Please read these General Terms and Conditions of Use (hereinafter the "Agreement" or "Terms
and Conditions") before using the website and the various services offered on the web pages of the site www.edbinder.com (hereinafter "Edbinder" or "Site").
The present Terms and Conditions apply to all the activities carried out on the platform, web pages, contents, products and services ("Services") in Edbinder and which have been made available by Miss Berni SpA, a company incorporated and domiciled in Santiago, Chile. Any person who wishes to access and/or use the Site or the Services may do so subject to the General Terms and Conditions, together with all other policies and principles that regulate Edbinder.
In case you do not agree, do not accept, are not of legal age, or do not have legal capacity to contract these Terms and Conditions, which have an obligatory and binding character when using Edbinder, you must abstain from using the Site and/or the Services.
Due to the above, you must read all the conditions established in the Terms and Conditions and other policies established for the use of the Services in Edbinder.
Acceptance of the Terms and Conditions set forth herein shall signify the execution of a service contract between the User who uses the platform, either as a Teacher or Educational Center, governed by the terms contained in this instrument. Consequently, the User by the fact of its acceptance shall be automatically subject to respect the terms and conditions, in addition to the policies that may be established with respect to particular services.
Additionally, in the event that you do not register as a User and access Edbinder, you agree to respect these Terms and Conditions, including the responsibility that may arise from the unauthorized use of contents, or any act that affects the rights of Miss Berni SpA, its related companies or third parties.
In connection with your access and/or use of the Miss Berni website, platform, web pages, content, products and services, by reading and accepting these conditions, it is understood that you have read and accepted the terms and conditions of Edbinder, which can be found at the following link Miss Berni Terms and Conditions.
Edbinder is a platform that connects teachers, educational institutions and recruitment agencies, both locally and internationally. Designed for PreK-12 professionals, it facilitates the search for employment opportunities and simplifies the process of recruiting qualified educators. Edbinder optimizes networking in the education sector, improving recruitment efficiency and helping schools find the best talent available.
The services mentioned in the following clause may be used by persons of legal age who have the legal capacity to contract. Whoever uses edbinder's services on behalf of a legal entity must have the capacity to contract in its name.
Miss Berni SpA through Edbinder allows teachers, educational centers, and recruitment agencies locally and internationally to connect in order to facilitate recruitment processes and search for employment opportunities for PreK-12 professionals ("Services"). The Edbinder platform is free of charge and therefore the use of its functions is free of charge. Notwithstanding the specific services that may be offered through Edbinder or those that may be offered by Miss Berni SpA, in which case the specifications of the service and its value will be indicated, as mentioned in the Terms and Conditions of the Miss Berni platform. However, in order to make use of it, you must register on the platform as a Teacher or School.
Before creating an account on Edbinder, make sure you meet the necessary requirements to use our Services. This section also details what you can and cannot do when using the Services, as well as the rights you grant to Miss Berni SpA.
You are not authorized to create an account or use the Services unless all of the following statements are true. In addition, by using our services, you represent and warrant that:
(i) You are a natural person of legal age who has the legal capacity to contract, and in the event that you represent an educational center and/or contracting agency, you are legally authorized to act on its behalf.
(ii) You have not committed any felony or indictable offense (or offense of similar seriousness), a sex offense, or any offense involving violence or threat of violence, nor have you received a conviction or been convicted of or pleaded guilty to any such offense, unless you have been pardoned for a non-violent offense and we have determined that you are not likely to pose a threat to other users of our Services;
(iii) You are not required to register as a sex offender on any sex offender registry anywhere in the World;
(iv) You have not previously been removed from other Miss Berni SpA services, either by us or our affiliates, unless you have obtained our explicit written permission to create a new account.
(v) If at any time you fail to comply with these requirements, any authorization to access our Services or systems will be automatically revoked and you must immediately delete your account. In addition, we reserve the right to remove your access to our Services without notice.
4.1.2. OBLIGATIONS AND PROHIBITIONS OF THE USE OF THE ACCOUNT:
In attention to the security and integrity of our users and systems, by using edbinder, you accept and agree to comply with the following provisions
(i) Take all reasonable steps to protect your login information.
(ii) Ensure that the information you provide on the platform is truthful and does not misrepresent your identity, age or affiliation with an institution that you are not legally authorized to represent.
It is absolutely forbidden to use Edbinder in a way that:
(i) Damages the platform, its services or prevents other users from using them.
(ii) Interferes with, disrupts or adversely affects the functionality of the platform, services or associated networks.
(iii) Use the services for purposes that are harmful, unlawful or contrary to morality and decency, including but not limited to: harassing, stalking, intimidating, defaming, threatening or psychologically harming other users; publishing, sharing or transmitting prohibited content (such as offensive, abusive, discriminatory, pornographic, violent or inciting to hate or intolerance material; content that promotes illegal activities, self-harm, eating disorders or violent extremism; false, defamatory or infringing third party rights, such as copyright or privacy; among others).
(iii) Upload content that includes images or personal information of third parties without their consent, or that may damage the reputation of Miss Berni SpA, its related companies and its team.
Miss Berni SpA will be responsible for any defect in the provision of its services in edbinder, to the extent attributable to it and to the extent provided by the laws in force.
