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Terms and Conditions
1. Introduction
Welcome to the Powema platform, a platform that facilitates connections between individuals, companies, job seekers, freelancers, trainers, and trainees.
Our mission is to act with the utmost integrity and in compliance with official laws. We ask that you also use our platform appropriately, always respecting the required standards. When using the content available on Powema, where appropriate, we request that you give proper attribution and only edit such content with the necessary permissions. If you identify any errors, please inform us through the contact methods available on our website, using the contact form, or by emailing [email protected].
To use our website, with or without registration, it is mandatory to accept these Terms and Conditions, so it is crucial that you read them carefully
Our goal is to provide services and solutions that meet the needs of our customers, so we will do our best to obtain constant feedback from our customers and users. We aim to develop and improve our services based on this feedback, iterating the development of our products/services to ensure the utmost satisfaction of our users and/or customers.
We will make daily efforts to update these Terms and Conditions to ensure that everything operates smoothly, and we will notify you of any changes.
Below, we present our Terms and Conditions in detail.
2. Definitions
Below, we provide some important definitions related to the operation of the Powema platform:
“Powema” refers to the entity responsible for the platform www.powema.com and the services provided on the platform.
“Collected Information” encompasses all data and information provided by users of the site, such as companies, candidates, freelancers, trainers, trainees, or individuals. Powema is the sole entity responsible for the collected information.
“Ownership of Collected Information” the website www.powema.com is the sole owner of the collected information. It commits not to sell, share, or rent this information to third parties, except as disclosed in our Privacy Policy. We recommend that you carefully read our Privacy Policy.
In this User Agreement:
“Account” refers to the personal account of each user on our site, which can be categorized as “Worker,” “Trainer,” “Individual,” “Buyer,” “Candidate,” or “Employer.”
“Client” or “You” represents any user of our services.
“Services” refers to all services provided by Powema, including job listings, project services, training, premium packages with extra features and fewer limitations, and other services related to the field of Human Resources.
“Site” encompasses the websites operated by Powema, its subdomains, and any connected services, tools, or applications. The sites may include but are not limited to powema.com.
We emphasize the importance of understanding these definitions, as they are fundamental for comprehending our Terms and Conditions.
3. Legal Information
The responsible entity is Powema, with the website www.powema.com/en and the owner’s Tax Identification Number (NIF): 243794959. Located in Portugal in the district of Coimbra.
4. Eligibility, Scope, and Provision of Service
The responsible entity is Powema, with the website www.powema.com/en and the owner’s Tax Identification Number (NIF): 243794959. Located in Portugal in the district of Coimbra.
The language of the powema.com website is currently provided in Portuguese from Portugal. We intend to add new languages, such as Portuguese from Brazil or English. However, even though the site is only available in Portuguese from Portugal, we do not restrict the creation of accounts and content in other languages.
By accepting our Terms and Conditions, you declare that you have the capacity to enter into this contract with Powema.
By agreeing to our Terms, we assume that you are eligible and meet the requirements to use our website.
5. Acceptance and Changes
By accessing and browsing our website, as well as posting job offers, searching for jobs, submitting applications, creating services, providing services, acquiring services, providing courses, or acquiring courses, and using our services in any way, you agree to comply with this contract.
If you do not agree to be bound by this contract, the Privacy Policy, or our Terms and Conditions, we recommend that you do not use our website or our services.
You acknowledge and agree that we may revise this contract at any time at our discretion by posting the updated version on this website. We reserve the right to modify, suspend, or terminate the website, or any part of it, including any services like your use of the website, at any time and for any reason or without prior notice.
We recommend that you stay informed about any updates to this User Agreement, Terms and Conditions, and Privacy Policy. It is important to be in agreement with these documents when using our website.
6. Scope of Our Services
Our online platform, the Powema website, www.powema.com, provides a variety of services related to job posting and searching, services, courses, and other services related to the field of Human Resources. Through our website, we collect information provided by companies and other entities that post job vacancies, search for candidates, and make hires. In this case, we reserve the right to charge a monetary fee to grant access to information available on our website. For example, premium services, premium packages, and paid plans that allow companies to highlight their job vacancies to reach a wider audience, or acquire a paid plan that enables companies to access privileged candidate information, such as CVs and other contact information, and also have the ability to contact a certain number of candidates a specified number of times, as specified in the paid package.
