GENERAL CONDITIONS FOR PLATFORM USERS

 

1. ACCESS TO AND USE OF SERVICES OFFERED BY MYNGA

1.1. Accessing the Platform

These general conditions (hereinafter, the “General Conditions”) regulate the professional network service offered by MYNGA (hereinafter, the “Service” and “MYNGA”) through its virtual platform, accessible via its mobile application, website or web application (hereinafter, the “Platform”). This platform is designed to assist the natural persons that use it (hereinafter, “Users”) in sharing their professional profile with their contacts and groups or interacting using related services.

1.2. User older than 15 years of age
The User states that they are older than 15 years of age, and that they have sufficient legal capacity to be bound by these General Conditions and to the Specific Conditions, where applicable. They also commit to making a diligent use of the Service and the information contained therein, with complete compliance with the applicable regulations in each case.
1.3. Acceptance of General Conditions and of Specific Conditions where applicable

Access to the Service requires acceptance of these General Conditions by the User, and as a result we ask that Users read them carefully before using the Service. If you do not accept these General Conditions, we ask that you abstain from using the Platform and its content.

Profile setting and some of the related services may be subject to specific conditions which MYNGA may establish at any given moment. These conditions may complete, amend or substitute the General Conditions, as the case may be. Hereinafter, any such conditions, or any other specific conditions from other services offered by MYNGA at any given moment, will be referred to as “Specific Conditions”.

In addition, MYNGA hereby informs Users of the Service that these General Conditions and any Specific Conditions, where applicable, may be adapted or modified at any time without prior notification. As a result, the User will have to read and accept any new versions of the General Conditions and, where applicable, the Specific Conditions. For the convenience of the User, these legal conditions will be easily accessible in the “Settings” section.

1.4. Registration and identification of the User on MYNGA (Electronic Signature)

MYNGA does not require prior subscription or registration to simply browse or to access or use some of the services offered on the Platform. Nevertheless, in order to make active use of the Service, Users are required to register and create a profile by downloading the MYNGA Web Application or Mobile Application through App Store, Google Play (or any other mobile platform, website or other service available at any given moment) through the “Sign Up” section.

During the registration process, the User shall accept the Privacy Policy and the corresponding General Conditions and, where applicable, the Specific Conditions.
In particular, the User shall provide an email address and a personal password in order to make full use of MYNGA as a User. These means of identification and their use through the MYNGA Application which the User must download will serve, to all intents and purposes, as an electronic signature for the User in their relationship with MYNGA and with the other parties that are present on the platform such as Users and Companies through MYNGA (hereinafter, “Electronic Signature”).

Each User’s Electronic Signature will be personal and non-transferable. The User will have the obligation to inform MYNGA of any changes to their personal information. It is the responsibility of the User to take due care to prevent access and/or unauthorized use by third parties that may access or use the Electronic Signature in its name. In addition, the User will have sole responsibility for the selection, loss, theft or unauthorized use of any identifying password or code and for any consequences thereof.

In any case, the User shall be responsible for the proper use of the Service, the MYNGA Application and the Electronic Signature, whatever the circumstances. The User must abstain from using these for purposes that are illegal or contrary to the provisions of these General Conditions or any Specific Conditions.

1.5. Third-party Platforms
If a User connects their MYNGA account with another account of theirs on a third-party platform, it thereby authorizes us to make use of the information that the User publishes through said third-party platforms, which, in turn, have made available to MYNGA, in accordance with the privacy policy and other aspects that are applicable to the third-party platforms in question. In order to obtain more information regarding how to manage the information provided to MYNGA through the corresponding third-party platform, please consult the privacy settings applicable to those accounts.
Should the User share or publish content on a third-party platform through the Service, they must agree to comply with all terms of use, policies and guidelines established by the corresponding social media or third-party platform in relation to the stated content. The User also accepts that they have sole responsibility
for any complaints that may result from their having published or shared any sort of content on any third-party platform.
The third-party platforms are not partners or representatives of MYNGA, and MYNGA will not be responsible for the actions or omissions of these platforms regarding the User’s account therein.

