Penguins for Good, its parent company, affiliates, or subsidiaries

 

Terms and Conditions

 

1. Introduction

 

Dear User,

Welcome.

 

Our innovative Platform is a Hub for Professionals to refer Candidates to career opportunities that contribute to their professional and personal growth. In addition, the Penguins for Good Platform enables Companies, Referring Professionals, and Referred Candidates to do good by donating to social causes.

 

By facilitating collaboration, our Platform proposes a new way for companies to attract and hire talent.

 

The challenges of finding, attracting, and hiring Science, Technology, Engineering, and Mathematics (STEM) professionals are enormous. Good talent is already employed and hard to access. Their careers are on the rise. Most of these Talents don't have time to respond to the weekly invitations for selection processes.

 

When a good Candidate declines an invitation to participate in a selection process, they soon hear the following question: Do you have anyone to recommend?

 

That's where Penguins for Good comes in!

 

Our Platform increases companies' chances of connecting with the best talent on the market. 

 

Join us today and be part of this exciting revolution in the connections between companies and Talent!

 

2. Agreement (Terms and Conditions)

 

Please take a moment to read this Agreement (Terms and Conditions) carefully. It governs users' interaction with the Penguins for Good  Platform and provides information on how to use our services. Before you start using the Penguins for Good  Platform, it is essential to ensure that you have understood all the conditions set out and our Privacy Policy (see here), which forms part of this Agreement (Terms and Conditions).

 

By accessing the Penguins for Good  Platform (systems, website, partner systems or websites, software, application, submitting forms, sending file attachments, forwarding links) using our services, you are entering into this Agreement (Terms and Conditions) with Penguins for Good, its parent, affiliates or subsidiaries ("Penguins for Good", "we", "us" or "our").

 

For this Agreement (Terms and Conditions), "User," "you," and "your" mean you as a user of our Services, even if you are using the Penguins for Good  Platform on behalf of a Legal Entity (Company, Philanthropic Institution, Humanitarian Institution, Charitable Hospital).

 

If you do not agree to this Agreement (Terms and Conditions) or our Privacy Policy, do not use the Penguins for Good Platform (systems, website, partner systems or websites, software, application, sending forms, sending file attachments, forwarding links) or any of our services.

 

You declare that you are entering into this Agreement as an Individual (on your account) or on behalf of the Legal Entity (Company, Philanthropic Institution, Humanitarian Institution, Charitable Hospital) that you represent at this time and that you have the capacity and authority to act on behalf of yourself (Individual) or behalf of the Legal Entity (Company, Philanthropic Institution, Humanitarian Institution, Charitable Hospital) that you represent at this time.

 

Penguins for Good reserves the right to modify this Agreement (Terms and Conditions) occasionally. If you do not agree to a particular modification of this Agreement (Terms and Conditions), you must notify Penguins for Good. If you provide such written notice, your Agreement will continue to be governed by the version of the Agreement (Terms and Conditions) before the relevant modification or, if Penguins for Good so desires, will immediately terminate the Agreement (Terms and Conditions), any ongoing agreement or service, including access to the Penguins for Good Platform (systems, website, partner systems or websites, software, application, form submission, attachment file submission, link forwarding).

 

In the event of termination of an ongoing Agreement, your financial or work delivery obligations continue until your deliveries are completed and all your payment obligations are met.

 

3. Users of the Penguins for Good Platform

 

The Penguins for Good Platform (systems, website, partner systems or websites, software, application, sending forms, sending attached files, forwarding links) connects Contracting Users (companies, institutions, legal entities), Referring Professionals (individuals or legal entities), Candidates (individuals) and Humanitarian Institutions (Philanthropic Institutions and Charitable Hospitals).

 

The Penguins for Good Platform allows Contracting Users to publicize career opportunities, request referrals of Candidates, receive referrals from Referring Professionals, interview the referred Candidates, and after hiring those who meet the needs of the Contracting Users. After hiring the Candidate, the Contracting Users pay Rewards to the Referring Professionals and the Candidates hired. The rewards received can be used for personal benefit through wellness reward packages or donated to Humanitarian Institutions.

 

3.1. Contracting Users (companies, institutions, legal entities)

 

The Penguins for Good Platform allows Contracting Users (companies, institutions, legal entities) to request referrals of Candidates, receive referrals from Referring Professionals, and invite Candidates to interviews to check whether such Candidates are suitable for hiring as their employees or service providers. Requests for referrals submitted by Contracting Users are not binding and do not require them to carry out any hiring.

 

Rules of use of the Platform for Contracting Users and relations with other users:

 

I. The Contracting User may use the Penguins for Good Platform to request referrals of Candidates for their selection processes, even if they have advertised such opportunities on their company's website, on vacancy sites, LinkedIn, Indeed, InfoJobs, and others.

