Each time you access our website sahaza-group.com, regardless of the download platform, as well as any software, service, feature, program or any other product provided by SAHAZA GROUP, or on its behalf, relating to or connected with said services or website (collectively the “Site”), including but not limited to all products, programs and services described in the Terms of Use, (a) you certify that you have read and understood the Privacy Policy; and (b) you accept the terms of these Terms of Use (hereinafter the “Agreement”), which will then take effect with the following entity or entities:
Any reference to “SAHAZA GROUP” or to “we”/”us” in this Agreement shall mean the relevant entity, as indicated above.
The sahaza-group.com Site is intended solely for users and, more specifically, for persons who apply for job offers (hereinafter the “Applicants”), and for persons and/or companies seeking profiles as part of the outsourcing of their tasks, on their own behalf or on behalf of third parties (hereinafter the “Clients”). If you consult or use the sahaza-group.com Site as an Applicant or other representative of the Client, you accept the terms of this Agreement in your own name and on behalf of said Client, as applicable, and certify that you have the authority required to bind said Client, as applicable, as a party to this Agreement.
You acknowledge that SAHAZA GROUP holds the copyright in the sahaza-group.com Site, ownership of the trademark which has previously been filed with the Malagasy Office of Intellectual Property (OMAPI), of the Applications that may derive therefrom and of the Services, including the compilations of information available through them.
We may amend this Agreement, and will take all reasonable steps to inform you of any changes made, including by publishing the amended version of the Agreement on the sahaza-group.com Site. No claim made before the date on which we published the amended version of the Agreement, or otherwise informed you of the changes made to the Agreement, will be affected by said changes. Any consultation or use of the sahaza-group.com Site after the entry into force of changes made to this Agreement constitutes acceptance of said changes. The “Last updated” indication in each section of the terms of use indicates the date of the most recent change made to this Agreement. We may at any time, without incurring any liability, modify or remove all or part of the sahaza-group.com Site (including access to the Site via any external link), or offer new opportunities to some or all users of the Site.
SAHAZA GROUP is a company incorporated under Malagasy law, directly or indirectly held by an entity incorporated under Malagasy law.
A- General Terms of Use
1. General rules
It is prohibited to publish any Content that is illegal, fraudulent, discriminatory, threatening, abusive, slanderous, defamatory, obscene or otherwise objectionable, including insults of a sexual, ethnic, racial or any other discriminatory nature, or that contains no relevant or constructive element. Nor may you publish Content containing proprietary or confidential information, trade secrets, advertising, solicitations, chain emails or pyramid schemes, investment proposals or other types of unsolicited commercial communication (unless expressly authorised otherwise in writing), or that would incite or cause the sending of junk mail or the flooding of messages.
Any data messages or CVs containing one or more of the prohibitions mentioned above will be automatically deleted and disregarded. SAHAZA GROUP reserves the right to bring proceedings before the competent courts against the author of such acts.
You undertake not to access (or attempt to access) the sahaza-group.com Site other than through the interface provided by SAHAZA GROUP, unless specifically authorised to do so under a separate written agreement concluded with us. You undertake not to engage in any activity likely to hinder or disrupt the operation of the sahaza-group.com Site (or the servers and networks connected to the sahaza-group.com Site). Unless specifically authorised to do so under a separate written Agreement concluded with us, you undertake not to index, extract, reproduce, duplicate, copy, sell, trade or resell the contents of the sahaza-group.com Site for any reason whatsoever. The use or provision of false or fictitious names or contact details in connection with the sahaza-group.com Site constitutes grounds for the deletion of your CV or your offer, and you accept full responsibility for any breach of your obligations under this Agreement and for any consequences (including any loss or damage suffered by SAHAZA GROUP) of such a breach.
You undertake not to transmit and not to publish any Malicious Code on the sahaza-group.com Site, and not to use or misappropriate the sahaza-group.com Site for your own commercial purposes. “Malicious Code” means any software (sometimes referred to as a “virus”, “worm”, “Trojan horse”, “time bomb”, “time limiter”, “software lock device”, “trap”, “access code”, “cancellation bot” or “back-door software”) that: (a) has been designed to damage, disrupt, disable, compromise, alter, interfere with, intercept or misappropriate data, a storage medium, a program, a system, equipment or a communication tool, or to harm them in any way, based on any event, including but not limited to (i) exceeding a certain number of copies, (ii) exceeding a certain number of users, (iii) exceeding a specified duration, (iv) reaching a certain date or other value, or (v) the use of a feature; or (b) allows an unauthorised person to cause such results; or (c) allows an unauthorised person to access another person’s data without that person being informed and having given their permission.
