Unless otherwise specified in these Terms and Conditions, all notices related to these Terms shall be provided in writing via email and will be considered effective upon transmission to the email address provided by you or your representative to Enwage.
Introduction
These Terms of Service govern your utilization of our website and services (collectively referred to as the “Enwage Services”). By accessing, browsing, and utilizing the Enwage Services, you acknowledge that you have perused, comprehended, and agree to be bound by these Terms of Service. If you do not agree to these terms, kindly refrain from accessing or using the Enwage Services.
Entering into Agreement with Enwage
The utilization of the Enwage Services is subject to your acceptance of these Terms of Service. To accept these Terms of Service, you must have the legal capacity to do so. If you are an individual, you must be at least 18 years of age. Should you access the Enwage Services on behalf of a legal entity, the entity must be duly incorporated and in good standing, and you must possess the requisite authority to accept these Terms of Service on behalf of the entity. Without obtaining prior written consent from Enwage, accessing the Enwage Services for the following purposes is strictly prohibited:
- Duplication or replication of content.
- If you are a competitor of Enwage.
- Surveillance of the availability, performance, or functionality of the Enwage Services.
- Benchmarking or competitive objectives.
Enwage reserves the right to terminate your utilization of the Enwage Services at its sole discretion, including for the aforementioned reasons or for any other reason, without prior notice.
Modifications to Terms of Service
Enwage reserves the right to change, modify, add, or remove portions of these Terms of Service at any given time. Your continued utilization of the Enwage Services subsequent to the posting of such changes constitutes your binding acceptance of the modified Terms of Service.
Utilizing Enwage Services
Account Creation: Certain features and functions of the Enwage Services necessitate the establishment of an account. To establish an account, you must:
- Satisfactorily complete the sign-up form.
- Accept these Terms of Service.
Each customer is permitted to have only one account. In the event that multiple individuals necessitate the utilization of an account on behalf of a customer, the customer must designate them as additional users. The customer and any associated users must provide accurate and up-to-date information. Each user shall comply with the limitations delineated in these Terms of Service.
If the customer designates additional users, said users will be duly authorized to act on behalf of the customer when utilizing the account. Verification of user authorization does not fall under the purview of Enwage. Nevertheless, Enwage reserves the right to deny access to the Enwage Services should uncertainty arise regarding a user’s authorization.
Account Login
For accessing their account, Enwage will furnish each customer with a distinctive username and password. These credentials must not be shared among multiple individuals. Should multiple users be involved, separate credentials will be assigned to each user. The customer and each user bear the responsibility of safeguarding the confidentiality of their login credentials. In the event of any disclosure, loss, unauthorized use of login credentials, a user’s departure from the organization, change in a user’s role, or termination of a user’s right, the customer must promptly notify Enwage.
Customer Data
In the event that you upload data to Enwage, you must ensure that said data and its processing align with these Terms and applicable law. Ownership of customer data belongs to the customer or third parties, including users, individuals, and organizations, who have posted or uploaded data on the Enwage Services. By uploading customer data, you grant Enwage the authority to process said data. It is your responsibility to ensure that:
- Customer data does not contravene the provisions outlined in these Terms of Service, infringe upon Enwage’s rights, or violate the rights of other customers, users, individuals, or organizations. Customer data must not be harmful, offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of privacy, hateful, or otherwise unlawful.
- You and all associated users possess the necessary rights to use and process the customer data.
We strongly recommend you to meticulously evaluate the information you transmit, submit, or post to the Enwage Services. You understand that all information contained within customer data is the sole responsibility of the person who originated it. Therefore, as the customer, you bear complete responsibility for all customer data uploaded, posted, transmitted, or made available through the Enwage Services.
Unlawful Customer Data
While Enwage is not obligated to pre-screen, monitor, or filter customer data or its processing, should unlawful customer data or unlawful processing actions come to our attention, we retain the right to:
- Notify you of such unlawful customer data.
- Deny its publication on the website or application.
- Request that you rectify the non-compliant customer data in accordance with these Terms of Service and applicable law.
- Temporarily or permanently remove unlawful customer data from the website or account, restrict access to it, or delete it.
Mandatory Disclosure
Enwage may be compelled to divulge a customer’s confidential information in compliance with legal requirements. In the event of such an obligation, Enwage will make reasonable endeavors to provide prior notification to the customer (to the extent permitted by law). If the customer wishes to contest the disclosure, they shall extend reasonable assistance at their own expense.
