General Terms and Conditions

Article 1 – Definitions


The terms indicated below with a capital letter have the following meanings in these general terms and conditions:

















Article 2 – Introduction


2.1 Identity


JOBWINWIN SARL operates a website and a mobile application called "JOBWINWIN."


JOBWINWIN SARL is a Limited Liability Company, with a capital of 100,000.00 DHS, registered in the Casablanca Trade Register under number 469095, with its registered office at 219, Mustapha Elmaani Street, 3rd floor, Apartment 2, 20000 Casablanca, Morocco.


Contact

JOBWINWIN SARL

Email: support@jobwinwin.ae

Phone : +971 58 597 3037



These general terms and conditions of use, "T&C," submitted to United Arab Emirates law, are intended to govern the use of the JOBWINWIN services.


Every Candidate and Recruiter, by accessing and using the JOBWINWIN Application, declares to have read these General Terms of Use and expressly accepts them without reservation and/or modification of any kind. Therefore, these T&C are fully enforceable against Candidates and Recruiters.


Thus, accepting these T&C entails the user's commitment to complying with all the provisions and obligations set forth therein.


JOBWINWIN reserves the right to update these T&C at any time based on the evolution of services, payment functionalities, and/or current laws and regulations.


In case of non-compliance with the terms of these T&C, JOBWINWIN SARL has the right to take any measure to protect its interests, particularly to ensure their enforcement.


JOBWINWIN SARL may hold the website/application user liable for civil and/or criminal responsibility.


Any contrary condition not accepted by JOBWINWIN SARL is not enforceable. The fact that JOBWINWIN SARL does not rely on one of these general conditions does not equate to a waiver of JOBWINWIN SARL to rely on it later.


2.3 Domain Name Reservation


https://www.jobwinwin.ae/ is a registered and reserved domain.


2.4 Trademark


Subject to the express provisions of these T&C, the JOBWINWIN logo is our trademark. Therefore, we do not grant any permission to use this trademark, and such use may constitute a violation of our rights.


2.5 Protection of Personal Data


The protection of personal data and your privacy is an important principle for us. This is why we primarily collect personal data to enable the proper use of our services. By submitting personal data on our website and application, you explicitly consent to the use of your personal data as provided for in these T&C. By registering an account, you agree to the collection and use of your personal data. However, you can visit and browse certain pages of our website and application without providing personal data.
It should be noted that JOBWINWIN does not market your personal data to third parties.
In accordance with Federal Decree-Law No. 45/2021 on the Protection of Personal Data (PDPL 2021), the user has the right to information, access, rectification, and opposition to the processing of personal data concerning them.
Users accept the processing of their personal data in accordance with the conditions of these T&C and the notification regarding JOBWINWIN cookies, accessible on our website and application.
Considering the risks associated with using the Internet, you are responsible for unauthorized access to your password and electronic devices. Therefore, we recommend not sending all your payment information in your communications.
To mitigate these risks, we have implemented appropriate technical measures to prevent unauthorized access to your personal data.
If the user is involved in a dispute with JOBWINWIN or if JOBWINWIN must carry out the execution of the T&C or defend, apply, exercise, and enforce its rights, JOBWINWIN has the right to collect and use all personal data of users to the extent necessary to resolve a dispute.


Article 3 - Jurisdiction and Applicable Law


Governing Law


The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.


Disputes Resolution


If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.


For European Union (EU) Users


If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.


Article 4 – Purpose


The application developed by JOBWINWIN facilitates the search for a job, an internship, or a freelance contract for Candidates and the search for a candidate for Recruiters. Any User wishing to use the Application will need to provide certain personal data during registration/usage of the Application, so that the Application can achieve its purpose, within JOBWINWIN's legitimate interest in the execution of its activities.


Article 5 – Use of the JOBWINWIN Service


The functionalities of the JOBWINWIN Service vary based on the user's role: Candidate or Recruiter. They undertake to respect and maintain the confidentiality of the login credentials for their respective Accounts.


