Last updated: 27/05/21
These Terms and Conditions govern your use of the website which is accessed at the web address www.avanzpro.mt (“this Website”) and the use of any and all services provided in relation thereto (the “Services”).
Avanzpro is owned and operated by KBIZ1 Ltd (the “Service Provider”, “Us”, “Our” and “We”). The Service Provider was incorporated in Malta on 8 February 2018, is registered under the laws of Malta with registration number C84723 and its registered address is 26, Triq San Guzepp, Zebbug, ZBG 3220.
These terms and conditions incorporate within them, as though they were fully set out herein, the following policies, each and every one being applicable to your use of the Website and our Services:
(i) Our Privacy Policy, accessible here; and
(ii) the Cookies Policy, accessible here
(collectively the “Terms and Conditions”).
These Terms and Conditions constitute a binding agreement between Avanzpro and all users of the Website and our Services (“Recruiter” or “You” with the term “your” being construed accordingly). For the avoidance of doubt the term “Recruiter” refers both to companies seeking to employ human resources through vacancies advertised directly on Avanzpro as well as recruitment agencies listing jobs which are available at their own clients.
Before using this Website, please read the Terms and Conditions below. Once you have subscribed to this Website You are deemed to have accepted our Terms and Conditions in full. If You disagree with any or all of these Terms and Conditions, you must not use this Website.
This Website uses cookies. By using this Website and agreeing to these Terms and Conditions, You consent to our use of cookies in accordance with Avanzpro’s Cookies Policy accessible here.
By registering to Our Website, you are hereby warranting that:
(i) if You are registering on behalf of a legal person, you are duly authorised to represent and act for and on behalf of that legal person;
(ii) You are not using the Website for purposes that are in competition with Ours;
(iii) You shall only maintain one account with Us at any given time;
(iv) You are not currently prohibited from having an account with Us;
(v) You will not violate any Terms and Conditions or any rights pertaining to the Website including intellectual property rights; and
(vi) Your registration to the Website will not infringe the rights of any third party or cause You to be in breach of any obligations to a third party (including, without limitation, any non-compete and confidentiality obligations).
Your use of the Website and Our Services will give rise to the collection of data from You. We are committed to ensuring the privacy of the information which you give Us. We process personal data in accordance with our obligations at law and in accordance with the terms, conditions and practices set out in Our Privacy Policy accessible here. You will be specifically requested to consent to our Privacy Policy before being allowed to sign up or otherwise use our Services. We shall not be responsible or otherwise liable for any unauthorised or unlawful disclosure by You of any information and data, including personal information, pertaining to You.
These terms and conditions are divided into the following sections:
1. General terms which regulate the use of this Website and our Services.
2. Terms applicable to You, as a Recruiter who has registered on this Website in order to post job listings, receive job applications through the Website and make use of any other Services which we may offer online.
Unless otherwise stated, Avanzpro and/or its licensors own the intellectual property rights of this Website. Any and all intellectual property rights are reserved and nothing in these Terms and Conditions shall be interpreted as assigning any such intellectual property right. All intellectual property rights for material on this Website shall be the property of such entities and/or individuals posting such material and You may not copy, download, use, re-design, modify, reconfigure, retransmit or create derivative works of any proprietary material contained on Our Website. You may view, download for caching purposes only, and print pages from this Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
All logos, word marks, service marks and other trademarks appearing on the Website are either owned by or licensed to us. You may not copy or use (in any manner) any of these logos, word marks, service marks or other trademarks without Our prior written permission or that of the applicable proprietor. Your failure to abide by these terms will expose You to damages.
You shall not sell, rent or sub-license material from this Website, show any material from this Website in public, or reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose. You also shall not edit or attempt to edit or otherwise modify or attempt to modify any material on this Website or redistribute material from this Website, including republication on another website, except for content specifically and expressly made available for redistribution.