Miss Berni SpA is NOT responsible for the information provided by Users. Users guarantee and are responsible, in all cases, for the truthfulness, accuracy, validity and authenticity of the information made available to Miss Berni SpA.
Users who provide information as Teachers or Schools are solely responsible for being authorized to provide educational services. Miss Berni SpA is not responsible for obtaining the authorizations that, in its case, are required to comply with the legal requirements that enable them to provide educational services and consequently, Edbinder will not be liable for damages derived from false, inaccurate or incomplete information provided by Users in the platform.
The non-fulfillment of these obligations, as well as the obligations and prohibitions mentioned in point 4 above, will make the User responsible for any damage or harm caused. Miss Berni SpA will not be liable in any way for any consequence, damage or harm that may derive from the illicit access or use of Edbinder by third parties or Users.
In the event that a User fails to comply with the law and/or the Terms and Conditions, we may warn, suspend, restrict or temporarily or permanently disable the User's account. Additionally, in the event that the User engages in harmful conduct against third parties or Users, Miss Berni SpA may remove advertisements, comments or any other content posted on the Site.
The use of the personal data registered in Edbinder will have as purpose of data processing the registration in the platform for the creation of your free profile; the use of your information for the search of vacancies; the communication of your personal data that you authorize to be shared for contact purposes, visibility of your professional profile and any other personal information that you have provided in Edbinder for the purpose of connecting with teachers, educational centers and recruitment agencies in different countries; to deliver a better experience to users and better communication; and to improve the information and marketing of products and services provided by Miss Berni SpA and its related companies.
It should be added that in no case will personal data be transferred to third parties for purposes other than the aforementioned purposes, except to companies related to Miss Berni SpA, which will carry out the same processing of the aforementioned data. Notwithstanding the above, the treatment of personal data related to the use of cookies is regulated in the following point.
You may always revoke the authorization to the processing of personal data and you will always have the right to access, rectify, cancel and oppose the processing of your personal data, in accordance with the ARCO rights established by Law No. 19.628. To exercise these rights please contact us at the following email address hello[at]edbinder.com.
The acceptance of these Terms and Conditions constitutes an act by which you acknowledge having informed yourself about the use of your personal data in Edbinder, and authorized its treatment as described in this Agreement.
You declare to understand that the installation, permanence and existence of Cookies in your computer or device depends on your exclusive will and can be eliminated from your device whenever you wish. Additionally, you may find Cookies or other similar systems installed by third parties in Edbinder due to the fact that Miss Berni SpA hires the services of third parties to facilitate payment systems and other platforms available for the training process, scheduling of consultancies, among others. Miss Berni SpA expressly declares that it does not control the use of cookies by these third parties, who in turn provide their own privacy policies and terms and conditions.
Miss Berni SpA stores cookies in order to offer a more interactive experience on the site, based on your actions as a User. You can, at any time, delete stored cookies, set your browser to ask for approval before storing cookies or directly prevent cookies from being stored. However, this may affect the User's experience.
It is expressly stated that Miss Berni SpA has adopted all the necessary measures to protect the security of the data, its networks and the proper functioning of them, the Services and Sites in Edbinder. Therefore, any violation or attack to its systems, and consequently to the computer programs, by means of any unauthorized form of entry or use, as well as any failure in the network that does not allow the use of the Site and its indicated or expected characteristics, will constitute an act of God or force majeure and, therefore, Miss Berni SpA is exempt from responsibility for the consequences derived from such events. In any such case, an email will be sent to registered Users and a notice will be published on the Site.
All the contents included in Edbinder, such as texts, graphic material, logos, button icons, source codes, images, videos, documents are property of Miss Berni SpA and are protected by Chilean and international laws on intellectual property. The graphic materials, logos, page headers, advertising phrases, button icons, written texts and service names included in this site are trademarks, creations or commercial images owned by Miss Berni SpA in Chile and its related companies in other countries. Such trademarks, creations and commercial images may not be used in connection with any product or service that may cause confusion among customers and in any manner that could affect the proprietary rights and reputation of Miss Berni SpA or its related companies. All other trademarks not owned by Miss Berni SpA, and its related companies, that appear on this site belong to their respective copyright and trademark holders.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at hello[at]edbinder.com.
Miss Berni SpA reserves the right to modify these Terms and Conditions without altering their essence in the event that a fortuitous case or force majeure occurs, or that is not simply considered in these Terms and Conditions. Notwithstanding the above, in the event that Miss Berni SpA requires to update and modify the present Terms and Conditions, it will inform the Users through the email registered by the Users or through notices in Edbinder so that they have the opportunity to read and accept the modified Agreement.
For all purposes by accepting this Agreement, you agree that all disputes arising from these Terms and Conditions or the services provided by Miss Berni SpA through Edbinder, whether they take the form of claims before authorities or litigation, shall have as applicable law and jurisdiction that of Santiago de Chile, and consequently you waive any objection to the jurisdiction and its applicable law.
For the communication of any submission, query or complaint regarding the use of Edbinder and the services offered by Miss Berni SpA, please contact us at hello[at]edbinder.com. The Edbinder team will contact you via email, phone or WhatsApp, according to your contact preference indicated in your email.