 

II. The Contracting User must complete the Candidate Referral Request Form, attach a file with detailed information about the vacancy, or provide a link with details of the vacancy, if any, such as LinkedIn, Indeed, InfoJobs, the company's vacancies page, among others.

 

III. After completing the Candidate Referral Request Form, the Contracting User pays Penguins for Good 50% of the chosen Rewards & Donations Package within 5 calendar days.

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IV. Upon receiving Candidate referrals, the Contracting User must inform Penguins for Good within 5 working days whether they wish to interview the Referred Candidates or are unsuitable for the position.

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V. After interviewing the Referred Candidates, the Contracting User must inform Penguins for Good within 5 working days whether the Candidates interviewed have been selected to continue in the selection process.

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VI. The Contracting User must provide feedback every 5 business days, updating the Candidates on the progress of the selection process.

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VII. If a vacancy is canceled without any recruitment, the Contracting User must inform Penguins for Good about the end of the selection process.

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VIII. In the event of a vacancy being filled, the Contracting User must inform Penguins for Good about the end of the selection process and the details of the Candidate hired (full name, LinkedIn profile, email, telephone number, date hired, effective start date, among others) and whether this is a Candidate referred via the Platform.

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XIX. Once the Referred Candidate has been hired, the Contracting User undertakes to pay Penguins for Good the remaining 50% of the chosen Rewards & Donations Package when requesting referrals and completing the Candidate Referral Request Form within 5 calendar days.

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X. After paying in full the amount corresponding to the chosen Rewards & Donations Package, the Contracting User agrees to Penguins for Good transferring the Reward to the Professional who made the referral within 30 calendar days of the date of formalization of the hiring of the referred Candidate.

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XI. After paying in full the amount corresponding to the chosen Rewards & Donations Package, the Contracting User agrees that Penguins for Good will pass on the Reward to the Candidate hired within 90 calendar days of the date of formalization of the hiring of the Candidate indicated.

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XII. Once the Contracting User has requested referrals of Candidates through the Penguins for Good Platform, if the Candidate hired by the Contracting User was, at any time, referred by any Professional through the Platform, the Contracting User UNDERTAKES TO PAY 100% of the amount referring to the chosen Rewards & Donations Package, within 05 calendar days of hiring the referred Candidate, for the Rewards to be passed on, even if the Contracting User is already aware of that referred Candidate, has already interviewed them or already has the Candidate's CV in the Contracting User's database.

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XIII. If no Professional refers Candidates, the Penguins for Good Platform may list and make available up to 03 Candidates within 10 working days. In this case, the amount equivalent to 50% of the total value of the chosen Rewards & Donations Package when filling in the Candidate Referral Request Form will be used to cover the Platform's operating and administrative costs and accepted as payment for the use of the Platform.

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XIV. If no Candidate is referred, the amount equivalent to 50% of the total value of the Rewards & Donations Package chosen will be returned to the Contracting User within 30 calendar days.

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XV. If the Contracting User hires any Candidate nominated through the Penguins for Good Platform for any position within 12 months of completing the Candidate Referral Request Form, the Contracting User undertakes to inform Penguins for Good about the hiring and the amount equivalent to 100% of the value of the chosen Rewards & Donations Package must be paid within 5 calendar days of the date of formalization of the hiring of the Candidate referred.

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XVI. The Contracting User must inform which institutions listed on the Penguins for Good website they wish to donate to.

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XVII. The Contracting User keeps the names of the Professionals and the Candidates they referred to entirely confidential.

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XVIII. The Contracting User treats the selection process's progress confidentially until the Candidate has left the company where they previously worked.

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XIX. The Contracting User understands that Penguins for Good only makes available the Platform (systems, website, partner systems or websites, software, application, sending forms, sending attached files, forwarding links) whose functionalities allow Users to connect, request referrals, carry out referrals, conduct interviews, and eventually sign employment, service, and other contracts. Penguins for Good does not validate technical qualifications or carry out background checks.

 

3.2. Referring Professional Users (individuals or companies)

 

The Referring Professional Users, whether individuals or companies, can use the Penguins for Good Platform to recommend qualified Candidates for the career opportunities made available by Contracting Users. They can provide valuable insights into referred Candidates, helping Contracting Users make decisions during the selection process.

 

By making successful referrals that result in hires, Referring Professional Users receive Rewards from Contracting Users, which can be used for personal benefit or donated to Humanitarian Institutions.

