These Terms of Use set forth the rules that apply to an applicant using the services available on the Talentsquare website (“Website”). By using the Website, you agree with these Terms of Use. Together with the Disclaimer and the Privacy Policy, these Terms of Use constitute a binding agreement (“Agreement”) between you and Talentsquare (“Talentsquare“) with address Cour de la Copenne, 12, 7181 Arquennes, Belgium, and with VAT number 0641.685.385. Talentsquare can be contacted on +32 2 203 41 66 and via the email [email protected] If you experience any difficulty in understanding these Terms of Use, or if you do not agree with the contents thereof, we request that you discontinue using this Website.  

1. Overview of the website

  1. The Website offers services for both applicants looking for job opportunities (“Applicants”) and employers (“Employers”) looking for Applicants. Through an integrated web-based platform, CVs of Applicants (“CVs”) can be submitted, verified and enriched in order to enable Employers to consult and compare CVs.
  2. CVs can either be directly submitted by an Applicant, or can be submitted by an Employer. In the latter case, the Applicant can correct and validate the CV submitted by an Employer.
  3. Subject to clause 1.4 below, these Terms of Use apply during the entire period of time that a CV of the Applicant is uploaded to, or made available on, the Website.
  4. The Applicant has the right to request Talentsquare to remove his CV from the Website, in accordance with the provisions of the Privacy Policy. The Applicant acknowledges that Talentsquare cannot prevent Employers that previously gained access to the Applicant’s CV, to have stored a (partial) copy of the CV.
 

2. Obligations of the applicant

  1. The Applicant guarantees that all information in, or related to, a CV that is either uploaded by him or (if uploaded by an Employer) validated by him, is correct, complete and accurate.
  2. The Applicant warrants that, in accordance with all applicable national rules, he is allowed to use the Website, upload the CV to the Website, and enable Talentsquare to use the CV as set forth in this Agreement.
  3. The Applicant agrees that he is solely responsible for the content of any information placed on the Website by him, and for any consequence that may arise out of such placement.
  4. The Applicant acknowledges that by uploading references in his CV (e.g., regarding previous employers or specific education), Talentsquare may contact such references by email to verify the claims made by the Applicant. The Applicant explicitly provides Talentsquare the right to send such emails in the Applicant’s name.
  5. The Applicant agrees that Talentsquare may amend the CV as set forth in the Privacy Policy.
  6. Pursuant to the Privacy Policy, the Applicant has the right to gain indirect insight into his CV.
  7. The Applicant undertakes not to use the Website to (i) download, send, or disseminate data containing viruses, worms, spyware, malware or any other similar malicious programs; or (ii) carry out any calculations, operations or transactions that may interrupt, destroy or restrict the functionality of the operation of the Website.
  8. Services on the Website are only accessible in case of complete and correct registration on the Website. Access to the services offered on the Website requires the combination of a login and a password (jointly referred to as the “Means of Access”). The Applicant undertakes to comply strictly with the appropriate procedures regarding access to the Website. The Means of Access are strictly personal and the Applicant is responsible for the safeguarding, confidentiality, security and appropriate use of the Means of Access by him and undertakes to take all steps to prevent any unauthorised third party from gaining knowledge and making use thereof. The Applicant will notify Talentsquare immediately of the loss, theft, breach of confidentiality or any risk of misuse of the Means of Access. The Applicant is fully responsible for any use of the Website, as well as for any detrimental consequences that may arise directly or indirectly therefrom, until the time that such notification is made.
 

3. Obligations of Talentsquare

  1. Talentsquare, in its sole discretion, has the right to remove or suspend access to any CV of an Applicant from the Website, or to terminate or suspend the Applicant’s use of the Website, if: (i) the CV or the Applicant’s Website account is not in accordance with this Agreement; (ii) the CV has not been maintained or contains outdated, harmful or illegal information; or (iii) the Applicant breaches any term of this Agreement. Talentsquare shall use reasonable efforts to inform the Applicant of any such removal or suspension.
  2. Talentsquare does not guarantee that use of the Website will lead to finding a job.
 

4. Intellectual property

  1. Subject to these Terms of Use, Talentsquare grants the Applicant a limited, revocable, personal, right to access and use the Website, for the sole purpose of searching for a job for himself.
  2. Subject to these Terms of Use, the Applicant agrees to waive any and all intellectual property rights and proprietary rights regarding any CV submitted or modified by the Applicant, and agrees that talentsquare has the right to use (and allow others to use or consult) the CV on any website and for any CV-related service, until Applicant explicitly withdraws the CV.
 