If Enwage is legally bound to disclose a customer’s confidential information as part of a civil proceeding where the customer does not contest the disclosure, the customer agrees to reimburse Enwage for the reasonable costs associated with compiling and securely granting access to said confidential information.
Usage of Enwage Services
Subject to these Terms and Conditions and the payment of the applicable service fee, Enwage bestows upon the customer and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to utilize Enwage Services. This license empowers the customer and its users to carry out the following actions:
- Gather, retain, and arrange customer data, including the addition of new individuals and organizations, generating reports based on customer data, adding products for sale, incorporating new users and assigning them permissions, and allocating specific tasks to users.
- Amend and delete customer data.
- Customize the standard features of Enwage Services.
- Obtain reasonable assistance and guidance from Enwage regarding the utilization of Enwage Services.
Technical Assistance
Enwage shall furnish reasonable technical support to the customer and its authorized users upon a reasonable request. Enwage will respond to customer support inquiries as promptly as reasonably feasible. However, responses to inquiries from users who have accepted these Terms and Services but do not possess an account may be less expedient or may not occur at all.
For support, please reach out to us via our contact page.
Service Modifications
Enwage reserves the prerogative to modify the Enwage Services or any of its components periodically and without prior notice. This encompasses the rebranding of Enwage Services, temporarily or permanently discontinuing the provision or development of specific Enwage Services or components and taking necessary actions to safeguard Enwage’s rights in the event of potential violations, distribution of malicious activities, or unlawful conduct.
Should the customer refuse to accept a modification, they must duly notify Enwage. However, the customer’s continued utilization of Enwage Services or any of its components after the effective date of a modification shall signify their consent to the aforementioned modifications. Enwage shall not be held liable to the customer or any third party for any modification, suspension, or cessation of Enwage Services or any of its components.
Job Advertising
Enwage may provide job advertising services through various channels, subject to additional fees. Enwage will exert commercially reasonable efforts to disseminate job advertisements through the chosen channels.
- The customer acknowledges that Enwage cannot guarantee the delivery and acceptance of job advertisements by the relevant channels.
- The customer understands that potential job applicants may peruse job advertisements, and Enwage may enlist third parties as part of its distribution channels.
- These third parties retain the right to reject job advertisements for any reason, even if the customer has remunerated for premium job advertisements.
- Enwage holds no liability for rejected or unpublished job advertisements, and the customer is not entitled to a refund.
- By submitting a job advertisement, the customer grants Enwage authorization to distribute the advertisement.
- Enwage does not guarantee the quality or quantity of responses to job advertisements. The customer bears sole responsibility for candidate selection, conducting background checks, and adhering to applicable laws and regulations, including those pertaining to labor, employment, and anti-discrimination.
- The customer agrees to indemnify and hold Enwage and its subsidiaries, officers, directors, employees, and agents harmless from any claims, costs, damages, liabilities, and expenses arising from a breach of this article by the customer or a violation of additional service policies provided by third parties for job advertisement distribution.
- When required by third parties, the customer agrees to comply with additional service policies for distributing job advertisements and acknowledges their responsibility to research these policies.
Data Processing Agreement
Enwage furnishes a platform where the customer, acting as the data controller, can amass, store, and organize personal data of data subjects. The platform is crafted as a recruitment software tool, and the customer determines its usage within the confines specified by these Terms and Conditions.
Duration
Enwage will process data on behalf of the customer until the termination of Enwage Services, as delineated in these Terms and Conditions. Upon termination, Enwage will retain the customer’s data for six months, affording the customer the opportunity to reactivate the account and resume utilizing Enwage Services. Data extraction or export solutions are not provided by default.
Rights and Obligations of the Parties
Enwage ensures that authorized individuals processing personal data are bound by confidentiality obligations. Enwage will furnish the necessary information to demonstrate compliance with obligations and cooperate with audits and inspections conducted or mandated by the customer. The costs associated with such audits and inspections shall be borne by the customer.
Restrictions
Customers and their authorized users may solely employ Enwage Services and any of its components within the specified scope, through the prescribed means, and for the purposes outlined in these Terms and Conditions, while complying with applicable law. By way of illustration, neither the customer nor any user shall:
- Use Enwage Services or any of its parts or elements for criminal activities, violations of applicable laws, or the solicitation or encouragement of others to engage in such illegal conduct.
- Reproduce, duplicate, distribute, modify, adapt, circumvent, create derivative works from, reverse engineer, or decompile Enwage Services or any of its parts or elements, or attempt to extract its source code unless (i) expressly permitted under applicable law and (ii) to the extent that Enwage is not authorized by said applicable law to exclude or limit the aforementioned rights.