 

Rules of use of the Platform for Professional Referring Users and relationship with other users:

 

I. The Referring Professional User can refer up to 03 Candidates for each request for referrals, i.e., for each vacancy.

 

II. To refer a Candidate, the Referring Professional User must fill in the Candidate Referral Form, attach a CV with detailed information (full name, email, telephone, or WhatsApp) about the Candidate, and provide a link to the Candidate's LinkedIn.

 

III. The Referring Professional User must indicate their relationship with the Candidate (relative, friend, former or current subordinate, former or current work colleague, former or current boss, former or current course colleague, or if the Referring Professional User is a professional recruiter).

 

IV. The Referring Professional User must consider that the Candidate has more than 90% adherence to the position to which they are referring.

 

V. The Referring Professional User must validate that the Candidate is interested in the opportunity and that they will hold at least one meeting with the Contracting User.

 

VI. If requested, the Referring Professional User will help the Contracting User contact the Candidate to arrange interviews.

 

VII. The Referring Professional User must be convinced that they would hire the Candidate to work with them if they could (would you hire this Candidate?)

 

VIII. The Referring Professional User keeps the names of the referred Candidates, the names of the Contracting Users, and the progress of any selection processes completely confidential.

 

IX. The Referring Professional User understands and agrees that not all referred Candidates will necessarily be presented to the Contracting User. The Platform may prioritize Candidates using algorithms, internal criteria, and priorities defined by the Contracting User. In addition, the Platform may limit the number of Candidates to be presented, depending on internal criteria and parameters specified by the Contracting User.

 

X. The Referring Professional User understands and agrees that not all referred Candidates will necessarily be interviewed by the Contracting User, who can choose which Candidates will be invited to participate in a selection process.

 

XI. The Referring Professional User understands and agrees that the referral of a particular Candidate, once validated by the Platform and confirmed by the Referred Candidate, is valid only for that specific vacancy and for a particular Contracting User for as long as that vacancy is open. The Referring Professional User understands and agrees that the same Candidate may be referred, provided that the Candidate agrees, now or in the future, by another Referring Professional User for another specific vacancy for another Contracting User.

 

XII. As soon as the Referred Candidate User receives an offer to be hired by the Contracting User and accepts, the Referring Professional User informs Penguins for Good, confirming the company's name, the position, and the starting date of the Candidate User.

 

XIII. The Referring Professional User must inform Penguins for Good whether they wish to receive their Reward for their well-being or donate it to a Humanitarian Institution. If they want to donate, they must inform which institution listed on the Penguins for Good website they wish to donate to.

 

XIV. The Referring Professional User who makes a referral understands and agrees that the Reward for the referral will be paid by the Contracting User and passed on by the Platform after the referred Candidate has been hired within 30 calendar days of the actual start of the work of the referred and hired Candidate.

 

XV. The Referring Professional User understands and agrees that they will NOT be eligible to receive a Reward, and therefore WILL NOT RECEIVE a Reward for referring a Candidate, if: a) another Referring Professional User has already referred the referred Candidate; b) or the Referred Candidate has already contacted the Contracting User previously; c) or the Referred Candidate is already participating in a selection process with the Contracting User; c) or the Referred Candidate is not hired; d) or if the referred and hired Candidate does not remain in the Company that hired them for at least 30 days after the effective start of activities.

 

XVI. The Referring Professional User understands and agrees that they WILL NOT RECEIVE a reward for the referral if the Referring Professional User does not fulfill their commitment to making the payments to which they have committed. Penguins for Good is not a business intermediary between Companies, Referring Professionals, and Candidates for any purpose. Contracts, agreements, and promises made between Users do not bind Penguins for Good or oblige it, making the Platform exempt from liability for fulfilling such employment contracts, agreements, and promises between Users. Penguins for Good does not validate technical qualifications or carry out background checks on the indicated candidates.

 

3.3. Candidate Users (individuals)

 

Candidate Users are individuals whom Referring Professional Users can refer to for career opportunities offered by Contracting Users and can participate in interviews to advance in the selection processes. By being referred and hired through the Platform, Candidate Users can access professional growth opportunities. They can receive Rewards from Contracting Users for their well-being or donate them to humanitarian causes.

 

Rules of use of the Platform for Candidate Users and relations with other users:

 

I. By agreeing to be referred for a career opportunity, the Candidate User undertakes to attend all the meetings (face-to-face or virtual) requested by the Contracting User or to formalize that they decline the selection process.

 

II. The Candidate User must provide a CV with up-to-date and detailed information, a LinkedIn link, GitHub, if applicable, and any other information to help the Contracting User make decisions during the selection process.

 

III. The Candidate User must reply to an email from Penguins for Good confirming the details of the Professional who referred them (full name, email, telephone or WhatsApp, LinkedIn link) and confirming the vacancy details for which they were referred.

