Conditions of service

Our goal is to connect professionals from around the world with top-tier companies to help them achieve their career and professional goals. Our services have been designed to promote economic opportunities for our candidates while ensuring our clients obtain the best talent and meet all their objectives.

Introduction

1.1 Agreement

When you use our Services, you agree to comply with all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.

By clicking "Accept," "Join Levu," "Register," or a similar link, by registering, accessing, or using our services (described below), you agree to enter into a legally binding contract with Levu Talent, even if you are using our Services on behalf of a company. If you do not agree to this contract ("Agreement" or "Terms of Use"), do not click "Accept," "Join Levu," "Register" (or a similar link), and do not access or otherwise use our Services. If you wish, you can terminate this contract at any time by closing your account and not accessing or using our Services.

Services

This Agreement applies to https://levuexecutives.com/, the Levu Talent Hunters company's application, and other sites related to Levu Talent Hunters, application, communications, and other services that declare they are offered under this Agreement ("Services"), including data collection outside the website for these Services, such as our ads and the "Request with Levu Talent Hunters" and "Share with Levu Talent Hunters" plugins. Users subscribed to our Services under prior contact with a Headhunter, Salesperson, and/or Administrator of Levu Talent Hunters are "Members," and unregistered users are "Visitors."

Levu Talent Hunters

You are entering into this Agreement with Levu Talent Hunters (also referred to as "we" or "our").

We use the term "Designated Countries" to refer to countries in the European Union (EU), the European Economic Area (EEA), and Switzerland.

If you reside in the "Designated Countries," you enter into this Agreement with Consortium Levu ("Levu Talent Hunters"), and Levu Talent Hunters will be the entity responsible for the personal data you provide to our Services, or that is collected or processed by or for our Services, or in connection with them.

If you reside outside of the "Designated Countries," you also enter into this Agreement with Consortium Levu ("Levu Talent Hunters"), and Levu Talent Hunters will be the entity responsible for the personal data you provide to our Services, or that is collected or processed by or for our Services, or in connection with them.

These Terms apply to Members and Visitors.

If you are a Visitor or Member of our Services, any collection, use, and sharing of information related to your personal data will be subject to this Privacy Policy (which includes our Cookie Policy and other documents mentioned in this Privacy Policy), and its updates.

1.2 Members and Visitors

We use the term "Member" to refer to Candidates, Companies, Headhunters, Administrators, Salespeople, and any other type of User that exists in our Web platform and Mobile Application database.

When you register and/or agree to join the Levu Talent Hunters Service, you become a Member. If you have chosen not to register with our Services, you can access certain features as a "Visitor."

1.3 Changes

We may make modifications to this Agreement.

We may modify this Agreement, our Privacy Policy, and our Cookie Policy periodically. If we introduce any significant changes to the Agreement, we will notify you through our Services or by other means to give you the opportunity to review the changes before they take effect. We agree that modifications cannot be retroactive. If you do not agree with any of the changes, you can close your account. Your continued use of our Services after posting or sending notice of changes to these terms implies that you agree to the updated terms from their effective date.

Obligations

2.1 Requirements for Using the Services

Here are some of the things you commit to in this Agreement:

You meet the requirements to enter into this Agreement and are at least 18 years old as the "Minimum Age" established if you reside outside the "Designated Countries," and 21 years old as the "Minimum Age" established if you reside within the "Designated Countries."

Individuals under the age of 18 cannot use the Services.

To use the Services, you agree that: (1) you are at least the "Minimum Age" (as defined above); (2) you will only have one Levu Talent Hunters account, which must be in your name; and (3) Levu Talent Hunters has not restricted your use of the Services. Creating an account with false information constitutes a violation of our Terms; this also applies to accounts registered on behalf of others or used by individuals under 18 years of age.

2.2 Your Account

You will keep your password secret.

You will not share your account with anyone else and will comply with our rules and applicable law.

Members are the account holders. You agree: (1) to use a secure password and maintain its confidentiality; (2) not to transfer any part of your account (for example, the information described within the job openings you are participating in), and (3) to comply with applicable law, our list of do's and don'ts. You are responsible for everything that happens in your account unless you close it or notify us of misuse.

Among others and you (including your company, if applicable), your account belongs to you. However, if the Services have been acquired by third parties for you to use (for example, an Administrator's account, or a Member requested by your company), that third party making the request will have the right to control access and receive reports on your use of the Service, but they will not have rights over your personal account.

2.3 Notices and Messages

You agree that we may send you notices and messages through our websites and applications, as well as through the contact information you have provided. If your contact information is not up to date, you may not receive these important notices.