5. Risk allocation

  1. Talentsquare provides an open platform where Employers and Applicants can meet. While Talentsquare has the right to occasionally check CVs and any other information contained on the Website, and all users of the Website are invited to inform Talentsquare about any incorrect, harmful or illegal information, Talentsquare does not verify all information available on the Website.
  2. Talentsquare will undertake all reasonable efforts to execute its obligations with respect to the Applicant. However, to the maximum extent permitted by law, (i) the sole remedy of the Applicant for any contractual or extra-contractual damage incurred, consists of the correction by Talentsquare of any error, to the extent such correction is commercially reasonable; (ii) the maximum contractual and extra-contractual liability of Talentsquare for any direct damage incurred by the Applicant shall be limited to 25 EUR  (or, for liability caused by the credit system described in clause 6 below, the countervalue of the credits the account at the moment the damage occurs, if this countervalue is higher than 25 EUR); and (iii) Talentsquare cannot be held liable for any indirect damage (such as loss of profits, loss of image or reputation, claims of third parties, loss of data, loss of customers or revenue, etc.).
  3. Talentsquare shall not be liable in case of force majeure (which is understood to be any event beyond the reasonable control of a party), including but not limited to fire, flood, earthquake, forces of nature or acts of God, acts of war, terrorism, strikes, telecom disruptions, external hacking or substantial software bugs.
  4. Talentsquare cannot be held liable with regard to services offered by third-party service providers through the credit system.
  5. Nothing in these Terms of Use limits the liability of Talentsquare for fraud, wilful intent, death, bodily injury or gross negligence.
  6. The Applicant agrees to indemnify, defend and hold harmless Talentsquare against all claims of third parties (including, without limiting to, employers) resulting from (i) any information placed on the Website by the Applicant; (ii) an infringement on the rights of a third party; or (iii) a breach of these Terms of Use.
  7. Without prejudice to the rights of Talentsquare set forth in the Disclaimer, in the event of breach (or in the event of risk of breach) by the Applicant of the terms of this Agreement, Talentsquare has the right to suspend access to the Website wholly or partially with immediate effect, without prior notice of default and without giving the Applicant any right to compensation.
 

6. Credits

  1. In order to access certain services on the Website, Applicants need to purchase credits (“Credits”).
  2. The Credits can never be exchanged for cash and do not yield any interest.
  3. The Credits can only be used to purchase services offered by Talentsquare or by third-party service providers that have been expressly approved by Talentsquare. These third-party service providers are listed on the Website.
  4. Talentsquare is not a party to an agreement concluded between an Applicant and a third-party service provider. Talentsquare thus does not guarantee the execution in good faith of such an agreement on behalf of any of the parties vis-à-vis the other party.
  5. Both Talentsquare and these third-party service providers can modify the prices of the services they are offering at any time, without prior notice.
 

7. Miscellaneous

  1. Access to this Website may not be lawful in some countries and such persons have no right to access or use the Website. Access to the Website is always on the Applicant’s own risk, and only the Applicant is responsible for observing all regulations applicable to him.
  2. If any clause of these Terms of Use is held to be invalid, illegal, or unenforceable, the remaining clauses of these Terms of Use will not in any way be affected or impaired.
  3. If the Applicant no longer uses or may use the Website and the Service, these Conditions remain in force and the Applicant has the obligation to immediately stop all use of and all access to the Website.
  4. The Applicant has no right to transfer any right or obligation on the basis of these Conditions.
  5. No failure to exercise any right or delay in exercising that right, in connection with these Conditions, shall operate as a waiver of that right or any other right.
  6. The Applicant accepts that the functionality and operation of the Website can be changed from time by Talentsquare without prior notice.
  7. In view of the further development of the Website, this Agreement may be subject to modifications by Talentsquare. In the event of such changes, the Applicant will be informed reasonable in advance of the change. Any use of the Website by the Applicant after the entry into force of the modified Agreement, as well as the existence of any Applicant account that is not deactivated before the entry into force of the modified Agreement, shall be deemed as an acceptance of the modified Agreement. This Agreement was last modified in October 2015.
 

8. Governing Law and Jurisdiction

These Terms of Use shall be governed by the laws and regulations of Belgium (without reference to its conflicts-of-law provisions), and any dispute shall be submitted to the applicable Court of Brussels.