5.1 Candidates

The JOBWINWIN Service allows Candidates to match with job postings published by Recruiters, automatically proposed based on various criteria.
To use the JOBWINWIN Service, the Candidate must first register and set a password.
The registration involves several steps, and the Candidate must:


5.1.1 JOBWINWIN displays job postings relevant to the Candidate's preferences and profile.

To use the JOBWINWIN Service, the Candidate must be logged into their Candidate Account, and job postings that match their profile and preferences are automatically suggested through an algorithm.
To offer relevant job postings to Candidates, the criteria provided by the Candidate during registration are taken into account.


5.1.2 The Candidate is presented with job postings:

They can view the job posting through 3 cards: job offer, job description, company description. If interested in the job, they must click on Win or swipe the job posting to the right. If not interested, they must click on the cross or swipe the job posting to the left and move to another job posting suggested by JOBWINWIN's algorithm. 5.1.3 Throughout the application process, the Candidate receives various notifications via the application when:


5.1.4 The Candidate can at any time update the information on their Candidate Account by directly updating their information/preferences on their profile on the JOBWINWIN Application.


5.2 Recruiter's Journey

The JOBWINWIN Service enables Recruiters to publish job or internship postings, which are automatically proposed to Candidates based on various criteria.

5.2.1 Registration of Recruiters for JOBWINWIN Services

To use the JOBWINWIN Service, the Recruiter must first be registered through the company's representative.


Via the registration form, JOBWINWIN collects your personal data to identify a contact person within the company and personalize the matching process with the candidate.

This processing has been subject to authorization from the National Commission for the Control of Personal Data (CNDP). The collected personal data may be transmitted in accordance with the transfer request submitted to the CNDP.

You can contact support@jobwinwin.ae to exercise your rights of access, rectification, and opposition in accordance with the provisions of Law 09-08.

To publish job postings, the company must be previously registered by JOBWINWIN, which will request all necessary information from the designated contact person.

The Company Account and the Responsible person Account will be created. The Responsible person will then have a Recruiter Account to publish job postings and create recruiters who can, in turn, publish job postings and match with candidates. Several Responsible person and Recruiter accounts can be created depending on the company's structure. The Responsible person must enter the identity information of the recruiters who will receive an email to log in and update their information and password in the Settings section.

5.2.2 Once registered, the Recruiter can write a job posting by completing the required information on the position and the profile(s) sought. This posting must be validated by the company's Responsible person, who receives a notification upon each creation of a job posting. Once validated, the posting is published on the JOBWINWIN Application and is viewable by Candidates. The Recruiter, in turn, receives a notification of validation and publication.


5.2.3 Management of job postings by the recruiter

The recruiter can, at any time, create or modify a job posting and publish it after validation by the responsible person. Only the recruiter who created the job posting can match with interested candidates.

5.2.4 The Recruiter is presented with candidates based on the job posting they publish

They can view the candidate through 3 cards: Identity, current position and candidate's wishes, Experiences and education, Soft skills, and candidate values. If interested in the candidate, they must click on Win or swipe the candidate's profile to the right. If not interested, they must click on the cross or swipe the candidate's profile to the left, and another profile will be suggested based on JOBWINWIN's algorithm.

When a candidate and a recruiter match, they can view the matched profile in the Wins section. From there, they can connect via JOBWINWIN's messaging to arrange a meeting. Both Candidate and Recruiter receive a notification upon receiving a message.

The Recruiter can remove the Candidate from their Wins, in which case, the Candidate will be informed.

Article 6 - Intellectual Property Rights - Right of Use (mentioned in the introduction)


6.1 All intellectual property rights emerging from the Application (as well as any potential adaptations and/or extensions) lie and will remain with JOBWINWIN. The Application is the property of JOBWINWIN.

The trademarks, logos, images, photos, animations, videos, and texts, and processes on the Application and the website are the intellectual property of JOBWINWIN and cannot be reproduced, used, published, distributed, sold, or displayed without the prior written authorization of JOBWINWIN.

The user acknowledges this fact.

JOBWINWIN grants the User a non-exclusive right to use the Application in accordance with the General Terms & Conditions.

In the event that the User violates these General Conditions and/or uses the Application incorrectly or abuses it, JOBWINWIN reserves the right to immediately refuse access and use of the Application to the User and/or to block and/or remove them, without prior warning.

According to its own understanding, JOBWINWIN has the right to adapt the Application. JOBWINWIN will timely inform the User about the processing of updates and/or upgrades, provided that they are essential for the use of the Application. This is always done at JOBWINWIN's discretion.