 

IV. As soon as they receive an offer to be hired by the Contracting User and accept it, the Candidate User undertakes to inform Penguins for Good, confirming the company's name, the position, and the start date.

 

V. The Candidate User must inform Penguins for Good if they wish to receive their Reward for their well-being or if they wish to donate their Reward to a Humanitarian Institution. If they want to donate, they must inform which institution they will donate to on the Penguins for Good website.

 

VI. The Candidate User undertakes to keep the name of the Referring Professional, the name of the Contracting User, and the progress of any selection processes completely confidential.

 

VII. The Candidate User understands and agrees that not all indicated Candidates will necessarily be presented to the Contracting User. The Platform may prioritize Candidates using algorithms, internal criteria, and priorities defined by the Contracting User. In addition, the Platform may limit the number of candidates to be presented, depending on internal criteria and parameters specified by the Contracting User.

 

VIII. The Candidate User understands and agrees that not all indicated Candidates will necessarily be interviewed by the Contracting User, who can choose which Candidates will be invited to participate in a selection process.

 

IX. The Candidate User understands and agrees that the Reward will be paid by the Contracting User and passed on by the Platform once their hiring has been formalized within 95 calendar days of the effective start of their activities in the new company.

 

X. The Candidate User understands and agrees that they will NOT be eligible to receive a Reward, and therefore WILL NOT RECEIVE a Reward for having been nominated and hired, if: a) the Candidate User has their employment contract terminated by them or by the Contracting User, before 90 days after the date of commencement of their activities in the company (Contracting User); b) or the Candidate User has omitted or distorted information during the selection process; c) or the Candidate User has contacted the Contracting User, has already sent their CV, or has participated in any selection process with the Contracting User, before having been referred.

 

XI. The Candidate User understands and agrees that they WILL NOT RECEIVE a reward if the Contracting User does not fulfill their commitment to making the payments they have committed. Penguins for Good is not a business intermediary between Companies, Referring Professionals, and Candidates for any purpose. Contracts, agreements, and promises made between Users do not bind Penguins for Good or oblige it, making the Platform exempt from liability for fulfilling such employment contracts, agreements, and promises between Users. Penguins for Good does not validate technical qualifications or carry out background checks.

 

3.4. Users Humanitarian Institutions (Philanthropic Institutions and Charitable Hospitals)

 

Humanitarian Institutions, including Philanthropic Institutions and Charitable Hospitals, play a fundamental role in the Penguins for Good Platform ecosystem. They can receive donations from Contracting Users, Referring Professionals, and Candidates. Furthermore, by promoting the donation of Rewards to humanitarian causes through the Penguins for Good Platform, Users encourage solidarity and social responsibility in their communities, work environment, and personal relationships. Humanitarian institutions can expand their network of support and resources by participating in the Platform, helping to develop the actions of their causes.

 

Rules for use of the Humanitarian Institutions Platform and relationships with other users:

 

I. The Humanitarian Institution User understands that there is a massive group of Science, Technology, Engineering, and Mathematics (STEM) professionals who, in addition to their innovative and rewarding work, seek more purpose in their daily lives and wish to be part of movements that contribute to philanthropic causes.

 

II. The Humanitarian Institution User understands that the Penguins for Good Platform allows Referring Professionals and Referred Candidates to donate their rewards to social causes. Contracting Users who hire candidates through the Penguins for Good Platform can also make donations to the institutions participating in the Platform.

 

III. The Humanitarian Institution User understands and agrees that to be accepted and have their name, logo, and link to their website published on the Penguins for Good Platform as an option for an entity to receive donations, they must submit a request or authorization to participate in the Penguins for Good Platform.

 

IV. The Humanitarian Institution User understands and agrees that disclosing its name, logo, and link to its website on the Penguins for Good Platform is free.

 

V. The Humanitarian Institution User understands and agrees that, following their authorization, their name, logo, and link to their website will appear on the Penguins for Good Platform as an option for an entity to receive donations from Companies, Referring Professionals, and Candidates.

 

VI. The Humanitarian Institution User understands and agrees that appearing on the Penguins for Good Platform does not guarantee donations from Companies, Referring Professionals, or Candidates, nor does it constitute an obligation on the part of the Penguins for Good Platform to make any contribution. Donations are spontaneous and made directly by Companies, referring Professionals, and Candidates.

 

VII. The Humanitarian Institution User understands that the Penguins for Good Platform does not collect on behalf of any specific institution. Donations can be made directly by companies, referring professionals, and candidates via each institution's website.

 

VIII. The Humanitarian Institution User understands and agrees that the Penguins for Good Platform can, at any time, include or exclude entities and change the list of Philanthropic Institutions and Charitable Hospitals that appear on the Platform and the website. The fact that the Penguins for Good Platform gives opportunities to other institutions and, for whatever reason, decides to change the list, excluding any institution previously listed, does not constitute grounds for a fine, compensation, or any obligation of Penguins for Good Platform to pay any amount to any institution.