By using our website, clients can browse job offers, submit applications, and schedule interviews. Additionally, they can buy and sell services, as well as acquire courses and training. Our services also include support for acquisition, selection, recruitment, and other Human Resources-related activities. We also aim to provide support for individuals wishing to migrate, live, and work in Portugal, as well as for Portuguese companies looking to hire foreign labor. It’s important to note that Powema does not own or operate the job listings and other content listed on the site by companies and other entities. The contractual relationship is established directly between the Client, candidate, and the companies/entities (legally binding).
The job descriptions and other information present in job postings are based solely on the information provided by companies and other entities. Powema does not verify this information and cannot guarantee that all of it is accurate, complete, and correct. Therefore, we cannot be held responsible for any errors, omissions, interruptions (whether due to failure, repair, update, or maintenance of our site or otherwise), inaccurate, misleading, false, or undelivered information. Each Client and company/entity is responsible for the accuracy, completeness, and correctness of all information displayed on our Site.
The Powema website offers users a variety of online services, including:
• Site-generated content to help professionals manage their ideas, present their portfolios, advertise their offers, and increase market productivity.
• User-generated content, i.e., content submitted, uploaded, and published, created and developed by the professionals themselves.
• Listings of job vacancies, freelancers, and training for professionals.
• Lists of companies registered on the Powema website.
• Lists of candidates registered on the Powema website.
• Rental of advertising spaces on the Powema website and banner creation.
• Hiring and purchase of packages or “packages” with additional features.
Our goal is to provide a comprehensive and functional platform that meets the needs of our users, promoting efficient and secure interaction and service offerings.
7. Use of Our Services by Companies
When posting a job vacancy on the site, the responsible entity must adhere to the following conditions:
• Publish an accurate and detailed description of the available job, providing all relevant information for interested candidates.
• Ensure that the posted vacancy is genuine, not misleading, and complies with applicable laws and regulations related to the recruitment process.
On the other hand, the Powema site cannot be used for the following purposes:
• Any commercial use, meaning the site cannot be used for commercial purposes, such as advertising or promoting products and services.
• Sending, transmitting, or soliciting commercial messages of any kind, including unsolicited advertising.
• Collecting information or data from site users without their prior and proper consent.
• Creating a “Worker” profile with the intention of using the recruitment service, contacting “Workers,” and promoting professional opportunities. This action is considered to be in conflict with the spirit or intention of the Powema service.
• In the case of a recruitment agency, using and accessing Candidate data, and accessing the ability to contact registered candidates on our platform will only be allowed with the purchase of a premium package, which unlocks limitations on accessing information and sending messages and contacts to Candidates.
Our goal is to maintain a collaborative environment focused on job opportunities and services related to human resources. Therefore, any use of the site that violates these conditions will be deemed inappropriate and subject to appropriate measures, including the removal of content and the possibility of restricting access to our services. We are committed to promoting a fair and transparent environment for all entities and users of our site.
8. Parental Authorization
The Powema website is not intended for children under 13 years of age, and it does not intentionally collect personal information from children. Some information available on the site may contain themes that are not suitable for children.
Powema may, at its discretion, require users under the age of 18 to obtain the consent of a parent or legal guardian to view certain content. By using the site, you agree to comply with these restrictions and commit not to assist anyone in circumventing these measures.
Our goal is to maintain a collaborative environment focused on job opportunities and services related to human resources. Therefore, any use of the site that violates these conditions will be deemed inappropriate and subject to appropriate measures, including the removal of content and the possibility of restricting access to our services. We are committed to promoting a fair and transparent environment for all entities and users of our site.
Our goal is to maintain the safety and privacy of underage users and ensure that they do not have access to content that is inappropriate for their age group. Therefore, if you are under 18 years old, you may be asked to obtain parental authorization before accessing certain content on the Powema website. Your cooperation in this regard is essential to ensure a suitable and secure environment for all users.
