By using our website, you are agreeing to be bound by these terms.
By accessing Muchulo, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Permission is granted to temporarily download one copy of the materials (information or software) on Muchulo's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Muchulo at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Muchulo's website are provided on an 'as is' basis. Muchulo makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Muchulo does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Muchulo or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Muchulo's website, even if Muchulo or a Muchulo authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on Muchulo's website could include technical, typographical, or photographic errors. Muchulo does not warrant that any of the materials on its website are accurate, complete or current. Muchulo may make changes to the materials contained on its website at any time without notice. However Muchulo does not make any commitment to update the materials.
Muchulo has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Muchulo of the site. Use of any such linked website is at the user's own risk.
Muchulo may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
These terms and conditions are governed by and construed in accordance with the laws of Spain and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
These terms and conditions (“Terms”) govern all Employers (defined as “Employer”, “you” and “your”) that:
1. We may vary these Terms at any time. If Muchulo varies these Terms, it will provide notice by publishing the varied Terms on the Site.
2. You accept that by doing this, Muchulo has provided you with sufficient notice of the variation to its Terms. You will be notified of any material changes to the Terms which may be reasonably detrimental to you, 5 days prior to them taking effect.
3. All amounts owing to Muchulo must be paid during checkout.
4. You are obliged to pay for the services that Muchulo agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide Muchulo with the necessary materials or information for Muchulo to deliver these services to you, you are still liable to Muchulo for full payment.
5. You agree that pursuant to the GDPR Law, Muchulo may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.
6. You agree that Muchulo may disclose this information to a credit reporting agency or interested persons as reasonably necessary.
7. Muchulo retains all intellectual property rights subsisting in any of the goods and services provided to you by Muchulo.
8. Muchulo provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site.
9. In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
10. Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
11. Muchulo accepts no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are placed on the Site.
12. Muchulo agrees to use reasonable efforts to publish advertisements in the shortest possible time.
13. Muchulo cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site, or features and products available through the Site, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
14. Muchulo acts as a medium through which individuals find employment opportunities. Muchulo does not vet, nor is it responsible for vetting, candidates or the representations made by them whether oral or in writing - including those representations appearing in candidates‘ resumes.
15. Muchulo reserves the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from Muchulo or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices. In doing so, Muchulo will endeavour to consider exceptionally detrimental consequences such alterations may cause you.
16. You warrant and agree that:
17. You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without Muchulo's prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
18. You indemnify and will keep indemnified Muchulo, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Muchulo in connection with:
19. You agree at all times to deal with any information or products provided by Muchulo or accessed from the Site in a manner which abides by all applicable laws of Spain, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
20. Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.
21. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication), without Muchulo's prior written approval.
22. You may not use the Site to post any pyramid scheme or multi-level marketing scheme (however described) on the Site.
23. You may not ask or require any candidate to pay a fee, charge, cost or any money whatsoever in connection with the hiring process for any job advertised on the Site (including to apply) whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the Site.
24. You may not use any feature of the Site to send any unsolicited commercial electronic messages to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with candidates in accordance with the Product Terms.
25. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Muchulo without Muchulo's prior written approval.
26. Any advertisements acquired by you from Muchulo must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by Muchulo) whose primary business it is to acquire media on behalf of third parties, or unless you are a job recruiter and supply job recruitment services (as approved by Muchulo) in conjunction with the advertisements.
27. Any “personal information” (within the meaning of the Privacy Act 1988 (Cth)) of any candidate that you obtain through your use of the Site or any features of the Site or products offered on the Site (including job applications received from candidates) must only be used by you in relation to your genuine employment and/or recruitment activities.
28. Selling or offering services or products (such as learning or educational courses or tools) to candidates whose personal information you have obtained through your use of the Site (including job applications received from candidates) is considered by Muchulo to be a misuse of candidate data, and is prohibited.
29. You may not under any circumstances provide any candidate personal information you have obtained through your use of the Site (including job applications received from candidates) to any other party, including to any affiliate or related party of yours (unless Muchulo has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.
30. Muchulo takes its obligations under the GDPR Law extremely seriously, and is resolute in its determination to prevent the misuse of candidate data. If Muchulo believes that you have misused candidate data for any reason, Muchulo reserves the right to:
31. immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received candidate personal information from you in breach of these Terms;
32. You must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances and codes of conduct.
33. You must adhere to the principle of honest representation in advertising set out by the Unfair Commercial Practices Directive (UCPD) and the Misleading and Comparative Advertising Directive (MCAD) .
34. All applications for job ads posted on Muchulo must not by any means disregard or preclude applications submitted via Muchulo, including by wording to that effect within the job ad itself.