 

4. Services

 

Contracting Users (companies, institutions, legal entities) can use the Penguins for Good Platform (systems, website, partner systems or websites, software, application, sending forms, sending file attachments, forwarding links) to ask Referring Professional Users (individuals or legal entities) for referrals of Candidates (individuals) for career opportunities.

 

The Penguins for Good Platform allows Contracting Users to publicize career opportunities, request referrals of Candidates, receive referrals from Referring Professionals, interview the referred Candidates, and, after hiring those who meet the needs of the Contracting Users, pay Rewards to the Referring Professionals and the hired Candidates. The Rewards received can be used for personal benefit through wellness reward packages or donated to Humanitarian Institutions.

 

The Penguins for Good Platform is not a business intermediary between Companies, Referring Professionals, and Candidates for any purpose. Contracts, agreements, and promises made between Users do not bind Penguins for Good or oblige Penguins for Good in any way, making the Platform exempt from liability for fulfilling such employment contracts, agreements, and promises between Users. Penguins for Good does not validate technical qualifications or carry out background checks.

 

The Contracting User will always make the final decision regarding technical assessment, behavior and values assessment, experience assessment, validation of knowledge, or hiring. The Contracting User may reject any Candidate at its sole discretion during recruitment.

 

The Contracting User understands and agrees that Penguins for Good is not involved in hiring decisions, terminating candidates, or changing their remuneration.

 

5. Fees and Payment

 

The Contracting User may use the Penguins for Good Platform to request candidate referrals by completing the Candidate Referral Request Form.

 

After completing the Candidate Referral Request Form, the Contracting User pays Penguins for Good Platform 50% of the total value of the Rewards & Donations Package chosen within 5 calendar days of completing the form.

 

Once the referred Candidate has been hired, the Contracting User undertakes to pay Penguins for Good the remaining 50% of the Rewards & Donations Package chosen within 5 calendar days after completing the Candidate Referral Request Form.

 

Suppose the Contracting User hires any Candidate referred via the Penguins for Good Platform for any position within 12 months of completing the Candidate Referral Request Form. In that case, the Contracting User undertakes to inform Penguins for Good about the hiring and to pay the amount equivalent to 100% of the value of the Rewards & Donations Package chosen, to be paid within 5 calendar days of the referred candidate's hiring date.

 

It is important to note that the Contracting User's obligation to pay any amounts relating to the Reward & Donation Packages will exist even after the termination of this Agreement (Terms and Conditions).

 

5.1. Reward & Donation Packages (Promotional launch prices)

 

Currently, the Contracting User can choose between the following Rewards & Donation Packages for each Vacancy:

 

I. Bronze Package

The reward for the Referring Professional: R$ 500,00

The reward for the Referred Candidate: R$ 500.00

Donation to Philanthropic Institution: R$ 1.000.00

Total cost to your company: R$ 4,000.00

 

II. Silver Package

The reward for the Referring Professional: R$ 1,000.00

The reward for the Referred Candidate: R$ 1,000.00

Donation to Philanthropic Institution: R$ 2.000,00

Total cost to your company: R$ 8,000.00

 

III. Gold Package

The reward for the Referring Professional: R$ 1.500,00

The reward for the Referred Candidate: R$ 1.500,00

Donation to Philanthropic Institution: R$ 3.000,00

Total cost to your company: R$ 12,000.00

 

IV. Platinum Package

The reward for the Referring Professional: R$ 2,000.00

The reward for the Referred Candidate: R$ 2.000,00

Donation to Philanthropic Institution: R$ 4.000,00

Total cost to your company: R$ 14,000.00

 

V. Diamond Package

The reward for the Referring Professional: R$ 2.500.00

The reward for the Referred Candidate: R$ 2.500,00

Donation to Philanthropic Institution: R$ 5.000,00

Total cost to your company: R$ 16,000.00

 

5.2. Operating, administrative, and tax costs

 

The Contracting User is informed that, in addition to the amounts earmarked for rewards and donations, the operating and administrative costs of the Penguins for Good Platform, provider and partner fees, and taxes are already included in the total cost to your Company.

 

5.3. Payment Procedures

 

The Contracting User undertakes to make payment for the Rewards & Donations Package chosen upon presentation of an invoice or receipt, which will include the rewards, donations, the Platform's operating and administrative costs, provider and partner fees, taxes to be withheld by bank deposit according to the details to be provided. The payment dates are described in item "2.1 Contracting User" of this Agreement (Terms and Conditions), specified in "Rules of Use of the Platform for Contracting Users and Relationship with Other Users."