9. Links to External Pages
As part of our services, when you visit the profiles of professionals or companies on the Powema website, you may be invited to visit links to external webpages.
It’s important to keep the following in mind:
• We will not be held responsible for the content of third-party websites. Powema has no control over the content of these sites, and we cannot guarantee their accuracy, currency, or security.
• We do not review, approve, or control the content of pages operated by third parties. External websites linked from our site are the responsibility of their respective owners and administrators.
• Powema cannot guarantee that all links to these sites are up-to-date. Links may be added or removed by their respective owners without our knowledge.
• Powema does not endorse or represent these sites. Inclusion of links to external webpages does not imply any endorsement, sponsorship, or support by Powema. The use of any link is at your own risk, and we recommend exercising caution when browsing external sites.
We recommend that you be vigilant about the links you click on and read the privacy policies and terms of use of external sites before providing any personal information or using their services. Your safety and privacy are important to us, so we encourage you to use our site consciously and responsibly.
10. Service Modifications or Site Unavailability
The Powema website reserves the right to, at any time, modify or discontinue, temporarily or permanently, the service or any part of it, with or without notice. You agree that the Powema website will not be held responsible for any modification, suspension, or discontinuation of the service.
We understand that circumstances may arise that require changes to the service or its temporary unavailability, whether for platform improvements, maintenance or updates, or operational reasons. In such cases, we will strive to communicate significant service interruptions in advance whenever possible.
However, you acknowledge and agree that unforeseen situations can occur, and we reserve the right to take necessary measures to ensure the integrity and proper functioning of the service, even if it results in temporary unavailability.
We reiterate that Powema will not be held responsible for any inconvenience or damages arising from modifications, suspensions, or discontinuations of the service, regardless of the reason. We do our best to keep the platform running smoothly and provide quality service, but in case of interruptions or changes, we appreciate your understanding and continued support.
We appreciate your trust and are always available to address any questions related to our service.
11. Disclaimer
This website is not and should not be considered a recommendation or endorsement of the quality, level of service, or qualifications of the job postings or job descriptions displayed on the site.
Nothing on this website is intended to be or should be interpreted as an offer to enter into a contractual relationship, except for this User Agreement and our policies that govern the relationship between us regarding your use of the site.
If you enter into a contract with a third party mentioned or referenced on this site, it is your responsibility to ensure that the terms of that contract are acceptable to you and to seek legal advice if necessary.
We emphasize that the Powema website is a platform for posting and searching for jobs, services, training, and other information related to Human Resources, and we are not responsible for transactions or agreements made between site users and third parties. Users should take appropriate precautions when establishing contractual relationships with other entities mentioned on the site.
While we strive to provide accurate and up-to-date information, we cannot guarantee the accuracy or completeness of all information presented on the site, including information provided by third parties. It is the responsibility of users to verify the truthfulness and suitability of the information before making any decisions or taking actions based on it.
Powema will not be liable for any damages, losses, or inconveniences arising from the use of this site or the information contained therein. Use the Powema website responsibly and conscientiously, and in case of doubts or issues, please contact us so that we can provide the necessary support and assistance.
12. Platform Liability
Powema is not responsible for projects closed outside the platform, even if the initial contact occurred within it.
The platform acts solely as an intermediary in the relationships between clients and service providers, and it does not guarantee user satisfaction regarding the conduct of the other participant.
Any questions related to published projects should be sent directly to the responsible client using Powema’s messaging system.
Powema does not guarantee the identity, integrity, and sincerity of freelancers and clients.
It is the user’s responsibility to verify all provided information before selecting a freelancer or initiating a project.
The freelancer acknowledges that they are not an employee of the Powema platform and will provide services as an independent professional, without an employment relationship, on an occasional, non-exclusive basis, without subordination, and in exchange for pre-agreed compensation solely for the services rendered.
13. Fees and Services
Powema charges fees for certain services, including fees and costs for service packages and other fees as indicated on the site.