Any use not expressly authorized of the elements of the JOBWINWIN website and Application constitutes a copyright infringement and may also constitute a violation of image rights, personal rights, or other rights and regulations in force. It may therefore engage the civil and/or criminal liability of its author.

6.2 It is forbidden for any Candidate or Recruiter to:

Copy, modify, create a derivative work, reverse-engineer, sell, assign, sublicense, or transfer any rights related to the elements in any way.

Use or query the JOBWINWIN Service for the account or benefit of others.

Extract, for commercial or non-commercial purposes, all or part of the job information on the JOBWINWIN Service and the Website and the Application.

Reproduce, on any other media, for commercial or non-commercial purposes, all or part of the information or job postings present on the JOBWINWIN Service and the website and application to reconstruct all or part of the original files.

Use a robot, especially an exploration (spider), a website search or retrieval application, or any other means to retrieve or index all or part of the content of the JOBWINWIN website and application.

Copy information on any medium enabling the reconstruction of all or part of the original files.

6.3 The JOBWINWIN trademark and logo are registered trademarks. Any total or partial reproduction of these trademarks and/or logos must be subject to JOBWINWIN's prior written authorization.


6.4 JOBWINWIN is a database producer. Consequently, any extraction and/or reuse of the database(s) according to the current law on intellectual property is strictly prohibited.


6.5 JOBWINWIN reserves the right to take legal action against individuals who have not complied with the prohibitions contained in this article.


6.6 Hyperlinks


6.6.1 Links from the JOBWINWIN Service


The JOBWINWIN Service may contain hyperlinks redirecting to sites operated by third parties. These links are provided for informational purposes only. JOBWINWIN has no control over these sites and disclaims any responsibility for access, content, or use of these sites, as well as for any damages that may result from consulting the information on these sites.

The decision to activate these links is the full responsibility of the Candidate and the Recruiter. It is prohibited for the recruiter to include hyperlinks in the job posting description. The only links included in the job posting or the Candidate's profile are related to their respective social networks, and the associated content is their full responsibility.

6.6.2 Hyperlinks to the JOBWINWIN Service

No hyperlink can be created to the JOBWINWIN Service without the prior and express consent of JOBWINWIN SARL.

If an individual or a legal entity wishes to create a hyperlink to the JOBWINWIN Service from their site, regardless of the medium, they must first contact JOBWINWIN by sending an email to the following address: contact@jobwinwin.ae.

The absence of a response from JOBWINWIN should be interpreted as a refusal.

6.7 The content of the job and internship postings belongs to the Recruiters.

However, by posting job and internship offers on the JOBWINWIN Application, the Recruiter concedes to: JOBWINWIN, a non-exclusive, transferable, sublicensable, free-of-charge, worldwide right to the entire content of the job postings, particularly photographs, texts, videos, illustrations, trademarks, logos, and titles (hereinafter the "Content"), as they are published on the JOBWINWIN application or website, and a license on all intellectual property rights related to the Content and notably copyrights on the elements used in their postings, such as photographs, texts, videos, drawings, illustrations, sound elements, for the entire legal duration of their intellectual property rights and worldwide.

The rights granted include the right to reproduce, represent, distribute, adapt, modify, create a derivative work, translate all or part of the Content by any means, in any form, and on any medium (digital, printed, etc.) known or unknown to date, within the scope of the JOBWINWIN Service or in connection with the activities of JOBWINWIN SARL, for commercial or non-commercial purposes, particularly advertising purposes, and for dissemination on social networks where the JOBWINWIN Service is present, especially on Facebook, LinkedIn, Instagram, and Twitter.

The Recruiter consents to the reuse of their job posting and its content on social networks, particularly Facebook, LinkedIn, Twitter, and Instagram. Therefore, the Recruiter acknowledges having read the general terms of use of Facebook, LinkedIn, Twitter, and Instagram and accepts their terms, particularly regarding the reuse of Content and personal data.

Under this license, JOBWINWIN, without creating an obligation to act, has the right to object to the reproduction and exploitation by unauthorized third parties of the postings disseminated on its Application and their Content.

To Candidates, the non-exclusive right to access the Content via the JOBWINWIN Service and to use and represent the Content to the extent permitted by the functionalities of the JOBWINWIN Service, for the entire world.

