs and job seekers to easily interact and find jobs/candidates. Communications between the parties may not be initiated for any reason except those directly related to this purpose. However, Users acknowledge that there are risks in dealing and communicating with strangers and agree and assume all risks associated with such dealing and communications linked to their use of the Site.

6.2 HipHap offers Users various ways of posting information, files, links, updates, news, social media feeds, observations and comments, such as the employer profile or job seeker profile pages, or the Attachment and Other sections of the Users profiles on the Site. HipHap cannot guarantee that other Users will not access and use such content and information. Consequently, you must refrain from posting information on HipHap which you would like to keep confidential or which may infringe third-party rights. The Company cannot be held responsible for a User’s use or appropriation of any content or other material you post on the Site.

7 – PRIVACY AND COOKIES

7.1. You should read carefully our “Privacy Policy” and must do it prior to joining the Site, as it governs our processing of any and all information provided by you to HipHap. You acknowledge and agree that your submission of information or material is voluntary on your part.

7.2. Review our “Cookies Policy” which describes the purposes and types of cookies we use to enhance your experience.

8 – INTELLECTUAL AND INDUSTRIAL PROPERTY AND CONTENT REGULATIONS

8.1. You acknowledge and agree that all the contents of the Site, including, but not limited to, all information, data, text, software, sound, music, photographs, video, graphics, messages or other materials, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
HipHap is the holder of the intellectual and industrial property rights, or has obtained the corresponding authorizations or licenses required for exploiting the domain name, the trademarks and distinctive symbols, the contents published, including all texts and images, and the remaining works and inventions associated to the Site and the technology associated to the same, as well as with regard to the contents. These domain names, trademarks, distinctive symbols, contents, remaining works and inventions cannot be used, reproduced or copied in any way without the previous explicit permission in writing of HipHap.

8.2. The ownership of all the contents, replies, and comments added by Users on the HipHap Site belongs to their corresponding authors.

8.3. The User agrees that all the contents and information added on the HipHap Site will be published and will be freely available to the rest of the users of the HipHap Site without any limitation.

8.4. The User declares and/or warrants that it owns all rights to publish the User’s contents on the Site, and thereby authorizes HipHap to communicate to the public, use, and exploit the publication in the format that HipHap shall deem adequate without any temporal or territorial restrictions.

8.5. The HipHap Site compiles and displays the content and information posted and transmitted by its Users and HipHap cannot be held responsible for the consequences of such postings and transmissions. HipHap does not preview, review, edit or monitor the content submitted by the Users on the Site. Consequently, the Users acknowledge that any reliance whatsoever on any material or communication posted or transmitted by other Users is at their own risk.

8.6. HipHap reserves the right (but shall have no obligation) to remove, or reject any content or communication submitted by any User on the Site for any reason, at any time and without notice. Any such decision by HipHap shall not be subject to negotiation, debate or refund.

8.7. HipHap cannot be held responsible or liable for the content, material and references of third party websites provided on the Site. Any concern regarding such content, material and any other reference should be directly addressed to the third party.

9 – PAYMENTS

9.1. All payable fees to HipHap are presented to you within the Site and/or sent to you via email. The prices shown on the website or via email are expressed in the currency stated at the time of the purchase and include taxes which are applicable at all times and by territory unless clearly stated otherwise.

9.2. The fees are directly payable by credit card, debit card, bank transfer, standing order or direct debit. The purchased service / subscription will not take full effect until the payment of the service is received by HipHap. HipHap reserves the right to modify its pricing policy at any time outside of a signed up to subscription period.

9.3. HipHap does not have access to bank information related to the means of payment and does not know or keep data during the payment transaction.

HipHap has no obligation to refund any amounts in any circumstances, unless otherwise stated in these “Terms of Use” or agreed in writing with the Company.

9.4. Self-Service Payment and Invoicing

Invoicing

Users have the right to request the invoice by sending a written communication to HipHap at [email protected].