When using any paid service, you will have the opportunity to review and accept the fees that will be charged. Powema may change the fees from time to time and will update you by posting the revised fees on its website. The platform may also choose to temporarily change the fees for promotional events or new services, and these changes will be effective when they are posted on the Sites.
By posting any job on the site or using any services, you authorize Powema to initiate payment using the designated payment method on your behalf.
For Clients, there are no registration costs. However, users can choose to “Highlight” the project with options that provide more exposure to the project. Depending on the chosen payment method, there may be fees and interest charges imposed by the payment providers themselves.
For Workers, there are no registration costs for user accounts. Powema adds a fee of 5% to 35% (minimum of R$ 25.00 / € 5.00 / $5 ) to the offer sent to the client, and this fee is calculated based on the final value of the proposal. In addition, the freelancer can choose to purchase one of Powema’s premium plans to gain various advantages. The available plans can be found at this link: http://termos-powema.test/pacotes.
For Employers/Buyers there are no registration costs for user accounts. Powema adds a 5% to 35% fee (with a minimum of R$ 25.0 / € 5.00 / $ 5.00) to the purchased/acquired offer, and this fee is calculated based on the final value of the proposal. Additionally, the Buyer/Employer can choose to purchase one of Powema’s premium plans to access various advantages. The available plans can be found at this link: www.powema.com/prices.
For Candidates, various services and premium packages can be purchased, allowing access to features and ways to contact companies, submit applications, and gain access to privileged company information, such as email contact information, among other benefits, which can be reviewed here: http://powema.com/prices.
For Companies, various services and premium packages can be purchased, allowing access to features and ways to contact candidates and gain access to privileged candidate information, such as CVs, resumes, email contact, and phone contact, among other advantages, which can be reviewed here: http://powema.com/prices.
14. Submissions
You declare and warrant that all your submissions, posts, and content:
• Will not infringe or misappropriate copyrights, patents, trademarks, trade secrets, or other intellectual property rights, nor will they violate property rights or rights of publicity or privacy of any person;
• Will not violate any law or regulation;
• Will not be defamatory or libelous;
• Will not be obscene or contain information that contains pornography, violence, discrimination, or any conflict with legal provisions;
• Will not contain information about the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons;
• Will not contain material linked to terrorist activities;
• Will not include incomplete, false, or inaccurate information about any client or other person;
• Will not contain any viruses or other computer programming routines intended to damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
The Powema website may contain links to other third-party websites. However, Powema does not control the linked sites from the website and does not endorse the content, products, services, practices, policies, or performance of these sites. The use of third-party content, links to third-party content, and/or websites is at your own risk.
You acknowledge and agree that Powema may preserve your contributions and, if necessary, disclose them by law or in good faith, such as in compliance with legal processes, to enforce the Terms and Conditions, respond to claims of copyright infringement, or protect the rights, property, or safety of the Powema website, its users, or the public.
You understand that the technical processing and transmission of the website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Powema assumes no responsibility for the deletion or failure to store your contributions or other information submitted by you or other users to the website.
Any or all content on the website may be purged periodically, at the sole discretion of Powema. You acknowledge and agree that all content that you view, submit, or post is at your own account and risk, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that the opinions expressed on the Powema website do not necessarily reflect the views of the platform, and that content posted and submitted by you or any user is not endorsed or sponsored.
By using the Powema website, you are not conveying confidential, secret, or proprietary information, or any other material belonging to you. Any information or material submitted to the Powema website will be considered non-confidential or non-secret. By submitting and sending information or other material to the Powema website, you represent and warrant that the information is your original work, that no other user has rights to it, and that it will not violate any prohibitions referred to in these Terms and their Contents.
You are solely responsible for any data, text, software, music, sound, photographs, images, graphics, videos, messages, files, or other materials (referred to here as “content”) that are transmitted, posted, or distributed by you through the Powema website. By posting content, you warrant that you own all rights, titles, and interests in it and assume any likeness contained in it. Powema does not own or control content posted by users and cannot guarantee the accuracy, completeness, or quality of that content. Posting content created by other users is offensive, immoral, and reprehensible. Under no circumstances will Powema be liable for any content posted by users or third parties, as well as for errors or omissions, loss, or damage of any kind incurred as a result of the use of content posted or transmitted through the service.
