Terms and Conditions for Candidates
These general terms and conditions are applied by 8vance Matching Technologies B.V. (hereinafter “8vance”), based in Venlo and registered in the Commercial Register of the Chamber of Commerce under number 55679218.
Article 1: Definitions
1.1. The following capitalised terms in these Conditions shall have the following meanings:
|Article||an article of these Terms and Conditions|
|Account||the personal account with which the Candidate gains access to 8vance’s Platform|
|Content||all data and files located in the Platform, excluding Candidate Content|
|Intellectual Property Rights||all full worldwide intellectual property rights and similar related rights in the broadest sense, including copyrights, design rights, trademark rights, trade name rights, database rights, patent rights, trade secrets and know-how and domain names, including all powers granted or to be granted by the relevant national and international regulations|
|Candidate||the natural person seeking employment, including self-employed persons|
|Candidate Content||all data and files stored in the Platform by the Candidate|
|Parties||8vance and the Candidate together|
|Platform||the digital platform of 8vance that connects employers and employees using smart technology|
|Terms and Conditions||the present terms and conditions|
Article 2: Applicability
2.1. These Terms and Conditions apply to any use of 8vance’s Platform and to all Agreements with 8vance.
2.2. The natural persons and legal entities directly or indirectly related to 8vance and involved in any way in the execution of an Agreement may also invoke these Conditions. This provision constitutes an irrevocable third-party clause for the benefit of the persons connected to 8vance.
Article 3: Agreements on the use of the Account and the Platform
3.1. To gain access to the Platform, the Candidate must create an Account. A Candidate can independently create an Account if he or she is a natural person (which includes self-employed persons) and is 18 years of age or older. If the Candidate is younger, they must have the consent of a parent or guardian to create an Account and use the Platform.
3.2. The Candidate is responsible for ensuring that the information in their Account is correct and up-to-date. 8vance may rely on the information and contact details entered by the Candidate and has no obligation to verify this information.
3.3. The purpose of the Platform is to make it easier for the Candidate to orientate on work, to see which professions or positions suit them and/or to find work. Any other (improper) use of the Platform is not permitted.
3.4. The Candidate’s Account is strictly personal. The Candidate will:
a. use the Platform only for themselves (and not also for others);
b. not share the login details (such as username and password) with third parties and prevent third parties from knowing the login details;
c. not give third parties access to the Platform and prevent third parties from using the Platform; and
d. do not circumvent any security of (the software of) the Platform (such as a security that shields certain products or data or a copy protection).
3.5. The Candidate is responsible for any use made of their Account. If the Candidate becomes aware of any unauthorised use of (their login details of) the Account, they shall immediately inform 8vance thereof in writing. They will also take action themselves to stop the unauthorised use and in any case immediately change their password.
3.6. If 8vance suspects or ascertains that third parties (may) use the Platform with the Candidate’s Account, 8vance may immediately block the Account and send the Candidate replacement login details.
3.7. Use of the Platform is subject to a fair use principle. This means that 8vance may take measures in case of structural and systematic additional use by the Candidate. 8vance will first inform the Candidate of such a situation and discuss a solution. If no (speedy) solution is reached, 8vance is entitled, among other things, to deny the Candidate access to the Platform.
3.8. 8vance is entitled to check whether the Candidate meets all conditions. 8vance may decide, for reasons of its own, to terminate the Account or deny access to the Platform, inter alia, if the Candidate violates these Terms and Conditions or if the Account has not been used for a longer period of time [a period of inactivity may be fixed, such as 18 months].
Article 4: Agreements on Candidate Content and Content
4.1. Before posting Candidate Content on the Platform, the Candidate must ensure that it has all relevant Intellectual Property Rights or the permission of the rights holder to do so.
4.2. The Candidate shall not post Candidate Content on the Platform or provide any data or documents to 8vance that:
a. are incorrect or untrue;
b. infringe the (Intellectual Property) rights of third parties;
c. violate privacy regulations;
d. are discriminatory (e.g. by race, gender, religion or belief);
e. contrary to public order or morality; or
f. are otherwise punishable or unlawful.