2. Registration and contact
Certain sections of the sahaza-group.com Site require you to register or provide an email address. If you register, you undertake to provide true, accurate, current and complete information about yourself, as required by our registration form (including your email address). You agree that SAHAZA GROUP may communicate with you or contact you on behalf of a third party, through other means, including by email, by telephone (including mobile phones) or by post, including using contact details obtained from you. By providing us with your mobile phone number, you expressly consent to being contacted via that number. To withdraw your consent at any time, you must send us an email from your registered address on our sahaza-group.com Site.
3. Disclaimer of warranty
SAHAZA GROUP declines all liability in the event of deletion, failure to store, error or delay in delivery concerning information, emails, attachments or a document.
SAHAZA GROUP also declines all liability in the event of technical malfunction of the sahaza-group.com Site, including without limitation any failure of the network or telephone service, of computer systems, servers or providers, of computer or mobile telephone equipment or software, as a result of technical problems, including any damage to your computer, your mobile device or any other of your hardware or software, or those of any other person, as a result of or in connection with the use or downloading of any Content relating to the sahaza-group.com Site.
THE sahaza-group.com SITE, AND ALL DOCUMENTS, ALL INFORMATION, ALL PROFILES OFFERED, ALL FEATURES AND ALL SERVICES AVAILABLE ON THE sahaza-group.com SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, SAHAZA GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND OF NON-INFRINGEMENT OF PROPERTY RIGHTS. SAHAZA GROUP DISCLAIMS ALL WARRANTIES RELATING TO THE SECURITY AND RELIABILITY OF THE sahaza-group.com SITE, AS WELL AS TO ALL DOCUMENTS, INFORMATION, USER CONTENT, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON THE sahaza-group.com SITE. SAHAZA GROUP DISCLAIMS ALL WARRANTIES RELATING TO THE GOODS OR SERVICES RECEIVED VIA THE sahaza-group.com SITE, PRESENTED ON THE sahaza-group.com SITE.
4. Limitation of liability clause
IN NO EVENT SHALL SAHAZA GROUP BE HELD LIABLE TOWARDS A USER ON THE BASIS OF THE INADEQUATE OR ABUSIVE USE OF THE sahaza-group.com SITE BY SAID USER OR OF THEIR RELIANCE ON THE sahaza-group.com SITE. THE APPLICATION OF THIS LIMITATION OF LIABILITY CLAUSE SHALL PROTECT THEM AGAINST THE COMPENSATION OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER THE CLAIMS ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY OR ANYTHING ELSE, EVEN IF SAHAZA GROUP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the foregoing, in no event shall SAHAZA GROUP be liable or deemed to have failed in its obligations under this Agreement or to have breached it for any delay or failure of execution or performance resulting from, arising out of or caused by, directly or indirectly, or resulting from acts, causes, forces or circumstances beyond its or their control, including but not limited to the following cases of force majeure: (a) natural disasters or forces; (b) floods, fires, storms, earthquakes, epidemics, explosions or other similar events; (c) war, invasion, hostilities (whether war is declared or not), threats or acts of terrorism, riots, insurrections, other civil disturbances or disruptions, military disturbances or acts of sabotage; (d) action, order, law or regulation of the government or orders of national or foreign courts or tribunals; (e) actions, embargoes or blockades in force on or after the date of this Agreement; (f) actions of any governmental authority; (g) national or regional emergencies; (h) strikes, labour disputes, stoppages or slowdowns or other industrial disruptions or shortages of labour or materials; (i) failures, interruptions, losses, fluctuations or malfunctions of supply services (including heating, lighting or air conditioning), communications, computers (software and hardware, including but not limited to computer viruses) or telephone communication services; (j) Internet, computer equipment, telecommunications equipment, electrical power or other equipment, or mechanical failures or shortages; (k) loss of data due to power outages or mechanical difficulties of information storage or retrieval systems; (l) non-performance of work by third parties; and (m) other events beyond the control of SAHAZA GROUP.
5. Severability and reinstatement of provisions
Each provision of this Agreement is independent. If any provision of this Agreement becomes unenforceable or unlawful, it shall be modified only to the extent necessary for this Agreement to remain in force once its clauses have been so modified. The unenforceability or invalidity of a provision shall not affect any other provision of this Agreement, which shall remain in full force and effect, and shall be interpreted and enforced as if that provision had never been included or had been modified as stipulated above, as the case may be.
