1. Overview of the website
- 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.
- 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.
2. Obligations of the applicant
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- Talentsquare does not guarantee that use of the Website will lead to finding a job.
4. Intellectual property
5. Risk allocation
- 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.
- 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.).
- 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.
- Talentsquare cannot be held liable with regard to services offered by third-party service providers through the credit system.
- 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.
- In order to access certain services on the Website, Applicants need to purchase credits (“Credits”).
- The Credits can never be exchanged for cash and do not yield any interest.
- 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.
- 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.
- Both Talentsquare and these third-party service providers can modify the prices of the services they are offering at any time, without prior notice.
- 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.
- 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.
- The Applicant has no right to transfer any right or obligation on the basis of these Conditions.
- 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.
- The Applicant accepts that the functionality and operation of the Website can be changed from time by Talentsquare without prior notice.
- 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.