4.3. In principle, 8vance does not take cognisance of the Candidate Content and has no obligation to check the Candidate Content. If 8vance detects or reasonably suspects that certain Candidate Content has been posted on the Platform in violation of these Terms and Conditions, 8vance is entitled to remove it without prior notice.
4.4 8vance receives much of the Content supplied by its licensors (such as job postings from employers and from agencies). 8vance does not check the Content and does not guarantee its accuracy or completeness. The Candidate should always assess the accuracy of the Content themselves and contact the party from whom the Content originated in case of questions. 8vance is not liable for the use of the Content.
Article 5: Additional agreements
5.1. 8vance performs all its services (including the provision of the Platform) on the basis of an obligation of effort. 8vance does not provide any guarantees of any kind on the Platform. For example, 8vance does not guarantee that the Platform and links to the Platform are free of errors, that the Platform is accessible, that the Platform is suitable for the intended use or that the Candidate will find (suitable) work with the help of its Platform. 8vance only has an obligation to make an effort to minimise downtime.
5.2. Due to the continuous innovation of the Platform, the Platform may change from time to time (such as modifying the graphic user interface, adding or removing Content and adding or removing functionalities of the Platform). 8vance may temporarily make all or part of the Platform inaccessible as necessary for maintenance.
5.3. If, in the opinion of 8vance, there may be a danger to (the functioning or accessibility of) the Platform, for example due to excessive sending of data or activities of viruses, trojan horses and similar threats, 8vance is entitled to immediately take all measures it deems advisable to limit or prevent any damage.
5.4. 8vance is not obliged to make backups. The Candidate remains solely responsible for securing all necessary information. 8vance is not obliged to restore mutilated or lost data.
5.5. 8vance is entitled to terminate the Account or deny access to the Platform if:
a. the Candidate’s bankruptcy is filed for or the Candidate is declared bankrupt;
b. the Candidate is incapacitated or has no power of disposition;
c. the Candidate dies; or
d. there are other circumstances that make 8vance decide to do so, for example if 8vance decides to no longer operate the Platform because it is no longer practically or financially feasible to do so.
5.6. If 8vance decides to terminate the Account or deny access to the Platform, including in the cases described in Clause 5.7, the Candidate must immediately cease any use of the Platform.
Article 6: Intellectual Property Rights
6.1. All Intellectual Property Rights to the Platform and the Content (including the software or source code contained therein, graphic user interface, texts and images) and to all other items provided by 8vance to the Candidate, belong exclusively to 8vance and its licensors.
6.2. 8vance grants the Candidate a non-exclusive and non-transferable licence (right of use) to use the items mentioned under Clause 6.1. for their own use, insofar as reasonably necessary and for the purpose for which the items concerned have been made available, all this provided that the Candidate has an Account and complies with all conditions, including the provisions in these Terms and Conditions.
6.3. The Candidate and any licensors remain themselves entitled to the Intellectual Property Rights to the Candidate Content and to other data and files that the Candidate provides to 8vance. The Candidate grants 8vance a non-exclusive, free of charge licence to these Intellectual Property Rights, on the basis of which 8vance may disclose and reproduce the said items via the Platform and provide them to third parties (such as employers or recruiters).
6.4. The Candidate shall not do or refrain from doing anything that infringes or invalidates the Intellectual Property Rights of 8vance and its licensors. The Candidate is prohibited from copying, decompiling or ‘reverse engineering’ the Platform (whether or not through a third party).
6.5. The Candidate is not allowed to remove any indications of (the Intellectual Property Rights of) 8vance from the items mentioned in Clause 6.1.
Article 7: Privacy
Article 8: Miscellaneous
8.1 8vance may amend these Terms at any time and at its sole discretion. 8vance will make the amended conditions available through the Platform. When using the Platform, the most recent version of the Terms and Conditions will always apply. If a Candidate does not agree with the amended Terms and Conditions, 8vance may decide to terminate the Account or deny access to the Platform.
8.2. If 8vance is entitled on the basis of these Conditions to take a certain measure (such as terminating the Account or denying (temporarily or otherwise) access to the Platform), it may do so without further notice and without being obliged to compensate any damage or costs.
8.3. Amendments to the provisions of these Terms and Conditions will only be effective if they are set out in writing.