2. SERVICES AVAILABLE ON MYNGA

Below, we will list the services MYNGA currently offers Users of its platform.
Nevertheless, MYNGA may offer new services to Users or modify existing services at any time.
2.1. My Profile

Through this service, the User will be able to present their personal profile, and detail their professional experience, academic training and language skills, among other things.

In addition, in the “Settings” section, currently within “My Profile”, the User can enable or disable (i) the receipt of notifications, and (ii) the receipt of email messages from MYNGA.

In the “Settings” section, the User will have direct access to MYNGA’s General Conditions, Specific Conditions and Privacy Policy in force at any given time, as well as the “Frequently Asked Questions” (FAQ) regarding the search for employment, the User account, the procedure for reporting any problem with the Platform or technical problems, as well as any other information that MYNGA may consider relevant to the User at any given time.

2.2. Chat
Through this service, the Users can chat directly with their contacts on MYNGA.
2.3. Group
Through this service, the Users can participate in the group of their choices and interact with other members of the group. User can integrate multiple groups of their choice.
2.4. Other Services
MYNGA may at any time add new services or modify existing services, either through these General Conditions or through the Specific Conditions.
2.5. Financial Conditions of the Services

MYNGA reserves the right to establish a price for some of the services that it provides apart from those it provides as a professional social network through the Platform. This will be established in the Specific Conditions of the service in question, and in accordance with applicable regulations.

Regarding services with a charge, the User shall undertake to pay MYNGA the established amount in exchange for the use of those services, in full compliance with payment conditions and other conditions, as established in the Specific Conditions of the service in question.

3. PRIVACY AND COMMERCIAL CORRESPONDENCE POLICY

Both at the time of registration and in the event that, while browsing, asking questions, making requests or conducting simulations through the Platform, the User provides us with information of a personal nature, the provisions of MYNGA’s Privacy and Commercial Communications Policy, which the User will have to have accepted beforehand, will apply.

4. MYNGA’S RESPONSIBILITY REGARDING INFORMATION CONTAINED ON THE PLATFORM

4.1. Provision of Information on the Platform

Under no circumstances will MYNGA act as a temporary agency workers. As a professional social network, MYNGA will limit itself to putting Users, their contacts and Companies in contact with one another regarding business opportunities, information relating to them and information on the user’s profile.

MYNGA hereby informs the User that the job offers posted on the Platform by Companies have the sole aim of informing any Users that may be interested in them. To this end, neither the employment offers made available through the Platform, nor access to them by Users, represents any kind of commitment or employment relationship, whether it be contractual or pre-contractual, between the User and the Company in question.

In this regard, Users expressly recognize that MYNGA will not be responsible, in any way, for the job offers posted by Companies, nor for the content and/or veracity of Users’ profiles.

4.2. Operation of the Platform
MYNGA does its best to keep the Platform in good working order, avoiding errors or repairing them when necessary, and keeping Platform content up to date. Nevertheless, MYNGA does not guarantee the availability and continuity of access to the Platform, or the absence of errors in its content; neither does it guarantee that these will always be updated in a timely fashion. The User accepts this, and shall undertake to exercise maximum diligence and prudence when accessing and browsing on the Platform, or when using the content, information and services available therein.
4.3. Amendments to the information on the Platform
MYNGA reserves the right to amend, delete or update the information contained on the platform, its configuration or presentation at any time and without need for prior warning.
4.4. Platform content

The User is committed and undertakes not to use the information available on the Platform in any way that may constitute a violation of regulations or that may be contrary to common decency or morality or to the image and good professional name of MYNGA and its collaborators.

MYNGA shall not be held responsible for the possible consequences that may result from any inappropriate use or negligence on the part of Users regarding such content.

4.5. Use of Information on the Platform

Both access to the Platform and the use of any information contained therein are the sole responsibility of the User. As a result, MYNGA is not responsible for any damages, whether direct or indirect, which may arise from access to or use of the information contained on the Platform.