 

The Contracting User undertakes to pay a fine of 10% (ten percent) in the event of a delay, default interest of 1% per month, and monetary correction calculated by the IGP-M/FGV. The Contracting User agrees that this Agreement (Terms and Conditions) is sufficient to authorize the charge above and that no other authorization or consent is required. Furthermore, the Contracting User undertakes to immediately notify Penguins for Good of any change in their billing address for said payments.

 

5.4. Changes to Charges or Charging Methods

 

The Penguins for Good Platform reserves the right to charge for the use of features that are currently free, as well as to modify, increase, reduce, limit, and eliminate the values, policies, and charging methods in force at any time or to carry out promotions and other forms of momentary change in the values practiced without any consent.

 

6. Fine for Attempted Violation of the Platform

 

If the Contracting User attempts to bypass or circumvent the Penguins for Good Platform to hire Candidates whom the Referring Professional Users have referred, regardless of whether the Contracting User has already interviewed the Candidates or already has the Candidates' CVs in their database within 12 (twelve) months from the date of completion of the Candidate Referral Request Form, will be subject, in addition to paying 100% of the amount relating to the Rewards & Donations Package chosen, to the payment of a punitive and non-compensatory fine to Penguins for Good in the amount of 25% (twenty-five percent) of the total remuneration for the first year of said Candidate, within 05 calendar days. In addition, The Penguins for Good Platform reserves the right, at its sole discretion, to block or terminate the account of this Contracting User.

 

It is important to note that the Contracting User's obligation to pay any amounts relating to the chosen Reward & Donation Packages will exist even after the termination of this Agreement (Terms and Conditions).

 

7. Non-solicitation and recruitment fees

 

The Contracting User acknowledges that Penguins for Good invests significant resources in its Platform and structure for providing services. A fee equivalent to the cost of 05 (five) times the value of 100% of the highest Rewards & Donations Package in force at the time will be payable to Penguins for Good if the Contracting User, directly or indirectly, encourages or solicits Referring Professional Users or approach Candidates (excluding the Agreement entered into under these Terms and Conditions), encourages or otherwise induces to terminate a relationship with Penguins for Good, any Referring Professional Users or Candidate who is introduced to the Contracting User through the Penguins for Good Platform.

 

This Recruitment Fee must be paid within 5 days after Penguins for Good notifying the Contracting User of the breach of this non-solicitation obligation.

 

It is important to note that the Contracting User's obligation to pay any amounts relating to the Rewards & Donations Package will exist even after termination of this Agreement (Terms and Conditions).

 

8. Subscriptions

 

At the Company's request, the Penguins for Good team may offer the Contracting User the opportunity to purchase subscription plans (Subscriptions) with a minimum periodicity of 06 months. Companies (Subscribing Companies) that choose to buy such Subscriptions will be subject to payment of monthly amounts in advance, as stipulated in the specific Subscription Agreement. During the Subscription period, all the Platform's features will be accessible to Subscribing Companies. It should be noted that Subscriptions may replace individual Rewards & Donation Packages.

 

9. Limitations of the role and responsibilities of Penguins for Good

 

The use of the Penguins for Good Platform by Companies (Contracting Users), Referring Professionals, and Candidates does not involve or bind Penguins for Good (its parent company, affiliates, or subsidiaries) in the employment contracts entered into between Users.

 

Penguins for Good (its parent company, affiliates, or subsidiaries) are not a business intermediary between companies, referring professionals, or candidates. Contracts, agreements, and promises made between Users do not bind Penguins for Good (its parent company, affiliates, or subsidiaries) or oblige it, making the Penguins for Good Platform exempt from liability for fulfilling such employment contracts, agreements, and promises between Users. Penguins for Good (its parent company, affiliates, or subsidiaries) do not validate technical qualifications or conduct background checks.

 

Penguins for Good (its parent company, affiliates, or subsidiaries) does not provide any goods, services, offers, or opportunities its Users advertise. It acts solely as a Platform for connecting Users. It does not guarantee the quality or effective delivery of offers, payment of salaries, remuneration, rights, or quality of services contracted between Users.

 

Considering that the personal and registration data relating to Users and content made available by Users on the Penguins for Good Platform (systems, website, partner systems or websites, software, application, sending forms, sending attached files, forwarding links) are provided by Users to Penguins for Goodspontaneously and through the Platform, Penguins for Good is not responsible for the integrity, updating, accuracy, authenticity and legality of the information provided by Users, nor for the activities that occur in Users' accounts. Therefore, Users expressly acknowledge and accept that they are fully responsible for all acts, facts, and consequences arising from information posted on the Penguins for Good Platform that is not duly updated, true, accurate, authentic, and legal.