15. Charges
Fees for our services will be charged immediately. The website will automatically charge your credit card or PayPal account (or other available payment methods) as soon as you place an order and make a purchase on the website. Customers acknowledge that the billed amount may vary for reasons including but not limited to different amounts due to promotional offers, changes in services, and customer size, applicable taxes and fees. By placing an order, you authorize the website to charge these varied amounts to your credit card or PayPal account, stripe, mbway (other payment methods).
The website may also periodically authorize your credit card for paid subscription services, according to the information indicated on the website and for which you have signed up. All fees and charges are non-cancelable and non-refundable unless authorized by Powema.
16. Right to Refuse Service
Powema reserves the right to close your account, at its sole discretion, for various reasons, including but not limited to:
Violation of the Terms and Conditions and/or Privacy Policy;
Violation of applicable laws;
Violation of the intellectual property rights of third parties;
Involvement in fraudulent or deceptive activities;
Legal obligation to do so;
Risk or loss to Powema;
Offense or risk to other users;
Other similar reasons.
If Powema decides to temporarily or permanently terminate your account, it may, when allowed by law but not necessarily, notify the customer or legal entity of the reasons for the termination.
If you wish to delete your account on your own, it is your responsibility to pay all outstanding fees and settle your account in full before closing your account. After the account is closed, you will lose access to data, messages, files, or other materials that you kept in the account, and Powema will have no liability for any loss of content unless required by law. Powema may retain some or all of your account information as allowed or required by law.
The Powema website is provided for the information, disclosure, and organization of information that enables communication between professionals and businesses seeking services. By using the website, you agree to provide true, accurate, current, and complete information about yourself as requested in the user profile creation form. Providing false, incorrect, outdated, or incomplete information may result in the rejection of your contributions, the termination of your right to use the site, and the refusal of any future use of the services.
The Powema website condemns harmful, threatening, abusive, offensive, defamatory, vulgar, defamatory, misleading, fraudulent, explicit or graphic descriptions or reports of sexual acts, invasive of the privacy of others, hateful, victimizing, harassing, degrading, or intimidating individuals or groups based on religion, sex, sexual orientation, race, ethnicity, age, or disability. Powema may deny access to any section of the website whenever it is necessary to comply with mandatory legal requirements.
17. Indemnification
You agree to indemnify and hold Powema, its directors, officers, employees, agents, representatives, contractors, licensees, successors, and assigns harmless from all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages) and reasonable attorney’s fees arising out of or related to:
(i) A breach of these Terms and Conditions;
(ii) Content you have posted on the website;
(iii) The use of the Services by you or anyone using your account or username and password;
(iv) The sale or use of the Services;
(v) Any violation of any third-party rights.
You agree to defend, indemnify, and hold harmless the Powema website, its affiliates, administrators, directors, employees, representatives, and successors from any claims, liabilities, costs, and expenses, including attorney’s fees, arising from the use or misuse of the website and services, including content uploads, posts, emails, reproductions, distributions, or transmissions of any content or other materials submitted by you or authorized users on your behalf, as well as any other breach of these Terms and Conditions, including any claim that content infringes copyright or other intellectual property rights.
18. Warranties and Disclaimers
We, Powema, do not make specific promises about the Services, including the content within them, their specific functions, their reliability, availability, or ability to meet your needs. We provide the Services “as is” and do not offer express or implied warranties.
In some jurisdictions, there may be mandatory warranties, such as the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. However, to the extent permitted by law, we exclude all warranties, whether express or implied.
Powema is not responsible for projects closed outside the platform, even if the initial contact occurred within it. Our platform acts solely as an intermediary between contractors and service providers and does not guarantee user satisfaction regarding the conduct of other participants.
We do not guarantee the identity, integrity, and sincerity of Workers and Clients. It is the user’s responsibility to verify all provided information before selecting a Worker or initiating a project.