6. Use of electronic signatures
Certain pages of the sahaza-group.com Site may offer an electronic signature option whose function is provided by a third-party provider. By using the electronic signature on the sahaza-group.com Site, you agree that your electronic signature is intended to authenticate the document you are signing. It shall have the same value as a handwritten signature. SAHAZA GROUP disclaims all warranties associated with your electronic signature, including any error related to the software or to the validity of the signature. SAHAZA GROUP is not legally required to carry out archiving. Your use of electronic signatures is at your own risk, and it is your responsibility to ensure that the document has been received and to keep your own copies.
7. Miscellaneous
This Agreement constitutes the entire understanding between the various parties in relation to the subject matter hereof, including all provisions applicable to the parties, and it cancels and replaces any prior or simultaneous understanding or Agreement, written or oral, dealing with the same content. Any waiver concerning one of the provisions of this Agreement shall be valid only provided that it is given in writing and signed by SAHAZA GROUP. This Agreement and all amendments and additional Agreements agreed between SAHAZA GROUP and you in relation to the sahaza-group.com Site constitute the entire Agreement. If any provision of this Agreement is declared invalid by a competent court, the invalidity of said provision shall not affect the validity of the other provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement may be modified or replaced only by mutual written agreement signed by an authorised representative of each party. In other words, exchanges by email or by telephone between you and an employee of SAHAZA GROUP do not constitute a modification of this Agreement.
By accessing or using the sahaza-group.com Site, you consent to the content of this Agreement and undertake to comply with all applicable laws and regulations, including Malagasy or other laws and regulations relating to export and re-export control, copyright laws and any other law relating to intellectual property.
You understand and acknowledge that SAHAZA GROUP holds all rights, title and interest in relation to the sahaza-group.com Site and all intellectual property rights associated with the sahaza-group.com Site. SAHAZA GROUP reserves all rights not expressly set out in this document. You are not authorised to modify the copyright notices, notices relating to exclusive rights and to trademark and service mark attributions, patented product markings or any other indication of ownership appearing on the documents accessible via the sahaza-group.com Site. The use of the documents or descriptions, the derivative use of the sahaza-group.com Site or of the documents contained therein, and the use of data mining tools, robots or other data extraction and gathering tools are strictly prohibited. You may under no circumstances frame any part of the Site or the documents it contains.
Any waiver concerning one of the provisions of this Agreement shall be valid only provided that it is given in writing and signed by SAHAZA GROUP.
Any notice addressed to SAHAZA GROUP must be sent to the following address: Lot VA 19 DB Tsiadana 101 ANTANANARIVO – MADAGASCAR, by registered or priority mail, by air or by express courier. It shall be deemed to have been effectively delivered once received. Notices may be sent to you by email at the address indicated in your account settings. They shall be deemed received once sent (for emails) or at the latest fifteen (15) days after their publication.
You may not assign or transfer your rights or obligations hereunder without prior written authorisation, and in the absence of such authorisation, any attempt to do so shall be null and void. SAHAZA GROUP may freely assign or delegate its rights and obligations hereunder without having to inform you.
B- Terms of Use for Applicants
1. Advertisements or Job Offers
SAHAZA GROUP is free of charge for Applicants, and may make available Advertisements promoting professional opportunities and other employment-related content. Since free-of-charge service is a principle upheld at SAHAZA GROUP, any attempt by any means to obtain payment of any fee does not originate from SAHAZA GROUP and must systematically be refused by the Applicant. If, against all expectations, the Applicant disregards this warning, they alone shall bear the consequences and may at no time take action against SAHAZA GROUP.
You are not authorised to use our sahaza-group.com Site or its content for other purposes. For the purposes of this section, all references to “you” or “your” refer to you, as a person or organisation, accessing the sahaza-group.com Site as an Applicant.
2. CVs and recommended jobs
By submitting your CV via the sahaza-group.com Site, you request and give permission to SAHAZA GROUP to make your CV available to all third parties, such as Clients who may be interested in your profile. By creating or uploading a CV on our sahaza-group.com Site, you authorise us to contact you. If you notice any inaccuracy in any of the aforementioned content, it is your responsibility to correct the information concerned, or to contact us so that it may be corrected. In order to protect your confidentiality, SAHAZA GROUP may mask or hide your contact details, such as your email address, in your CV, and may replace them with a pseudonym.
3. Applying
This Agreement and our Privacy Policy govern the information and CVs that you send through the sahaza-group.com Site, including the personal data appearing on your CV, in an application or in any answers to pre-selection questions and assessments.
As long as the offer corresponding to your profile remains on our sahaza-group.com Site, SAHAZA GROUP may use your application documents or may store such information. To guarantee the quality of the sahaza-group.com Site and services, SAHAZA GROUP may, at its sole discretion, impose limitations on your ability to apply or may not follow up on your application because your profile does not match the Client’s offer.