In addition, MYNGA hereby states that the information contained on the Platform is simply informative and will have to be confirmed by the Companies involved. As a result, MYNGA does not accept any responsibility for any damages that may result, directly or indirectly, from the use of this information by the User.

In addition, MYNGA is not responsible for any damage to Users’ software or hardware as a result of their use of the Platform.

4.6. MYNGA’s Damages Disclaimer
In addition to what has already been stated, and to the extent permitted by Law and excluding what may be stated elsewhere in the remaining General Conditions or Specific Conditions, under no circumstances will MYNGA be responsible for personal damages, whether accidental, special, direct or indirect, including but not limited to damages for loss of profits, loss of or failure to obtain employment, loss of data, interruption to business or any other commercial damages or losses related to the use or unavailability of the application, whatever the cause may be, and regardless of the theory of responsibility (contractual, extra-contractual or of any other type), and even if the User has been warned of the risk of such damages. Under no circumstances will responsibility for all damages (unless stated otherwise in applicable legislation in cases of death or personal bodily injury) exceed five thousand euros (CHF 5,000).

5. USER RESPONSIBILITY

5.1.
The User is aware of and willingly accepts that it is exclusively responsible for the use it makes of the Service. As a result, it will be responsible for any damages of any nature that MYNGA may suffer as a result of a failure to comply with any of the obligations which the User accepts as a result of these General Conditions, Specific Conditions, the Privacy Policy or any legislation applicable to the use of this Service.
5.2.
The User shall undertake to respect applicable legislation and to only make use of content for which they possess the corresponding rights of use. The User expressly frees MYNGA from any responsibility in respect of any claims made by third parties as a result of the violation of their rights or any behaviour on the part of the User that constitutes a failure to comply with applicable legislation, these General Conditions, or any applicable Specific Conditions. The User promises not to use this Service for any purpose other than sharing professional profile or seeking employment.
5.3.
The User promises not to use this Platform for any purpose other than sharing professional profile or seeking employment. In particular, the User will abstain from using the Service for any sort of propaganda, canvassing, advertising (beyond what is strictly necessary for appropriately creating their profile) or for any denigrating acts.
5.4.
MYNGA reserves the right to amend or delete a User’s presentation if their use of the Platform is unprofessional or contrary to the General Conditions or Specific Conditions. This may include deleting the User’s profile or their photograph, if it could be considered offensive, sexually explicit or generally inappropriate. MYNGA reserves the right to modify or delete any presentations or photographs published by Users if they do not show respect for the laws and regulations in force and/or if MYNGA considers the presentations or photographs to be contrary to MYNGA’s quality standards and/or if it considers that they might damage MYNGA’s brand image. In the event of failure on the part of the User to comply with one or several of these stipulations, or in the event of non-compliance with applicable laws or regulations, MYNGA reserves the right to block the User’s account and/or to block their access to all or part of the Service, temporarily or permanently, without the User having any right to compensation, and without prejudice to any other right that MYNGA may possess with regard to applicable legislation, including the right to sue for damages.

6. POLICY REGARDING HYPERTEXT LINKS

6.1.
MYNGA is not responsible in any way for the use or content of hypertext links to third-party websites, nor does their existence imply that MYNGA endorses, agrees with, guarantees or recommends the linked websites.
6.2.
In addition, third parties who intend to use a hypertext link leading to MYNGA’s website must first obtain prior, express, written consent from MYNGA. Either way, MYNGA does not accept any manner of responsibility arising from the use or content of third-party hypertext links.

