TERMS OF USE

1. ACCEPTANCE

Welcome to the Vargas Partners Ltd. website, together with any materials and services available therein, and any successor site(s) (individually referred to as the “Site,” or collectively as the “Sites”), which are operated by Vargas Partners Ltd. (referred to as “Vargas Partners,” “we,” or “us”). These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Sites and constitute a legally binding contract between you and Vargas Partners. These Terms incorporate any additional terms and conditions posted by Vargas Partners through the Site, including but not limited to our Privacy Notice and Cookies Policy.

By accessing and/or using the Site, you acknowledge that you have read and understood these Terms and the Privacy Notice, and agree to be bound by them. If you do not accept and consent to these Terms and the Privacy Notice, then you must not use or access the Site.

We may change these Terms and/or the Privacy Notice from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms or a revised Privacy Notice through the Site. Any changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Privacy Notice or otherwise notified you of such changes.

The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links) or offer opportunities to some or all Site users. Your use of the Site following these changes means that you accept the revised Terms.

2. ELIGIBILITY

By using the Site, you affirm that you are of legal age (18 years or older) to enter into these Terms. If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Site and to any such Organization.

The Site is controlled and/or operated from locations chosen by Vargas Partners, and is not intended to subject Vargas Partners to any jurisdiction or law outside of the British Virgin Islands. You are solely responsible for compliance with all applicable laws, rules, and regulations in the applicable jurisdiction. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.

3. LICENSE

Subject to and conditioned on your compliance with these Terms, Vargas Partners grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site, and to download copies of the materials that we make available for download on the Site, in each case solely for your personal and non-commercial use or for the purpose of inquiring about potential business or career opportunities with Vargas Partners.

The Site, including all content, information, and materials incorporated into or made available through the Site, is the exclusive property of Vargas Partners or its suppliers, and is protected by applicable intellectual property law. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under these Terms.

All trademarks, service marks, and logos displayed on the Site (the “Marks”) are the exclusive property of Vargas Partners or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Site grants, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.

4. USER-SUBMITTED MATERIALS

The Site may include functionality that enables you to submit information or materials (“Submitted Materials”) via email links or messaging links (e.g., WhatsApp or Email). Submitted Materials may include, for example, comments, questions, CVs or professional information about yourself if you are inquiring about a job opportunity.

• License to Submitted Materials. If you choose to submit any Submitted Materials, you hereby grant Vargas Partners a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes).
• Representation and Warranty. By submitting Submitted Materials, you represent and warrant that you have all rights necessary to grant the foregoing license, and that your Submitted Materials, and your provision thereof through and in connection with the Site, are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party (including intellectual property rights).
• Screening and Removal. Vargas Partners may (but has no obligation to) screen, monitor, evaluate, and delete any Submitted Materials at any time and for any reason, or analyze your access to and use of the Site.
• Privacy. Certain information that you provide to Vargas Partners through the Site will be governed by our Privacy Notice.

5. FEEDBACK

We do not accept or consider any unsolicited ideas, proposals, suggestions, or other materials whether related to the Site or otherwise (collectively, “Feedback”). Please do not submit any Feedback to us. If you do submit Feedback, you acknowledge and agree that (a) Vargas Partners is not obligated to review, acknowledge, or pay you for any Feedback; (b) such Feedback automatically becomes our intellectual property, without any compensation to you, and we may use or distribute the Feedback in any way and for any purpose without restriction; (c) Vargas Partners has no fiduciary or other obligation to you or any other person; (d) Feedback shall be deemed to be non-confidential; and (e) Vargas Partners has no obligation to keep Feedback confidential.

6. RULES OF CONDUCT

In connection with the Site, you agree NOT to:

• Post, transmit, or otherwise make available any content or materials that are unlawful, fraudulent, threatening, harassing, degrading, hateful, or otherwise objectionable;
• Post, transmit, or otherwise make available any Virus or malicious code;
• Use the Site for any unauthorized commercial purpose or in any way that is fraudulent or unlawful;
• Harvest or collect information about users of the Site;
• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available;
• Reproduce, copy, modify, adapt, or create derivative works of, sell, resell, license, or otherwise exploit any portion of (or any use of) the Site, except as expressly authorized herein;
• Reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is prohibited by law;
• Remove any copyright, trademark, or other proprietary notices from the Site;
• Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service;
• Systematically download or store Site content, or use any robot, spider, site search/retrieval application, or other manual or automatic device to collect or scrape Site content, without Vargas Partners’ express prior written consent;
• Permit, assist, or encourage any other person to do any of the foregoing in this section or engage in any act or omission that would constitute a breach of these Terms.