You agree that we may send you notices and messages in the following ways: (1) through the Service, or (2) to the contact information you provided (e.g., email, mobile phone). You agree to keep your contact information up to date.

2.4 Sharing

When you share information on our Services, other people may view, copy, download, and use that information.

Our Services allow sharing information in many ways, such as on your profile, in CVs, in Self-Assessment Tests (including our Talent Maturity Report), in Psychometric Tests, through links to portfolios or projects, Salary Compensation, References, messages, and presentation videos. The information and content you share or upload on our platform or mobile application may be visible to Members, Companies, or other individuals (only those within the Service). When there is an option to configure settings, we will respect the choices you make about who can view the content or information. For job application activities, the default setting is not to notify your contacts of your current employment status if you are currently employed. Therefore, if you request job vacancy information through our Services or decide to send us your CV by email or other means such as WhatsApp, etc., it is understood that you are interested in a job, and our default setting is to share it only with the headhunter team.

We are not obligated to publish information or content on our Service and may remove it without prior notice.

Rights and Limitations

3.1. Your License to Levu Talent Hunters

You own all the content, deliverables, and personal data you provide to us, but you also grant us a non-exclusive license regarding that information.

We will respect the choices you make regarding who can access your information and deliverables and how they can be used by Levu Talent Hunters Members.

Between you and Levu Talent Hunters, you own the deliverables and the information you provide, and you grant Levu Talent Hunters only the following non-exclusive license:

A worldwide, transferable, and sublicensable right to use, copy, modify, distribute, publish, and process the information and content you provide to us through our Services and third-party services, without any additional consent, notice, or compensation to you or third parties. These rights are limited in the following ways:

  1. You can terminate this license for specific content by deleting that content from the Services, or by closing your account in general, except (a) to the extent you have shared it with others as part of the Service, and they have copied, reshared, or stored it, and (b) for the reasonable time it takes to remove it from backup copies and other systems.
  2. We will not include your content in advertisements for third-party products and services without your personal consent. However, we have the right, without compensating you or third parties, to display ads near your content and information, as indicated in our Privacy Policy. Depending on your settings, we may mention your use of a Service feature using your name or photo to promote that feature on our Services (such as Testimonials, comments on the platform, or any Social Media managed on behalf of Levu Talent Hunters).
  3. We will need your consent if we want to give other people the right to publish your content outside of the Services. However, if you choose to make your post "public" or visible to "anyone" (or any similar option).
  4. Although we may edit and format your deliverables and information (such as translating or transcribing it, resizing, changing the layout or file type, or removing metadata), we will not modify the meaning.
  5. As you own your deliverables and information, and we only possess non-exclusive rights to them, you can choose to share them with third parties.

You agree with Levu Talent Hunters that if the content includes personal data, it will be subject to our Privacy Policy.

Additionally, you agree with Levu Talent Hunters that we may access, store, process, and use any information and personal data you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback to Levu Talent Hunters about our Services, you agree that Levu Talent Hunters may use (though it is not obligated to do so) such feedback for any purpose without compensation to you.

You commit to providing us only with information and deliverables that you have the right to, and the information on your Levu Talent Hunters profile is truthful.

You agree to provide only content and information that does not violate the law or the rights of any person (including intellectual property rights). You also agree to provide accurate information on your profile. Levu Talent Hunters may be legally required to remove certain information or content in certain countries.

3.2 Availability of Services

We may change, modify, or terminate any Service.

We may change, suspend, or withdraw any of our Services. Similarly, we may modify specific information with prior notice within a reasonable timeframe and to the extent permitted by the law.

We cannot guarantee that we will store or continue displaying the information or content of deliverables you have provided. Levu Talent Hunters is not a storage service. You agree that we have no obligation to store, retain, or provide you with a copy of any content or information you or others provide to us, except as required by law and as stated in our Privacy Policy.

3.3 Other Types of Content, Websites, and Applications

Your use of other people's content and information posted on our Services is at your own risk.

Other third parties may offer their own products and services through our Services, but we are not responsible for the activities of such third parties.

When using the Services, you may come across inaccurate, incomplete, outdated, misleading, illegal, offensive, or harmful information or content. We cannot always prevent such misuse of our Services, and you agree that we are not responsible for such use. We also acknowledge the risk that you or your organization may be mistakenly associated with content about other individuals when we allow contacts and Members to know that you or your organization has been mentioned in any digital media outside Levu Talent Hunters networks following participation in a recruitment process.

Levu Talent Hunters may assist Members (clients) in connecting with Members seeking services. Levu Talent Hunters does not act or employ individuals to perform these services.

Similarly, Levu Talent Hunters may help you advertise on the Web platform or Mobile Application and connect with other Members who are interested. You agree that (1) Levu Talent Hunters is not responsible for the conduct of any Members, (2) you will abide by these terms and conditions applicable to such posting.