It is important to note that Workers are not employees of the Powema platform. They provide their services as independent professionals, without any employment relationship, and receive compensation for their work as previously agreed upon.
In summary, we provide the Services to the best of our ability, but we cannot guarantee specific results or assume responsibility for projects closed outside the platform or the conduct of users. We recommend that users take appropriate precautions when selecting Workers or initiating projects.
19. Responsibility for Our Services
Powema will not be liable for any claims or damages arising from the use of the Site, the Services, or any content, including but not limited to lost profits, special losses, indirect, incidental, punitive, or consequential damages, or for the inability to provide substitute goods or services.
In all cases, Powema and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
20. Jurisdiction Limitations
If there is any law or jurisdiction that prohibits or establishes limits for the limitations described in these Terms and Conditions, Powema reserves the right to apply such limitations to the maximum extent allowed by these laws.
Powema declares that the technical and operational features of the website www.powema.com comply with the laws of Portugal, and therefore, Portuguese courts will have exclusive jurisdiction over any dispute arising from the use of this website.
These clauses establish the applicable jurisdiction for resolving any disputes related to the use of the site and the services, and ensure that the law of Portugal and Portuguese courts will be responsible for addressing any legal issues related to the use of the platform.
21. Law and Forum for Legal Disputes
As established in these Terms and Conditions, the User Agreement will be governed and interpreted in accordance with the laws of Portugal. In the event of any dispute that cannot be resolved through negotiations, the parties agree to irrevocably submit to the exclusive jurisdiction of the courts of Portugal to address the matter.
It is important to note that by using the Powema website and its services, you agree to comply with all rules and laws applicable to online conduct in accordance with the laws of Portugal, which also govern the Terms and Conditions of the site.
If any clause of these Terms and Conditions is deemed invalid or unenforceable, it will be interpreted to reflect, to the extent possible, the original intentions of the parties, while keeping the other clauses in full force and effect. Nothing in these Terms and Conditions shall confer rights to third-party beneficiaries.
Regarding copyright, in accordance with the Law, the Worker will assign to the Client all rights to the content produced, exclusively, irrevocably, unretractable, and free from time and/or geographical restrictions.
The Worker expressly authorizes the publication of the final content by the Client on any social network, without any mention of the Worker, after the payment is released to the Worker. However, before the release of payment, the Client may not use the material provided by the Worker.
After the cessation of copyright, the Worker is prohibited from using the material produced in the project on any social media or communication medium without the prior authorization of the Client.
22. Divisibility
If any provision of this User Agreement is found to be invalid, unenforceable, or non-binding for any reason, the remaining provisions shall remain in full force and effect. The invalid, unenforceable, or non-binding provision shall be applied to the extent permitted by applicable law, and the parties shall agree to accept at least an effect similar to that of the invalid provision, given the content and purpose of this User Agreement. This allows the rest of the agreement to remain valid and enforceable even if a specific part is deemed invalid or unenforceable.
23. Interpretation
The headings or titles of sections in this User Agreement are provided for convenience and reference purposes only. They are not intended to limit, define, describe, or interpret the scope, meaning, or extent of any section of the agreement. In other words, the section headings should not be considered as part of the legal content of the agreement and do not affect the interpretation of the provisions contained within it. The clauses of the agreement shall be interpreted according to their terms and intentions, regardless of the section headings or titles.
24. No Partnership
This clause establishes that nothing in the Terms and Conditions/User Agreement should be construed as creating an agency, partnership, joint venture, mutual activities, employment, franchisor-franchisee, or any other relationship not expressly stated in the agreement. In other words, the agreement establishes a specific contractual relationship between the parties (for example, the relationship between the Powema platform and the users) and does not create other forms of association or partnership that are not explicitly mentioned in the document. This clause aims to clarify that the parties involved in the contract are independent and are not creating a relationship beyond the scope of the contract itself.
25. Contact Us
To communicate with us and get in touch with the Powema support team, please contact us at [email protected] or use our contact form available on our website: https://powema.com/contact/.