- Utilize Enwage Services or any of its parts or elements without accepting these Terms and Conditions.
Customers and users must acquire Enwage’s prior express written consent (via email, WhatsApp, Skype, or other means) before:
- Selling, reselling, leasing, licensing, sublicensing, distributing, providing, disclosing, divulging, exploiting, or otherwise granting access to or making Enwage Services available, in whole or in part, to any third party, unless said third party is another authorized user of the same customer.
- Using Enwage Services or any of its parts or elements beyond the prescribed scope, means, or purposes for which they were designed.
- Utilizing Enwage Services or any of its parts or elements through programs that automatically send inquiries or requests unless such program has been made available by Enwage.
Privacy Protection
Ensuring the confidentiality of our esteemed customers and users is of utmost importance to Enwage. We hold a deep commitment to safeguarding your personal information and have implemented a comprehensive Privacy Policy, which can be found on our official website, enwage.com. We strongly encourage you to read this policy as it elucidates how we handle and manage your personal data.
Preserving Intellectual Property Rights
Enwage, together with its esteemed third-party vendors and hosting partners, exclusively owns and operates the Enwage Services, encompassing the captivating visual interfaces, innovative graphics, meticulous design, cutting-edge systems, ingenious methods, valuable information, intricate computer code, impeccable software, unrivaled services, distinctive “look and feel,” organized compilation of content, code, data, and all other sublime elements constituting the Enwage Services. These offerings are safeguarded by copyright, trade dress, patent, trade secrets, trademark laws, international conventions and treaties, and all other pertinent intellectual property and proprietary rights laws.
All Enwage Services including its trade names and trademarks, along with any integral constituents thereof, remain the cherished possessions of Enwage, its affiliates, and licensors. Your utilization of the Enwage Services, Enwage Materials, or any corresponding fragments or constituents does not confer upon you any ownership rights or intellectual property rights therein. Please be advised that commercial or promotional distribution, publishing, or exploitation of Enwage Materials is categorically prohibited, unless you have obtained express prior written permission from Enwage or the relevant rights holder. Enwage preserves all rights to the Enwage Services, Enwage Materials, and Enwage trade names and trademarks, not explicitly granted within these exalted Terms and Conditions.
Enwage’s Ownership of Content
Subject to the terms outlined herein and the payment of any relevant fees, Enwage extends to you a limited, non-transferable, revocable, and non-exclusive license to access and utilize the Enwage Services and Enwage Materials. This license is exclusively for your personal, non-commercial use, in accordance with the stipulations presented in these Terms and any supplementary terms and conditions provided by Enwage.
By utilizing the Enwage Services, you may have the opportunity to generate, upload, post, display, publish, share, or transmit content, including messages, files, data, information, or other materials (“User Content”). While you retain full ownership rights over your User Content, you hereby grant Enwage a global, sublicensable, transferable, non-exclusive, royalty-free, fully paid-up license to utilize, reproduce, modify, adapt, distribute, publish, publicly perform, publicly display, and otherwise exploit your User Content in connection with the provision of the Enwage Services.
Enwage values and respects the intellectual property rights of others, and it expects the same from you. If you believe that User Content available on the Enwage Services infringes upon your intellectual property rights, please contact the designated agent of Enwage to file a notice of claimed infringement.
Termination
You maintain the right to cease accessing or using the Enwage Services at any time, thereby terminating your use of the platform. Enwage, on the other hand, reserves the right to suspend or terminate your access to the Enwage Services without prior notice or liability to you. Upon termination, all licenses and rights granted to you under these Terms will be immediately revoked.
Disclaimer of Warranties
The Enwage Services and Enwage Materials are provided on an “as-is” and “as available” basis, without any express or implied warranties. Enwage does not guarantee that the Enwage Services will fulfill your requirements, operate uninterrupted, remain secure, be free of errors, or be devoid of harmful components. Your utilization of the Enwage Services is undertaken at your own risk.
Limitation of Liability
To the greatest extent permitted by applicable law, Enwage, its affiliates, directors, officers, employees, agents, partners, and licensors shall not be held liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. Additionally, Enwage disclaims liability for any loss of data, use, goodwill, or other intangible losses resulting from your access to or utilization of, or inability to access or utilize, the Enwage Services.
Indemnification
You agree to indemnify and hold Enwage, its affiliates, directors, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, presented by any third party due to or arising from your User Content, your utilization of the Enwage Services, your violation of these Terms, or your infringement upon the rights of others.”
Service Charges
The charges for accessing Enwage Services are indicated on the Enwage website or the invoice received by you.