We reserve the right to revise the Terms and Conditions at any time without notice and, by using this site subsequent to the revision of the Terms and Conditions, You agree to be bound by such changes. You agree to periodically monitor the Terms and Conditions and, if You find the Terms and Conditions to be unacceptable at any time, You must immediately terminate your use of this Website. You accept that we have the right to change the content or technical specifications of any aspect of this Website at any time at our sole discretion. You further accept that such changes may result in your being unable to access this Website.
You may only use the Website and any Services for lawful purposes and within the context of the intended and acceptable use of the Website as established through these Terms and Conditions. You may not use this Website in any way that causes, or may cause, damage to this Website or impairment of the availability or accessibility of this Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.
General Website Terms
Avanzpro is a web-based portal operating exclusively as a job marketplace. These Terms are intended to regulate a contract for the provision of services and not a contract of employment and accordingly the Service Provider’s relationship with the Recruiter during the term of the Agreement shall be that of an independent service provider. Nothing in the Agreement shall make either party an employee, agent, partner or a representative of the other party.
Therefore, Avanzpro is under no circumstances to be considered as an employer, recruiter or headhunter and will not be responsible for any hiring/recruitment process, or parts thereof. Avanzpro acts solely as a “classifieds-advert” online platform for job seekers/candidates, recruiters, employers, recruitment agencies and advertisers meaning that Avanzpro shall not, at any stage, be responsible for any further communication, proceedings within the recruitment process or otherwise between candidates, recruiters, employers, recruitment agencies and/or advertisers and/or any other party availing itself of this Website. For the avoidance of doubt, any relationship between the Recruiter and any one or more job seekers through the Website, shall be created directly by the Recruiter and the relevant candidate/s through the Website and, at all times, the Service Provider will not be a party, whether direct or indirect, to any such relationship.
The Service Provider’s role is strictly limited to that of an intermediary by providing the Website which connects the Recruiter with candidates that may be interested in working for the Recruiter (or in the case of recruitment agencies, the Recruiter’s client), and the Service Provider will not assist with or be responsible for creating, maintaining or regulating any relationship between the Recruiter and the candidates. In using the Website and Our services, the Recruiter shall be fully and solely responsible for satisfying all its obligations under applicable law including without limitation all applicable employment and data protection laws.
It is the duty of the Recruiter to appropriately and fully inform itself as to the legal obligations which apply to the sourcing and engagement of candidates through the Website and the Recruiter’s relationship with such candidates thereafter, particularly those within the Service Provider’s and the candidates’ jurisdiction, and to fully comply with all and any such applicable obligations including without limitation all applicable employment and data protection laws.
Avanzpro does not review, screen, adjust or censor any company profiles, candidate resumes, job descriptions and/or supporting documents submitted by candidates, recruiters, employers, recruitment agencies and/or advertisers. You acknowledge that job seekers shall rely on the accuracy and completeness of any content which You may post or otherwise upload to the Website in order to apply for a job. All users therefore agree and accept that Avanzpro does not represent or guarantee the truthfulness, accuracy, or reliability of job postings or any other communication posted by users, and nor does Avanzpro endorse any opinions expressed by users. Candidates, recruiters, recruitment agencies and employees are encouraged to verify any information exchanged over Avanzpro independently.
Throughout the site you will find links to external sites but Avanzpro does not take any responsibility for other web pages maintained by external providers. Avanzpro takes no responsibility for the information contained on external links accessible from this Website. Views expressed by third parties on their own webpages shall be in no way linked to any views or opinions of Avanzpro and Avanzpro shall not be held liable for any such content on external web pages. We reserve the right to request You to remove any link to any page of this Website which You have placed. In the event that You create a link to a page of this Website you hereby agree that You will do so at your own risk and the exclusions and limitations set out in these Terms and Conditions will apply to your use of this Website by linking to it.
We do not guarantee that this Website shall be error free and/or free from bugs or other defects. Notwithstanding any other clause in these Terms and Conditions, Avanzpro shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings, damage to or loss of goodwill, reputation or data.