7. THIRD-PARTY MATERIALS

The Site may make available or provide links to third-party websites, content, or services (“Third-Party Materials”). Vargas Partners does not control, and is not responsible for, any Third-Party Materials, and the availability of or links to any Third-Party Materials does not imply endorsement of or affiliation with the provider of such Third-Party Materials. Your use of Third-Party Materials is at your own risk.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Vargas Partners and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Site (including any Submitted Materials) or your violation or alleged violation of these Terms or the Privacy Notice. You may not settle any claim without Vargas Partners’ prior written consent.

9. DISCLAIMER

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND. VARGAS PARTNERS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

We do not guarantee that the Site is or will remain accurate, complete, or secure, or that access to the Site will be uninterrupted. We are not responsible for any inaccuracies or errors, or for any unauthorized alterations to the Site by third parties. You expressly acknowledge that the Site might be affected by circumstances beyond Vargas Partners’ control, and that security measures might not protect against unauthorized access, use, or disclosure. Vargas Partners is not responsible or liable for any unauthorized access to, or use, alteration, theft, or destruction of the Site or any data stored or processed therein.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VARGAS PARTNERS AND ITS AFFILIATES, INCLUDING THEIR RESPECTIVE EMPLOYEES, OFFICERS, AGENTS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF SECURITY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM AGGREGATE LIABILITY OF VARGAS PARTNERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL BE USD $100.

11. TERMINATION

Vargas Partners may terminate or suspend your access to the Site at any time, with or without cause or notice. Upon termination or suspension, (a) your right to use the Site ceases immediately; (b) Vargas Partners may deactivate or delete related materials; and (c) all other provisions of these Terms (other than the limited license in Section 3) will survive.

12. NOTICE OF COPYRIGHT INFRINGEMENT

If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a written notice by mail or email requesting that we remove or block access to such material. Please consult your legal advisor before filing a notice or counter-notice. Notices should be sent to:

Mailing Address: Intershore Chambers, Road Town, Tortola, British Virgin Islands
Email: legal@vargaspartners.com
Phone: +852 5725 7757 (WhatsApp Only)

13. GOVERNING LAW; JURISDICTION

These Terms are governed by, and will be construed in accordance with, the laws of the British Virgin Islands. You agree that any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction and venue of the courts located in the British Virgin Islands, unless otherwise agreed by you and Vargas Partners in a separate signed agreement.

14. GENERAL

These Terms do not create any partnership, joint venture, employer-employee, or agency relationship between you and Vargas Partners. If any provision of these Terms is found to be unlawful or unenforceable, it will not affect the validity of any other provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign any or all of our rights or obligations under these Terms at any time without restriction. No waiver by either party of any breach under these Terms will be deemed a waiver of any subsequent breach. Headings are for reference only. These Terms constitute the entire agreement between you and Vargas Partners relating to the subject matter herein. Notices to you may be made via posting to the Site or by email (including via links), or by regular mail.

15. CANDIDATES

1. Inquiries; Job Postings

Vargas Partners may post job opportunities on the Site for informational purposes only. If you click on a job posting, you will be prompted to contact us by email or WhatsApp (collectively “Candidate Inquiries”). You acknowledge and agree that the Site itself does not collect or store your personal data, but any information you provide when contacting us (e.g., via email or WhatsApp) may be subject to our Privacy Notice.

2. No Guarantee

All job postings on the Site are for informational purposes only. Vargas Partners does not guarantee that any job posting is still available, that you will be considered for any position, or that you will receive any employment offer. You must use your own judgment in evaluating any prospective opportunities.

3. Candidate Communications

Any initial communication between you and Vargas Partners related to posted job opportunities is facilitated by either an email link or a WhatsApp link on the Site. By using these links, you agree that you are initiating communication with Vargas Partners voluntarily, and any personal information you provide is done so at your discretion and with your consent. You also acknowledge that neither email nor WhatsApp is a fully secure method of communication, and you are responsible for ensuring the accuracy of any information you provide.

4. Disclaimers Regarding Employment

Vargas Partners is not responsible for (a) any offer, representation, or hiring decision by third parties, (b) your compatibility or suitability for any job, or (c) the content, completeness, or accuracy of any job listing other than our own. We make no guarantee that employment, contract engagement, or any specific compensation will result from your inquiry.

16. CONTACT US

If you have any questions or complaints about these Terms or the Privacy Notice, or if you would like to update any personal information you have provided to us, please contact us at the mailing address or email address below:

Mailing Address:
Vargas Partners Ltd.
Intershore Chambers, Road Town, Tortola, British Virgin Islands

Email Address:
legal@vargaspartners.com

Phone Number:
+852 5725 7757 (WhatsApp Only)

Please note that email or WhatsApp communications will not necessarily be secure; accordingly, you should not include highly sensitive information in your message correspondence with us.