Subscriptions are automatically renewed for the same duration as the previous subscription term, by default, on a monthly or yearly basis.
Unless otherwise specified on the Enwage website or the invoice, customers are required to pay the charges at the beginning of each subscription term or as described on the invoice. The applicable currency for payment will be specified on the Enwage website or the invoice.
All charges exclude VAT, as well as any other relevant taxes or duties, and are non-refundable and non-cancelable for any reason.
If you choose to make payment using a credit or debit card:
- By authorizing us, you permit us to charge your credit card or bank account for all fees due for your subscription term and any subsequent renewal term until you terminate your Subscription.
- Furthermore, you authorize us to engage third-party providers for payment processing and consent to the disclosure of your payment information to such third parties as required.
- You are solely responsible for any bank fees levied by your bank, including recurring payment fees associated with your payments to Enwage.
Termination: Flexibility and Compliance
Termination at the Discretion of the Customer:
- The Customer may terminate these Terms at any time by revoking the billing agreement within Enwage, using the provided procedures.
- Enwage may terminate these Terms if it decides to discontinue providing the Enwage Services and close the Platform.
- Either party may terminate these Terms immediately if legal proceedings are initiated for the liquidation or insolvency of the other party, if a negotiated settlement with the other party’s creditors is concluded, or if an assignment is made on behalf of the other party for the benefit of creditors.
Termination for Default
Either party may terminate these Terms by providing written notice to the other party, as specified in the “Notice” section below,
- In the event of a breach of these Terms by the other party, provided that the breaching party has not rectified the breach within 30 days of receiving notice from the non-breaching party.
- Either party may terminate these Terms immediately if the other party breaches its obligations as outlined in the “Intellectual Property Rights” and “Indemnification” sections of these Terms and Conditions.
Upon termination of these Terms and Conditions, Enwage will deactivate the account. If the customer explicitly requests earlier deletion of the account, Enwage will fulfill such a request within 2 months of receiving it. The customer must:
- Discontinue using and prevent further usage of the Enwage Services, including the Platform.
- Settle any outstanding amounts owed to Enwage under these Terms and Conditions.
- Fulfill any liabilities incurred by the customer prior to the termination of these Terms and Conditions.
The relevant provisions within these Terms and Conditions will remain in effect even after the termination of these Terms and Conditions.
Remedies
If Enwage terminates these Terms and Conditions due to an unresolved breach by a customer or user, Enwage is entitled to employ similar remedies against any other individuals who use the Enwage Services in violation of these Terms.
Notwithstanding the above, Enwage may also utilize any other remedies available under applicable law. Upon the implementation of any remedies, the customer or user may lose access to or experience a loss of certain features, functions, parts, or elements of the Enwage Services.
If Enwage has reasonable grounds to believe that the customer’s or user’s use of the Enwage Services, including the account, may harm any third parties, Enwage has the right to take appropriate measures within its control to prevent, stop, and eliminate such harm, to the extent possible, in order to protect those third parties.
Applicable Law and Jurisdiction
These Terms (including any additional rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the United States and will be subject to the exclusive jurisdiction of the courts in the United States.
Miscellaneous
Relationship of the Parties: The parties will act solely as independent contractors. These Terms and Conditions will not create a joint venture agency, fiduciary duty, partnership, or any other form of legal association between the customer and Enwage. The customer will not represent otherwise, whether expressly, implicitly, by appearance, or otherwise. These Terms and Conditions are not intended to confer any benefits upon any third parties.
Severability
If any term, condition, or provision of these Terms and Conditions is determined to be invalid, unenforceable, or illegal, either in whole or in part, for any reason, that provision will be enforced to the maximum extent permissible to fulfill the intent of the parties. The validity and enforceability of the remaining terms, conditions, provisions, or portions thereof will not be affected.
Assignment
The customer may not assign, transfer, or delegate these Terms and Conditions or any of its rights and/or obligations under these Terms and Conditions, directly or indirectly, wholly or partially, by operation of law or otherwise, without the prior written consent of Enwage.
Any attempted assignment, transfer, or delegation without such prior written consent will be void and unenforceable. However, the customer or its permitted successive assignees or transferees may assign or transfer these Terms and Conditions or delegate any rights or obligations hereunder without consent in the following cases:
To any entity controlled by, or under common control with, the customer or its permitted successive assignees or transferees.
In connection with a merger, reorganization, transfer, sale of assets or product lines, or change of control or ownership of the customer or its permitted successive assignees or transferees.
No Waiver
Failure of either party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.