Without prejudice to the foregoing, and notwithstanding any other clause in these Terms and Conditions our total aggregate liability to You under and/or arising in relation to this contract shall not exceed the amount paid by You for any Services that you may have acquired.
Avanzpro shall not be involved and shall be held free and harmless. You are obliged to hold harmless, indemnify and keep indemnified Avanzpro from any dispute and/or action taken, for whatever reason, made by any entity and/or individual making use of this Website. You therefore agree to indemnify, defend and hold harmless KBIZ1 Ltd, its shareholders, officers, employees, consultants, agents, representatives and affiliates from any and all third-party claims, liability, damages and/or costs (including but not limited to legal fees), arising from your use of this Website or your breach of these Terms & Conditions. We shall not be held liable for Your negligent, fraudulent or wrongful acts, and/or your violation of any statutory obligations. Specifically and without prejudice to the generality of the aforesaid, We shall not be responsible for ensuring compliance by You with any laws applicable to your relationship with a job seeker. Although You are required to report to us any improprieties or misuse of Our Services which You may have across while using Our Website, We do not undertake to facilitate or otherwise mediate any disputes arising following the use of our Services. We shall under no circumstance be involved in the settlement of disputes arising at any stage between You and the job seekers further to any job postings on the Website.
Avanzpro reserves the right to take any action, including action for damages, against any user of this Website where such user does not abide by and/or adhere to these Terms & Conditions and/or any other application law of regulation.
Terms Applicable to Recruiters
All job postings and adverts posted on Avanzpro and on affiliated third-party job boards and/or websites via Avanzpro must abide by the Terms and Conditions of each of these individual job boards and/or websites.
Recruiters will be solely responsible for the form, content and accuracy of any content they publish on Avanzpro or on third party boards via Avanzpro. No job posts are to contain false, inaccurate or misleading information, neither about the Recruiter nor about the job. Any jobs posted must be genuine, legal, non-discriminatory in any form or manner and abide by the relevant laws and regulations applicable in Malta. Avanzpro may at its discretion and without prior notice, report any job posting or advert, which in its reasonable opinion is being used for an improper or illegal purpose by a Recruiter, to the relevant authorities.
Recruiters are responsible for maintaining the confidentiality of their account, billing information, profile and passwords, as applicable. Recruiters agree to immediately notify Avanzpro of any unauthorized use of their account. Unless such unauthorized use of the account is the result of gross negligence and/or fraud by Avanzpro, Recruiters shall not hold Avanzpro or any affiliate, undertaking, subsidiary or otherwise connected entity responsible in any manner.
Any information, C.Vs, cover letters or supporting documents and certificates submitted by job seekers can only be used for the purpose of the job application and recruitment process. Recruiters undertake and warrant to Avanzpro that they will contact job seekers/applicants with the sole reason of providing bona fide recruitment. Avanzpro shall in no way be held liable for any use or misuse of such information out of context.
Avanzpro shall not be held liable or responsible in any way for the adequacy and/or suitability of the applications received. Avanzpro is not responsible for and does not guarantee the truthfulness, accuracy, or reliability of information submitted by job seekers to employers and will not be held responsible for the outcome of such events.
Avanzpro reserves the absolute right to decline, cancel or remove any job posting or advert for any reason and at any time without prior notice.
Terms of Payment
Avanzpro provides its Services to You based upon a system of credits. Credits are the units of payment that must and can solely be used for any current and future Services provided from Our Website. The quantity of credits which Our Services cost will be clearly displayed on Our Website. Credits do not expire but are not refundable. Credits are account-specific and cannot be transferred to or utilised by other Recruiters. Your current balance of credits held will be displayed once You log in to your profile.
The standard price of 1 credit is 1 Euro (excluding Value Added Tax). Credits are available for purchase in packs of 10. Prices are all shown in Euro currency. Avanzpro reserves the right to change at any time the amount of credits charged for each of Our Services and these changes may be done at Our discretion provided that any such variation shall not be applied retrospectively. Avanzpro may occasionally run promotional activities and, in these instances, such offers cannot be combined with any other codes, promotions or discounts unless otherwise advertised. All fees, costs and other charges referred to herein are exclusive of VAT, which will be charged by Us where applicable. The rate of VAT is currently 18%.