Online Purchases

HipHap reserves the right to reject any online purchase order submitted by the User in case of reasonable suspicion of fraudulent or criminal activity concerning the use of HipHap’s products and services.

Right of Withdrawal

You will not be able to exercise your withdrawal right if the performance of the purchased services has begun (e.g., if you purchase a subscription and HipHap activates the service), upon consent and acknowledgment that you thereby lose your withdrawal right.

10 – TERM AND TERMINATION

10.1. For Job Seekers, you have free access to our Site and you may terminate your use of the Site and this Agreement for any or no reason and at any time by deleting your profile.

10.2. HipHap may terminate your use of the Site and this Agreement for any or no reason, including, but not limited to, a violation of these “Terms of Use” or your failure to pay any fees due to the Company, at any time, and with no compulsory prior notice.

10.3. Termination of your HipHap account includes disabling your access to the Site and may also prevent you from any future potential use of the Site.

10.4. HipHap may also discontinue providing the Site or any part of the Site at its sole discretion, at any time and with or without prior notice. In such event, you agree that HipHap may deactivate or delete your account and related content/information and that all fees and other amounts paid to the Company are non-refundable, except as otherwise defined in these “Terms of Use” or in any written consent provided by HipHap.

10.5. For companies, the term of this agreement related to paid services commences upon the effective purchase date and expiration is subject to the service duration which will be set as standard of 12 months, unless specifically offered by HipHap on a discounted trial basis. Unless HipHap is otherwise notified to the contrary, the agreement will automatically be renewed with the same services than the preceding year. If the prices or other conditions were to change, HipHap will inform you accordingly. If you do not wish to renew your contract, you need to inform HipHap using a written form (post, email) at least 90 days (unless your contract states contrarily) before the contract expires for employers / companies.

11 – DISCLAIMER OF WARRANTIES

11.1. You agree and acknowledge that the Site and all information and services are provided on an “as is” and “as available” basis without any express warranties or representations.

11.2. HipHap is not responsible and makes no representations or warranties that the Site and its services meet your expectations, that it functions without interruption or error in functioning. HipHap disclaims all liability for damages caused by and such interruption or error in functioning. Furthermore, HipHap disclaims all liability for any malfunctioning, impossibility of access or poor use conditions of the Site due to inappropriate equipment, disturbances related to internet service providers or to the saturation of the internet network, and for any other reason.

11.3. HipHap makes no warranty that the Site or any server through which you access the Site is free of viruses or other harmful components. Any content or material downloaded or obtained through the use of the Site is at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such content or material.

11.4. HipHap makes no representations or warranties that there will be any minimum number of users with resumes or companies with job offers on the Site, and that the information disclosed by the users with resumes or companies with job offers is accurate, up-to-date and reliable.

11.5. HipHap makes no representations or warranties that any resume, job posting, news document, advertisement or other content or communication will be viewed by a minimum or defined number of users or by any specific user, and that your requirements or expectations on the quantity or quality of job applicants will be met.

12. – LIMITATION OF LIABILITY

12.1. HipHap will implement all technical and organizational security measures that are required in accordance with security standards, but it shall not be held liable for any third party attacks of a criminal nature and those that are beyond its control.

13 – MISCELLANEOUS

13.1. Any requests or inquiries on these “Terms of Use” should be directed to us through our email [email protected]

13.2. These “Terms of Use” constitute the entire agreement between the parties and prevail over any previous agreement or arrangement.

13.3. These “Terms of Use” are governed and construed in accordance with Spanish laws, regardless of the country of origin of the User. Any disagreement will be treated by the competent tribunals of the Judiciary of Spain or the applicable jurisdiction in the case of consumers.

13.4. If any section of these “Terms of Use” is held invalid or unenforceable, that part shall be construed in a consistent way with applicable laws to reflect the initial and original intentions of the parties and the remaining sections and parts shall remain in full force and effect.