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 Company”, “Us”, “Our” and “We”). The Company 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 (“Job Seeker” or “Candidate” or “You” or “User” with the term “your” being construed accordingly).
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.
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 any recruiter (a “Recruiter”) of any information and data, including personal information, pertaining to You.
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 rights. 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 trade marks without Our prior written permission or that of the applicable proprietor. Your failure to abide by these terms will expose You to damages.
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 You being unable to access this Website.
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.
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.
By registering to Our Website, You are hereby warranting that:
(i) if You are a natural person, you are of the legally applicable working age;
(ii) 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;
(iii) You are not using the Website for purposes that are in competition with Ours;
(iv) You shall only maintain one account with Us at any given time;
(v) You are not currently prohibited from having an account with Us;
(vi) You will not violate any Terms and Conditions or any rights pertaining to the Website including intellectual property rights; and
(vii) 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).
These Terms and Conditions are divided into the following sections:
- the Terms and Conditions which regulate Your use of this Website and our Services; and
- Terms applicable to You, as a Job Seeker who has browsed and/or applied for any job postings available on the Website. Signing up with Avanzpro as a Job Seeker confirms your acceptance of the terms applicable to Job Seekers.
General Website Terms
Avanzpro is a web-based portal operating exclusively as a job marketplace. 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, our role shall be limited to that of intermediary, and We will not be liable for or in any way responsible to assist with creating, maintaining or regulating any relationship arising between You and any Recruiters pursuant to our Services, which relationship shall be separate to that existing between You and Us and governed by separate agreement to which We shall not be a party. We are under no obligation to assist with any conflict arising between You and any Recruiter whose job you have applied for through our Website. You hereby expressly agree and accept that We do not control any communication made with You by any Recruiters to whose vacancy You have applied for through the Website. We therefore do not accept or assume responsibility for the integrity and actions of any Recruiter.
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 Recruiters shall rely on the accuracy and completeness of any content which You may post or otherwise upload to the Website and You therefore warrant that your user content is accurate, not misleading and will remain so at all times during which such information and material remains available on the Website. All users therefore agree and accept that Avanzpro does not represent or guarantee the truthfulness, accuracy, or reliability of user content 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 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 and any Recruiter with any laws applicable to your relationship with such Recruiter. Although You are required to report to us any improprieties or misuse of Our Services which You may have come 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 Recruiters further to any Job Listings 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 applicable law of regulation.
Terms applicable to Job Seekers
Avanzpro is neither an employer nor a recruitment agency. When a Job Seeker applies for an advertised position, the application is done directly with the Recruiter who will be notified about a Job Seeker’s application through an e-mail. For certain positions, Job Seekers may be required to apply directly on the employer’s website or job portal. Besides the companies seeking to recruit talent directly, recruitment agencies are also able to post vacancies on the Website. In the case of a vacancy being posted by a recruitment agency, Avanzpro will indicate this on the job listing and Job Seekers are informed that any further communication about the job would then take place between the Job Seeker and the respective recruitment agency. Avanzpro does not have any affiliation, collaboration agreement or other arrangement with any recruitment agency and the Website treats the recruitment agencies’ job listings in the same manner as it does for any other vacancies which are posted directly by the companies.
Avanzpro does not guarantee that Job Seeker applications for vacancies advertised on this Website will be acknowledged or responded to. We shall not, in any way, be responsible for any omissions, inaccuracies or false assertions contained in any such application. Following the application, any queries, issues or follow-up questions arising from the Job Seeker’s application should be sent to the employer directly or to the recruitment agency (as the case may be).
Avanzpro is not responsible for and does not guarantee the truthfulness, accuracy or reliability of information submitted by Job Seekers and will not be held responsible for the outcome of such events. Job Seekers acknowledge and agree that they are solely responsible for the form, content and accuracy of any documents which they put forward to employers through Avanzpro. It shall be Your responsibility as a user of the Website to produce any documents and/or to be registered to any service or with any authority as may be required by applicable laws in the creation of your relationship with any Recruiter. Any resumes, cover letter or supporting documents submitted by the Job Seeker must be up to date and contain an accurate and true history of the Job Seeker’s work experience, education and achievements.
Upon job application Recruiters and recruitment agencies have access to a Job Seeker’s C.V. for a period of three (3) months from the job application date. When a Job Seeker replaces his/her C.V. on his/her profile on our Website, this last-uploaded C.V. would then be the version which is made available on Avanzpro to any Recruiters and recruitment agencies whose (i) job has been applied for from the moment the C.V. is replaced onwards, as well as (ii) job has been applied for within a period of 3 months prior to the day from when the C.V. was replaced.
It shall be your responsibility to determine your rights and obligations at law and to ensure that You abide by any corresponding obligations arising in terms of your relationship with any Recruiter. Any failure on your part to fulfil any resultant contractual or other obligations may be legally actionable.
It shall be the Recruiter’s responsibility to ensure that it discharges any of its obligations as these arise at law or in terms of any relationship formed by such Recruiter with You. We shall under no circumstance be construed as undertaking to perform any such obligations including, but not limited to, the monitoring and fulfilment of the conditions governing the work You are to perform for any Recruiter. This shall include, but in no way be limited to, matters relating to your applicable working hours and the disbursement by the Recruiter of remuneration due to You for any work completed by You.
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.
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 (excluding any damages caused by Our gross negligence, willful misconduct or fraud), 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 loss of income or earning that You may suffer.
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.