Avanzpro may provide Recruiters with a choice of how they may affect payment to Us. In the case of payment via an online payment system, the job posting will be listed on Our Website promptly. Avanzpro shall ensure that all payment processing is done through a secure gateway. Recruiters agree to submit all required data required for payment processing and to ensure that all information submitted shall be accurate and correct. In the event that the secure gateway experiences a technical malfunction over which Avanzpro has no control, Avanzpro shall in no way he held liable.
In the case where a Recruiter opts to pay via a bank transfer, We will issue a Request for Payment/Invoice in advancement of providing the Services. In these instances, the job posting will be pending and still not visible on Our Website and will only be posted on Avanzpro upon receipt of the funds into Our bank account. Recruiters are therefore encouraged to instruct their bank to effect the payment transfer to Us immediately in order that the requested Services are provided in a timely manner. In the instances where We don’t receive the funds, Avanzpro will not provide the Services to the Recruiter.
Every individual job posting is valid for a period of thirty (30) days from the date of publishing. Recruiters may remove a job posting from the Website before the job posting has reached its expiry date. In the instance where a Recruiter removes a job posting from Our Website prior to the lapse of the 30 days period during which the vacancy would have otherwise have been ordinarily listed on Avanzpro, Recruiters shall not be entitled to any refund. Avanzpro will do its utmost to ensure a smooth and regular functioning of its services at all times but should the website become inoperative for any reason beyond its reasonable control, no refund, in whole or in part, shall be given.
All jobs posted on Avanzpro must be for positions based in Malta. Each job posting must relate to one position unless agreed otherwise. Publishing of jobs in the featured section shall be at the sole discretion of Avanzpro, against payment and subject to availability.
Avanzpro reserves the right to remove any job posting or content from the Website, which is deemed to be non-compliant with the Terms & Conditions. Where such job posting and/or content is removed from this Website due to non-compliance with these Terms & Conditions, no refund shall be issued by Avanzpro to the Recruiter.
Termination
We may refuse to provide Our Services to anyone, at any time, for any reason whatsoever. We reserve the right to change, suspend, or discontinue any of the Services at any time, for any reason (including without limitation for breach of these Terms and Conditions and non-use) and without advance notice.
You may terminate your account with Us at any time by contacting us on info@avanzpro.mt.
Termination of your account will result in You not being able to access Our Services and Our Website and may result in the loss of any information associated with your account. We shall not be liable for any such loss of information. Upon Termination of your account, You shall not be entitled to a refund on any unused credits which You may still hold with Us.
Limitation of Liability
In no event shall We or Our officers, directors, employees, agents and representatives be liable to You or any person for any damages suffered of whatever kind or nature whether in contract, tort or otherwise, including, without limitation, damages to your device or the device’s software, or any damages sustained to your computer equipment arising out of or relating to the download, installation, use, inability to use or non-use of the Services. We shall not be liable for damages relating to any loss of income or earnings that You may suffer.
Nothing in these Terms and Conditions shall be considered as limiting Our liability for direct damages suffered by You as a result of Our gross negligence, wilful misconduct or fraud.
Severability
If any term or condition in these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction or by any competent authority, the validity, legality and enforceability of the remaining Terms & Conditions shall remain in full force and effect.
Entire Agreement
The above Terms and Conditions constitute the entire agreement between You and Avanzpro and supersedes any and all preceding agreements in respect of your use of this Website. Any waiver of any provision of the Terms and Conditions will be effective only if affected in writing and signed by Avanzpro.
Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of Malta and any disputes relating to these Terms and Conditions will be subjected to arbitration in accordance with the Arbitration Act (Chapter 387 of the Laws of Malta). In the event of a dispute, it is advisable that you first lodge a complaint with us on info@avanzpro.mt and we will do our utmost to reach an amicable settlement with You within a reasonable amount of time.