35. You are not permitted to promote or refer to brands other than those associated with your business, (or a business operated by a related party to you):
36. You may only post Advertisements to the Site that are in respect of a genuine employment opportunity that is current as at the time of posting the Advertisement, and for which you are currently recruiting. Muchulo reserves the right to request any information from you that it deems necessary to verify that a genuine employment opportunity exists.
37. Muchulo reserves the right to reject and remove advertisements for positions that are not related to the work-at-home niche.
38. You must ensure that advertisements posted to the Site are posted to the appropriate category of the Site. It is your responsibility to ensure that you familiarise yourself with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
39. Employers acknowledge and agree that they must only advertise one job role per job advertisement posted on to the Muchulo Site. Where Employers have breached this obligation and have advertised multiple job roles in the one job advertisement, Muchulo reserves the right to charge the Employer for the number of job roles advertised in the one job advertisement posted on to the Muchulo Site.
40. Employers must ensure that all information entered into any data entry field, as part of the advertisement classification process, relates directly to the relevant data field category. Muchulo reserves the right to amend, alter or remove any information that does not meet this requirement.
41. Muchulo reserves the right and Employers must accept as a condition of advertising on the Site, Muchulo's right to re-classify advertisements posted to the Site, entitling Muchulo to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
42. Standard job posts are valid for as long as they are in the active state configurable from the dashboard.
43. The following actions constitute a new/additional job advertisement:
44. Changes to job advertisement body copy and advertisement title or location, work type, classification and sub-classification categories do not constitute a new job advertisement, regardless of the method used to post the advertisement.
The clauses below apply to your use and access of the Employer Accounts
45. You expressly authorise Muchulo to store and retain all applications submitted in response to the relevant ad within the Employer Accounts, rather than emailing those applications to an external source.
46. Your access to the Employer Accounts (and the functionality contained therein) will be via a secure login username and password set by you for use on Muchulo (the Password). The Employer is responsible for:
47. You are responsible for the integrity of the email account used on Muchulo to enable users to gain access to the Employer Accounts, whether the use is by authorised users or any other person. Any act or omission by an authorised user in respect of the use of the Password and/or the use of the Employer Accounts that breaches these Terms will be deemed a breach of these Terms by you.
48. If you utilise the Invite Team Member function of the Employer Accounts then before utilising that function you must ensure that you have:
50. If your access to the Employer Accounts is terminated for reasons other than fraud or dishonest conduct on your part, Muchulo will, if requested, within 20 Business Days, forward all applications and associated information stored on your behalf to your nominated email address.
51. Muchulo will use reasonable endeavours to ensure that the Employer Accounts are available for access by authorised users at all times. Notwithstanding this, Muchulo and its third party service providers may be required to undertake maintenance and upkeep of the Employer Accounts from time to time. Muchulo will endeavour to limit any ‘downtime’ to periods outside of standard business hours. Muchulo provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Employer Accounts.
If you collect personal information from a candidate by advertising on Muchulo's then clauses 52 to 54 apply to you:
52. At the time of collection of a candidate’s personal information (whether from a candidate or from Muchulo), or as soon as practicable thereafter, you warrant to Muchulo that you will:
53. From time to time Muchulo may receive requests from candidates regarding personal information collected by Employers. Where Muchulo receives such a request from a candidate whose personal information you have received, we will pass such request on to you. You warrant to Muchulo that whenever such request is provided to you, you will promptly and meaningfully respond to such request and will confirm such compliance to us.
54. You agree to indemnify and hold Muchulo harmless against any loss or damage whatsoever that Muchulo may incur, including but not limited to any civil penalties which may be imposed, as a result of:
56. the Employer hereby grants to Muchulo and Muchulo's related parties a perpetual, non-exclusive, irrevocable licence to use any Employer Data, to:
57. Muchulo may use any data relating to the Employer’s use of, or engagement with the Site and/or the Employer’s use of Muchulo's products and services (Ancillary Data) for any purpose it sees fit, unless such Ancillary Data would reasonably be considered confidential in nature. Muchulo may disclose Ancillary Data to its related parties.
58. It is the Employer’s responsibility to ensure that it has the necessary computer hardware and software systems in place to access and utilise the Employer Accounts.
60. Muchulo reserves the right to, in its absolute discretion (acting reasonably), reject, edit or remove any advertisement from the Site for any reason.
61. Termination of our agreement with you as a result of you breaching any one or more of these Terms, will not end provisions of these Terms that are capable of surviving termination.
62. These Terms are governed by the laws of Spain. Employers irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Spain, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.