7. INDUSTRIAL AND INTELLECTUAL PROPERTY

7.1.
All Platform content (including, but not limited to, databases, images, photographs, patents, utility and industrial models, drawings, computer graphics, software, audio, video and text files) is the property of MYNGA or of its content providers, and in the latter case, they have been licensed or transferred by said providers, and are protected by Switzerland and international law regarding industrial and intellectual property. The compilation (meaning collection, design, organization and preparation) of all the Platform content is the exclusive property of MYNGA and is protected by applicable regulations regarding intellectual and industrial property.
7.2.
All software involved in the use and development of the Platform is the property of MYNGA or of its software providers, and is protected by industrial and intellectual property laws.
7.3.
The brands, signs, identifying symbols or logos that appear on the Platform are the property of MYNGA or of its content providers, and have been duly registered or are in the process of being registered. The names of other products, services and companies that appear in this document or on the Platform may be brands or other registered identifying symbols of their respective and legitimate owners.
7.4.
All texts, images, videos or audio media are the property of MYNGA or of its content providers, and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the User or by third parties without the express authorization of the owners of the content in question.
7.5.
Under no circumstances does the provision to Users of access to databases, images, photographs, patents, utility and industrial models, drawings, computer graphics, software, audio, video and text files that are the property of MYNGA or its content providers included on the Platform, constitute the transfer of their property rights or the granting of the right to use them to the User, apart from what is strictly necessary for their use as intended as part of the Service.
7.6.
Any use of Platform content without the authorization of MYNGA is expressly forbidden, including its exploitation, copying, publication, transformation, distribution, transmission by any means, subsequent publication, exhibition, public communication or total or partial reproduction. Any of these will constitute violations of MYNGA’s intellectual property rights, and will be punishable under applicable legislation.

8. LICENCE OF USE OF THE PLATFORM

8.1.
MYNGA grants the User a right or license for use, not to sell, for the use of the Service through the Platform, to which the terms included herein shall apply (hereinafter, the “Licence”). MYNGA reserves any rights not expressly granted.
8.2.
The Licence for the use of the Service through the Platform is a non-transferable licence for the use of this Platform on any compatible device the User possesses or controls, in accordance with what is permitted in the regulations established in these General Conditions. This Licence does not allow the User to use the Platform through other devices that the User does not possess or control, and Users will not be permitted to make the Platform available or distribute it on a network so that it can be used by multiple mobile devices at the same time.
8.3.
The User may not rent, lease, borrow, sell, redistribute or sub-license the Platform. The User may not copy, disassemble, reverse engineer, decompile, attempt to identify the source code thereof, modify or create employment derived from the Platform, any of its upgrades, or any part of it (excepting where this restriction is limited by applicable laws or by any of the terms of the license of use of any of the open source components included in the License). Any attempt to do so will constitute a violation of the rights of MYNGA. Should the User fail to comply with these restrictions, it may result in legal action being taken against them, and the obligation to pay for damages. The terms of the License also cover any updates carried out by MYNGA that substitute and/or complement the Service, unless that update includes an individual license, in which case the terms of that license will apply.
8.4.
The License will remain in force until it is terminated by the User or by MYNGA. The rights granted under this License will be revoked without prior warning should the User fail to comply with any of the terms of the General Conditions, Specific Conditions or the Privacy Policy. Upon termination of the license, the User will be obligated to cease using the platform and to uninstall or destroy any total or partial copies thereof.

9. ACCESSING THE PLATFORM FROM MOBILE DEVICES

9.1.

All terms put forth in these Conditions for Access and Use will be applicable to any use of the Services by the User using a mobile telephone, other mobile devices or computer devices that enable access to the Platform.

9.2.

To this end, the User is hereby informed that MYNGA does not charge for mobile access to the content or services of the Platform, but that the User’s telephone service provider will apply whatever charge was agreed upon by the User for receiving and sending data.
8.3.
MYNGA is not responsible for any of the restrictions that the telephone service provider may apply and that may result in the content or services offered on the Platform not being easily accessible.

10. APPLICABLE LEGISLATION AND JURISDICTION

10.1.

Access to and use of the Service will be governed by and interpreted in accordancewith Switzerland legislation.

10.2.

Any dispute that may arise between MYNGA and the Users of the Service will be settled by the Courts of Law of the City of Bern (Switzerland), and both parties expressly waive any right to any other jurisdiction they may be subject to.

 

 

 

I HAVE READ AND AGREE TO THE AFOREMENTIONED GENERAL CONDITIONS OF THE MYNGA SERVICE IN MY POSITION AS A USER