 

We do not guarantee that your use of Penguins for Good Platform will be uninterrupted, timely, secure, or error-free. We reserve the right to resolve any errors in our Platform at our sole discretion. You agree that occasionally, we may remove our Platform for indefinite periods or cancel it without notice.

 

You expressly agree that your use or inability to use Penguins for Good Platform is at your sole risk. The services delivered to you through our Platform (except as expressly stated by us) are provided 'as is' and 'as available' for your use without any representation, warranty, or condition of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

To the fullest extent permitted by law, you agree that in no event will Penguins for Good (its parent company, affiliates, or subsidiaries) or its service providers be liable to you or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special, or punitive damages arising out of this Agreement(Terms and Conditions), software development, testing, software deployment, application, system availability, display or sharing of information or any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill or loss of data, and whether caused by strict liability or tort (including negligence), breach of contract or otherwise, even if foreseeable and even if Penguins for Good or its Service Providers have been advised of the possibility of such damages, or by any other claim, demand or damage resulting from or arising out of or in connection with this Agreement (Terms and Conditions) of delivery, use or performance of the Service.

 

Because Penguins for Good (its parent company, affiliates, or subsidiaries) is not a party to the interviews, negotiations, and hiring that may take place between Users, the responsibility for all obligations arising, whether fiscal, labor, consumer, civil, administrative, environmental, or of any other nature, shall be exclusively that of the Contracting Users, Referring Professionals, or Candidates, as the case may be, without prejudice to the provisions of this Agreement.

 

If Penguins for Good (its parent company, affiliates, or subsidiaries) is included as a party to any legal action and arbitration procedure as a result of a transaction carried out between Users through the Penguins for Good Platform, the User who is responsible for paying the costs of the proceedings shall bear all the costs arising from such inclusion, including the costs of fees, payments, agreements, legal fees, among others. As it is not a party to the transactions between Users, Penguins for Good (its parent company, affiliates, or subsidiaries) cannot oblige Users to honor their obligations or enter into any agreement, promise, or contract.

 

Notwithstanding anything to the contrary in this Agreement (Terms and Conditions), Penguins for Good (its parent company, affiliates, or subsidiaries)'s maximum aggregate liability arising in any way in connection with this Agreement (Terms and Conditions) shall in no event exceed R$5,000.00 (five thousand reais).

 

10. Indemnification

 

By agreeing to this Agreement (Terms and Conditions), accessing the Penguins for Good Platform(systems, website, partner systems or websites, software, application, submitting forms, sending file attachments, forwarding links), or using our Services, you agree, to the fullest extent permitted by applicable law, to indemnify, defend and hold harmless Penguins for Good (its parent company, affiliates, or subsidiaries), and our respective employees, officers, directors, contractors, consultants, shareholders, past, present and future suppliers, service providers, parents, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively), from and against all claims, damages, awards, judgments, losses, liabilities, obligations, actual or alleged taxes, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, settlement costs and costs of obtaining indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, at law or in equity, whether in tort, contract or otherwise (collectively, "Claims"), including, but not limited to, property damage or personal injury caused by, arising out of or related to:

 

I. Your use or misuse of the Service.

II. Your breach or violation of any term of these Terms and Conditions or applicable law.

III. You violate rights or obligations to third parties, including another user or third party.

IV.  Your negligence or willful misconduct.

 

You agree to notify Penguins for Good immediately for the good of any such claims and cooperate with the Penguins for Good Parties to defend such claims. You further agree that the Penguins for Good Party shall have control of the defense or settlement of any such claims. This indemnification is in addition to, and not instead of, any other indemnifications outlined in a written agreement between you and Penguins for Good.

 

11. Obligations

 

By accessing the Penguins for Good Platform (systems, website, partner systems or websites, software, application, submitting forms, sending file attachments, forwarding links) or using our services, you represent and agree that:

 

I. You are at least 18 years old.

II. All the information you provide is accurate.

III. You only provide information and content that you have the right to share.

IV. You will be responsible for all the information you provide.

V. You are solely responsible for your decisions based on the information shared by third parties on our Platform.

VI. If you accept this Agreement (Terms and Conditions) on behalf of a legal entity, you represent and warrant that you are empowered to define such an Entity.

VII. You will respect this Agreement's Confidentiality and Intellectual Property clauses (Terms and Conditions).

VIII. You will respectfully seek conciliation to solve misunderstandings or dissatisfaction with our services.

IX. Providing false information and creating an account with false information violates our Agreement (Terms and Conditions), including accounts registered in the name of third parties or persons under 18.