4. Assessments
At the Client’s request, an online or offline Assessment tool may be set up, which is dedicated to the provision and review of skills assessments selected by the Clients (the “Assessments”), and the answers given by the Applicants (the “Answers”). Clients may use the Assessment tool for the Assessments to which you may respond, which will be decisive in retaining your offer.
You agree and acknowledge that the usefulness and value of the Assessments and Answers depend on their content remaining confidential. You therefore agree to preserve the confidentiality of the content of the Assessments and Answers, and not to reproduce them or discuss them with anyone.
SAHAZA GROUP declines all liability with respect to the content, accuracy, validity, completeness, legality, reliability of the sahaza-group.com Site and of any Assessment or Answer.
5. Salary, career, recruitment and other information provided
Progressio may provide certain information and content to users for informational purposes only.
If your application is successful, SAHAZA GROUP shall assume the status of Employer and shall take on all the obligations incumbent on an Employer in accordance with the legal provisions in force, in particular in terms of salary, working conditions, etc.
6. Applicable law and dispute resolution
This Agreement, as well as any dispute arising from or referring to it, or associated with the sahaza-group.com Site in one way or another (“Dispute”), shall be governed by Malagasy laws, regardless of the subject matter of the Dispute, including but not limited to the validity, interpretation and scope of this Agreement, without giving full effect to the principles of conflicting laws concerning said Disputes. All legal actions, proceedings and other judicial procedures relating to such Disputes must be brought only before the competent Malagasy courts.
C- Terms of Use for Clients
The following conditions apply to all Clients and other users who access the sahaza-group.com Site, in their own name or on behalf of others, including but not limited to agencies purchasing services for several parties, or for persons who accept this contract. For the purposes of this section of the general terms of use, all references to “you” or “your” refer to you, as a person or organisation, accessing the sahaza-group.com Site as a Client.
1. Employer and pre-selection questions
You also agree that the status of Employer shall be vested in SAHAZA GROUP; you shall refrain from contacting the Applicants directly or indirectly. All correspondence must take place through SAHAZA GROUP.
You are responsible for the content of your emails, application forms, pre-selection questions and their format. In the event that you provide incorrect contact details, it is your responsibility to correct the error, to respond appropriately or to take all necessary measures, and you shall indemnify SAHAZA GROUP for all damages resulting from this error.
2. Correspondence
All correspondence or validation of offers with SAHAZA GROUP must be done by email at the address indicated in the form by the Client.
SAHAZA GROUP may offer you the possibility of participating in online and remote communications in the performance of its service, including but not limited to telephone interviews, online meetings and video interviews (hereinafter “Online Interviews”). The services concerned may include access to scheduling, videoconferencing, web conferencing, meeting rooms and other collaboration services offered by third-party telecommunications service providers. You understand that SAHAZA GROUP is not a telecommunications service provider. SAHAZA GROUP disclaims all warranties regarding the transmission of online communications. SAHAZA GROUP does not guarantee: (1) the availability of these services at the time you attempt to set them up; (2) the quality of these services; nor (3) the dates or times you have set with us for our Online Interview, but will instead make all its best efforts to respond favourably to your request.
YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE THE ONLINE INTERVIEWS AT YOUR DISCRETION AND AT YOUR OWN RISK, AND THAT YOU RELEASE SAHAZA GROUP FROM ALL LIABILITY ARISING FROM YOUR USE OF THE ONLINE INTERVIEWS.
At your request, SAHAZA GROUP may invite other representatives of your company to participate in Online Interviews. You understand and agree that SAHAZA GROUP will issue such invitations on your behalf based on the email addresses you provide for these representatives, but that SAHAZA GROUP is not responsible for any inaccuracies contained in the contact information you provide. Furthermore, SAHAZA GROUP is not responsible, and you are solely responsible, for the conduct or acts of your representatives. You represent that you have the authority to bind your additional representatives to SAHAZA GROUP’s General Terms.
3. Applicable law and dispute resolution
This Agreement, as well as any Dispute arising from or related to it, or related in any other way to the sahaza-group.com Site, shall be governed by Malagasy laws.
Any dispute that may arise in connection with the performance and/or interpretation of this contract shall be the subject of an amicable negotiation between the Parties.
In the event of failure of this amicable procedure, any dispute or disagreement shall be settled definitively by arbitration, in application of the conciliation and arbitration rules of the Arbitration and Mediation Center of Madagascar (CAMM).
The place of arbitration shall be Antananarivo, Madagascar.