Article 7 - Availability and Usage Recording of the Application


Without prior notice, JOBWINWIN may deactivate access to the Application or limit its usage as required for maintenance or for adaptation and enhancement operations of the Application or for any other reason, without entailing any compensation rights to the User from JOBWINWIN.

The behavior of the Application User is recorded. The purpose of recording the User's behavior is to optimize the Application's functionality and make necessary improvements.

Article 8 – Responsibility


Access by the Recruiter and the Candidate to the JOBWINWIN Application and/or Website is conditional upon their adherence to these General Terms of Use. Therefore, JOBWINWIN reserves the right to unilaterally and without prior notification refuse access to its mobile Application to any Recruiter or Candidate not complying with these General Terms of Use. JOBWINWIN solely commits to an obligation of means and does not guarantee any effective results concerning obtaining employment or recruiting a Candidate.

JOBWINWIN cannot be held responsible for the content of the Offers posted by Recruiters and does not provide any guarantees, explicit or implicit, in this regard.

JOBWINWIN is a third party to correspondence via its Application's messaging system and any relationships between Recruiters and Candidates. It cannot be assimilated in any way to an employer, a professional organization that has published one or more offers, a candidate, or an agent of these parties, and therefore excludes any liability in this regard.

JOBWINWIN has no control over the quality, security, or legality of job offers or Candidate resumes and profiles displayed on the JOBWINWIN Service, the accuracy or truthfulness of the content, the ability of Recruiters to offer jobs to Candidates, or the ability of Candidates to fill the proposed positions.

The information on the Application is of a general nature. The information is not tailored to personal or specific circumstances and, therefore, cannot be considered as personal, professional, or legal advice to the User.

JOBWINWIN makes significant efforts to ensure that the information provided is complete, correct, accurate, and up-to-date. JOBWINWIN does what is necessary to reasonably secure the data that the User inputs into the Application against loss, theft, and unauthorized access. However, despite these efforts, inaccuracies may occur in the provided information.

If the information provided contains inaccuracies or if certain information becomes unavailable via the Application, JOBWINWIN will make every effort to rectify it as soon as possible.

JOBWINWIN is not responsible for any direct or indirect damage that may arise from the use of the information on the Application or from any direct or indirect damage due to inaccuracies in the provided information.

If you notice inaccuracies and/or illegitimate use in the information provided on the Application, you can contact the Application manager using the contact form mentioned in Article 1.

The content of the Application (including any potential links) is subject to adaptation, modification, or completion at any time without notice or communication. JOBWINWIN does not provide a warranty regarding the proper functioning of the Application and is in no way responsible for improper functioning or temporary unavailability of the Application or any form of damage, whether direct or indirect, arising from access to the Application or its usage. JOBWINWIN is not liable to anyone, whether directly or indirectly, particularly for damages caused by the use of this Application or another, especially through links or hyperlinks, including but not limited to any loss, work interruption, damage to the User's computer system, devices, programs, or other data.

The Application may contain hyperlinks to third-party websites or pages, or may indirectly refer to them. The inclusion of links to these websites or pages does not imply an implicit endorsement of their content. JOBWINWIN implicitly states that it is not responsible for the content or other characteristics of these links/websites and is not liable for their content or characteristics, nor for any other form of damage caused by their use.

The User acknowledges and accepts that the Application cannot be perfect or 100% complete and that any insufficiency will not be (able to be) remedied, although JOBWINWIN makes every effort to do so.

JOBWINWIN disclaims any liability for:

Recruiter’s responsibility

The Recruiter hereby warrants that:

The Recruiter prohibits the following actions, among others, but not limited to:

Candidate’s responsibility :

Article 9 - Automated Control and Deletion of Offers

JOBWINWIN reserves the right to delete, without notice, compensation, or right to a refund, any Offer that does not comply with the rules of distribution of the JOBWINWIN Service and/or might infringe upon a third party's rights.

Any Recruiter or Candidate who identifies any content published within the JOBWINWIN application as illegal, and that might constitute an offense such as incitement to racial hatred, hatred towards individuals based on their gender, sexual orientation or identity, or disability, child pornography, incitement to violence, especially violence against women, or any attacks on human dignity, is encouraged to notify JOBWINWIN using the contact form specified in Article 1.