 

You also agree that you will not:

 

I. Sell or resell the Service or attempt to circumvent any part of the Penguins for Good Platform.

II. Attempt to avoid any of the fees for the Services or the Penguins for Good Platform.

III. Use the Service or the data collected from the Penguins for Good Platform for any advertising or direct marketing activity (including, without limitation, email marketing, SMS marketing, telemarketing, and social networks).

IV. Use the Penguins for Good Platform for money laundering, terrorist financing, other illicit financial activity, or in any way connected with violating any law or regulation.

V. Infringe or violate the intellectual property rights or any other rights of third parties.

VI. Use the Penguins for Good Platform in any manner that could interfere with, disrupt, adversely affect, or inhibit other users from thoroughly enjoying the Service.

 

12. Registration blocking or suspension

 

The User acknowledges and accepts that if (i) Penguins for Good finds or suspects the existence of incorrect, untruthful, outdated or inaccurate registration information, (ii) the User fails to provide information and documents that Penguins for Good may require, (iii) the User is found to be providing Content that is illegal or contrary to public order, or any misleading Content; Penguins for Good may, at its sole discretion, block or suspend the User's registration for an indefinite period. As a result of the blocking or suspension of registration, the User will be prevented from accessing and using the features of the Penguins for Good Platform. Blocking, suspension, or cancellation will not confer any right or expectation of right on the User, and the User fully exempts Penguins for Good from any liability in this regard, except in cases where Penguins for Good's willful misconduct is proven.

 

13. Cancellation of registration

 

Without prejudice to the imposition of sanctions provided for by law and the payment of compensation for losses and damages suffered by Penguins for Good, the User acknowledges and accepts that Penguins for Good may, at its sole discretion, unilaterally cancel the registration and exclude from the system the User who, at any time, fails to comply with any of the provisions of this Agreement (Terms and Conditions) and the relevant legislation.

 

14. Non-exclusivity

 

The services of Penguins for Good, including but not limited to those described in this Agreement (Terms and Conditions), are not and shall not be considered exclusive to any User. Penguins for Good is and shall remain accessible to provide similar services to other Users, companies, entities, and legal entities (even if they are competing entities) and to engage in all activities that Penguins for Good deems appropriate, provided that, in doing so, Penguins for Good does not violate any agreements or obligations expressly outlined in this Agreement (Terms and Conditions).

 

Penguins for Good shall have no duty or obligation to disclose to Users any confidential or proprietary information that Penguins for Good may obtain about the business, operations, or activities of any other person or entity, even if such information may be considered material and relevant to the User.

 

15. Confidentiality and Intellectual Property

 

Each Party, Penguins for Good, Contracting Users (companies, institutions, legal entities), Referring Professionals (individuals or legal entities), Candidates (individuals), and Humanitarian Institutions(Philanthropic Institutions and Charitable Hospitals) may have access to the other Party's Confidential Information, as defined below, to fulfill its obligations under this Agreement (Terms and Conditions).

 

A "Confidential Information" is any non-public information of any nature disclosed directly or indirectly by a Party to the other Party, including (without any limitation) any information relating to its business, customers, suppliers, products and services, technical information and data, financial information, marketing information, analyses, documents, data, formulas, processes, designs, know-how, source code, object code, trade secrets, and intellectual property rights which information is designated in writing as confidential or proprietary, or which information would, under the circumstances, appear to a reasonable person to be confidential or proprietary.

 

A Party's information will not be considered confidential when:

 

I. It is or becomes publicly known, except through any act or omission of the receiving Party;

II. It was in the lawful possession of the other Party before disclosure;

III. Are lawfully disclosed to the receiving Party by a third party without restriction on disclosure;

IV. Are independently developed by the receiving Party, which independent development can be demonstrated by written evidence; or

V. Are required to be disclosed by any law, by any court of competent jurisdiction, or by any regulatory or administrative body, provided that the receiving Party, where legally permitted, notifies the disclosing Party and cooperates with that Party to limit the disclosure to what is legally necessary.

 

Each Party shall keep the other Party's Confidential Information secrecy and, unless required by law, shall not make the other Party's Confidential Information available to any third party or use the other Party's Confidential Information for any purpose other than those provided for or permitted by this Agreement (Terms and Conditions) unless authorized to do so in writing.

 

Each Party shall take all reasonable steps to ensure that the other Party's Confidential Information to which it has access is not disclosed or distributed in breach of the terms of this Agreement (Terms and Conditions).

 

16. Governing Law and Dispute Resolution

 

In the unlikely event that we end up in a legal dispute, regardless of where you live or where your Legal Entity is based, you and Penguins for Good (its parent company, affiliates, or subsidiaries) agree to resolve it in the courts of the city of São Paulo, State of São Paulo, Brazil, using Brazilian law.

 

Last modified: May 19, 2024