3.4 Limitations

We have the right to limit how you connect and interact with our Services.

Levu Talent Hunters reserves the right to limit your use of the Services, including your number of contacts and your ability to contact other Members. Levu Talent Hunters reserves the right to restrict, suspend, or close your account if it believes you may have violated this Agreement, the law, or are using the Services improperly (e.g., you have violated the "What You Should and Should Not Do" list).

3.5 Intellectual Property Rights

Below, we provide information about our intellectual property rights.

Levu Talent Hunters reserves all its intellectual property rights in the Services. The trademarks and logos used in connection with the Services are the trademarks of their respective owners. Levu Talent Hunters and the logos "seal, service marks, images, and logos used for our Services are registered trademarks of Levu Talent Hunters.

3.6 Automated Processing

We use data and information about you to provide relevant suggestions to you and others.

We will use the information and data you provide to us, as well as data we have about Members, to make recommendations regarding vacancies or mapping processes and functionalities that may be useful. For example, we use data and information about you to consider you for positions that match your skills. Maintaining an up-to-date profile with accurate data helps us carry out more accurate and successful processes.

Disclaimer and Limitation of Liability

4.1 Warranty Disclaimer

We disclaim any legal liability arising from the quality, safety, or reliability of our Services.

NEITHER LEVU TALENT HUNTERS NOR ANY OF ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES, INCLUDING ANY STATEMENT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE SUCH SERVICES (INCLUDING CONTENT AND INFORMATION) "AS IS" AND "AS AVAILABLE." TO THE EXTENT PERMITTED BY APPLICABLE LAW, LEVU TALENT HUNTERS AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR LEGAL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF TITLE, DATA ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

4.2 Limitation of Liability

These are the legal liability limitations we may have concerning you.

TO THE EXTENT PERMITTED BY LAW (AND UNLESS LEVU TALENT HUNTERS ENTERS INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS AGREEMENT), LEVU TALENT HUNTERS AND ITS AFFILIATES SHALL NOT BE LIABLE, UNDER THIS AGREEMENT, FOR LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWNTIME OR LOSS, USE, OR CHANGES IN INFORMATION OR CONTENT), OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

LEVU TALENT HUNTERS AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER THIS AGREEMENT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO LEVU TALENT HUNTERS FOR THE SERVICES PROVIDED DURING THE TERM ESTABLISHED BY THIS AGREEMENT, IF ANY.

4.3 Contractual Bases. Exclusions

The liability limitations in this Section 4 are part of the agreement between Levu Talent Hunters and you, and they will apply to all liability claims (such as those arising from warranty, damage, negligence, contractual or legal liabilities), even if the possibility of such damage has been communicated to Levu Talent Hunters and its affiliates, and even if these remedies fail to achieve their main purpose.

These liability limitations do not apply to liability for death or personal injury, fraud, gross negligence, or willful misconduct, or in cases of negligence where a material obligation has been breached, with material obligation understood as one that constitutes a prerequisite for the provision of our services and on which you can reasonably rely, but only to the extent that the damages are directly attributable to the breach and are foreseeable at the end of this Agreement and are considered typical in the context thereof.

Termination of the Contract

Either Party may terminate this Contract, without prejudice to the survival of certain rights and obligations.

Both you and Levu Talent Hunters may terminate this Contract at any time by notifying the other party. Once terminated, you will lose the right to access and use the Services. The following will continue to apply after termination:

  • Our right to use and disclose your deliverables.
  • The rights of Members or Visitors to reshare deliverables and information you have shared through the Services;
  • Sections 4, 6, 7, and 8.2 of this Contract.

You can visit our Help Center to close your account.

Applicable Law and Dispute Resolution

In the unlikely event that we end up in a legal dispute, depending on where you reside, you agree with Levu Talent Hunters to resolve it in the courts of Mexico City under the law of Mexico City, or in your local courts under local law.

If you reside in the Designated Countries, all claims related to the provision of Levu Talent Hunters Services will be governed by the laws of Spain, but this will not deprive you of mandatory consumer protections under the law of the country to which we direct your Services, where you have your habitual residence. Regarding jurisdiction, you agree with Levu Talent Hunters to choose the courts of the country to which we direct your Services, where you have your habitual residence, for all disputes arising from or related to these Terms of Use, or alternatively, you can choose the court responsible for Spain.

In cases outside the Designated Countries, including those outside the United Mexican States: you agree with Levu Talent Hunters that the law of Mexico City, Mexico, except in cases of conflict of jurisdiction, will prevail in any dispute related to this Contract and/or the Services. You agree with Levu Talent Hunters that claims and disputes will be resolved only in the state or federal courts of the Miguel Hidalgo borough of Mexico City, Mexico, as this will be the jurisdiction of the competent court.

General Provisions

Below are some important details about the Contract.

If a court with authority over this Contract determines that any part of it cannot be enforced, you and we agree that the court will modify the terms so that such part can be enforced and still serve its intended purpose. If the court cannot achieve this, you and we agree to ask the court to remove that unenforceable part and leave the rest of the Contract in effect.

This Contract (including additional terms we set when you interact with a feature of the Services) is the sole agreement between us regarding the Services and supersedes all prior agreements regarding the Services.

If we do not act in response to a breach of this Contract, it does not mean that Levu Talent Hunters has waived its right to enforce the Contract. You may not assign or transfer this Contract (or your account or use of the Services) to anyone without our consent. However, you agree that Levu Talent Hunters may assign this Contract to its affiliates or a third party that acquires it without your express consent. There are no other third-party beneficiaries of the Contract.

You agree that the only way to send us a legal notice will be to the address provided in Section 10.

What to Do and Not to Do on Levu Talent Hunters

Levu Talent Hunters is a community of professionals. This list of "What to Do and Not to Do" and our Policies for the professional community limit what can and cannot be done on our Services.

8.1. What to Do

You agree to:

  1. Comply with all relevant laws, including, among others, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax and revenue laws, the Federal Law on the Protection of Personal Data Held by Individuals, and other regulatory requirements.
  2. Provide accurate information and keep it up to date.
  3. Use your real name on the profile.
  4. Use the Services in a professional manner.

8.2. What Not to Do

You agree not to:

  1. Create a false identity on Levu Talent Hunters, forge your identity, create a Member profile for anyone other than yourself (an individual), or use or attempt to use another person's account.
  2. Develop, support, or use programs, devices, scripts, robots, or any other means or processes (including crawlers, browsing plugins and extensions, or any other technology) to scrape the Services or otherwise copy profiles or other data from the Services.
  3. Bypass any security feature or circumvent any access control or use limits of the Service.
  4. Copy, use, disclose, or distribute any information obtained from the Services, either directly or through third parties, without the consent of Levu Talent Hunters.
  5. Disclose information that you do not have the right to share (such as third-party confidential information, including your company or the company's process for which you are participating).
  6. Infringe the intellectual property rights of third parties, such as copyrights, patents, trademarks, trade secrets, proprietary processes, specialized searches, or other proprietary rights. For example, do not disclose information about the company in which you are participating or other confidential information.
  7. Infringe the intellectual property or other rights of Levu Talent Hunters, including, without limitation, (i) copying or distributing our methodology, process, or other materials; or (ii) copying or distributing our technology, except as circulated with open-source licenses; (iii) using the term "Levu Talent Hunters," "Levu," or our logos in any trade name, email, or URL except as described in the brand guidelines.
  8. Upload any documents containing computer viruses, worms, or any other harmful code.
  9. Use reverse engineering techniques, decompile, disassemble, decrypt, or otherwise attempt to obtain the source code of the Services or any related technology that is not open source.
  10. Imply or state that you are associated with or endorsed by Levu Talent Hunters without our express consent. For example, displaying on your LinkedIn, Facebook, or Instagram profile that you work at Levu Talent Hunters to conduct your external processes.
  11. Rent, lease, trade, sell/resell, or otherwise derive any benefit from the Services or related data, or access them without the consent of Levu Talent Hunters.
  12. Set up links to our Services for any purpose other than promoting your profile or a group on our Services, without the consent of Levu Talent Hunters.
  13. Use bots or other automated methods to access the Services, to add or download information, job data, etc.
  14. Monitor the availability, performance, or operation of the Services for competitive purposes.
  15. Engage in "framing" or otherwise simulate the appearance or function of the Services.
  16. Overlay or otherwise modify the Services or their appearance (such as inserting elements into the Services or removing, covering, or obscuring ads included in the Services).
  17. Interfere with the operation or load the Services in an unreasonable manner (e.g., spam, denial-of-service attacks, viruses, or game algorithms).

Complaints Regarding Content

Contact information for complaints about content provided by our Members.

We respect the intellectual property rights of others. We require that information posted by members be accurate and not infringe on intellectual property rights or other rights of third parties. We have a policy and procedure for filing complaints about content posted by our Members.

10. How to Contact Us

Our contact information. Our Help Center also provides information about our Services.

For general inquiries, you can contact us online by calling (+52) 55 3189 2774, or via WhatsApp at the same number. If you wish to receive legal notices or judicial notifications, you can write to us at info@levuexecutives.com.