GENERAL TERMS AND CONDITIONS OF USE OF THE WEB PORTAL Medewerker Gi Group

These general terms and conditions of use (“Terms of Use”) govern the contractual terms and conditions for the use of the services (“Services”) by candidates (“User”) of the web portal (including access to the same) https://medewerker.gigroup.nl/ (“Web Portal”) owned by Mysolution (“Company”), with registered office in Houten .

 

1. Applicability

1.1. These Terms of Use apply to all interactions between the Company and the User, directly or indirectly related to the Web Portal and the Content as defined below.

1.2. The User agrees to use the Web Portal and its Contents in full knowledge and full acceptance of the Terms of Use in force at the time of use of the Web Portal.

1.3. Any changes the Company may provide, at its sole discretion, to the Terms of Use will be published on the Web Portal and will become binding on the User.

 

2. Access to the Web Portal

2.1. The Company makes available to the User the Web Portal and all related contents, services, information and functions (“Content”) in accordance with the provisions of these Terms of Use and the registration procedures provided for in Article 4 below.

2.2. The Company reserves the right, at any time, at its own discretion and without prior notice, to (i) suspend, interrupt and/or limit access to and use, even partially, of the Web Portal and the Contents (ii) modify this Web Portal, its Contents and these Terms of Use. The amended Terms of Use shall apply from the moment they are published on the Web Portal. The User is required to periodically consult these Terms of Use in order to take note of any changes or updates made, which are automatically accepted and binding for the User following their publication on the website.

 

3. Suspension and cancellation of registration on the Web Portal

3.1. The Company reserves the right to suspend access to and use of the Web Portal and its Contents at any time and for any reason, as well as to delete the User from the Web Portal, without any right to object, in the event that:

– the User breach these Terms of Use;
– the User uses the Web Portal and its Contents for illegal purposes and/or to distribute on the web of illegal content or content that violates the rights of third parties;
– there is an inactivity of the User that lasts for more than 18 (eighteen) months;
– it is required by a public authority.

 

4. Use of the Web Portal

4.1. The use of the Web Portal and its Contents is allowed after the completion of the registration procedure by the Users, according to the procedures set out below.

Candidates

Candidates must fill in the registration form in the appropriate section of the Web Portal, read the privacy policy – giving the required consents by affixing specific flags – and the Terms of Use. At the end of the registration, the candidate will receive, at the e-mail address provided in the registration form, an e-mail/notification containing a link to be able to enter a password to access the reserved area of the Web Portal. It is specified that the system allows the recognition of the candidate through the e-mail address and, therefore, it is not possible to create two accounts with the same e-mail account.

By accessing the reserved area of the Web Portal, candidates will be able to take advantage of the services addressed to them, including viewing job offers and receiving communications relating to them, applying for those of specific interest, updating their professional profile, viewing some useful instructions for job search, etc. In the event that a candidate decides to submit an application, the Company assumes no obligation or liability with respect to the recruitment process, including the selection of the candidate, the interview and the actual job offer. The User expressly acknowledges and accepts that the Company does not provide any guarantee or responsibility regarding the outcome of the selection and recruitment process, including by third-party client companies.

 

5. Obligations and Warranties of the User

5.1. The User is the solely responsible for the use of the Web Portal and its Contents and, by accessing the same, accepts and guarantees to use them for lawful purposes permitted by law, by the uses and customs and rules of good faith, without prejudice in any way to the rights of the Company and/or third parties and, in any case, in accordance with these Terms of Use.

5.2. By accessing the Web Portal and the Contents, the User undertakes not to take any action that may prejudice the image, interests and/or rights of the Company. The User also agrees not to take any action that may damage, make it impossible to use or overload it, or that may in any way interfere with the normal use of the Web Portal by other users.

5.3. The User undertakes to indemnify and hold harmless the Company from any and all claims, requests, complaints or prejudicial consequences that may arise from the use of the Web Portal and the Contents by the User in a manner that does not comply with the provisions referred to above.

5.4. The User guarantees that all information provided during the registration process and/or communicated by filling in specific forms or contractual clauses is true, accurate and complete. The Company may, at its discretion, prevent access to the Web Portal by deactivating and/or deleting the data subject’s account if it appears that the latter has provided incomplete, outdated or false personal data.

5.5. The User must keep secret the credentials to access his/her personal area, assuming full and exclusive responsibility for them. The User will be solely responsible for any operation performed through his/her account. Any damage that may arise from the improper use of the credentials, including by third parties, will be the sole responsibility of the User, who hereby declares to indemnify and hold harmless the Company from any and all claims, including compensation for damages, connected, directly or indirectly, to the aforementioned use.

5.6. In the event that the User becomes aware of any unauthorized use of the access credentials, he/she must immediately notify the Company and promptly change his/her password by following the instructions provided by the password recovery system within the Web Portal.

5.7. The User warrants that all material submitted or uploaded to the Web Portal (“Material”)

(i) is legal and accurate,
(ii) complies with all laws, rules and regulations,
(iii) does not infringe any intellectual property right of use or of third parties,
(iv) is not defamatory, obscene, offensive, pornographic,
(v) is free of bugs or viruses and
(vi) it is not fraudulent.

The User acknowledges and agrees that the Company reserves the right to remove any Material from the Web Portal, if it believes that the User is violating the conditions set forth above.

5.8. The User grants the Company a worldwide, non-exclusive, irrevocable, and unrestricted license to use, publish, copy, modify, display, transmit and/or distribute the Material for any purpose (collectively, “Use of the Material”), provided that personal information will at all times be handled by the Company in accordance with applicable privacy laws.

 

6. Account Deletion by the User

6.1. The User may request the deletion of his/her account from the Web Portal at any time by following the instructions provided within the Web Portal.

 

7. Absence of business relationships

7.1. The Web Portal and its Contents are not intended to establish any form of commercial relationship between the User and the Company.

7.2. The Content on the Web Portal should not be construed as an offer, proposal or invitation to buy, transfer or negotiate anything by the Company, nor as an invitation to undertake any commercial operation.

 

8. Intellectual Property Rights

8.1. All intellectual property rights relating to the Web Portal and its Contents (including logos, trademarks, distinctive signs and layouts) are and remain the exclusive property of the Company. Under no circumstances do these Terms of Use or the use of the Web Portal and the Contents confer on the User any intellectual property rights over them. It is, therefore, prohibited for the User to reproduce, transform, distribute, publish, make available, extract, modify, use, resend and/or reuse in any other way, by any means or procedure, any Content of the Web Portal, except in the situations specified by these Terms of Use.

8.2. The User is granted a revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Web Portal and its Contents, limited to: (i) for applicants, personal and non-commercial use; (ii) for recruiters, use for recruitment purposes relating to candidates who have shared their information with the Company or through the Web Portal (i.e., inter alia, that recruiters who are not members of the Company may access such information and use it exclusively for specific job postings, without disclosing such information, copy portions of the database or use them to promote services to others); and (iii) except as provided (i) and (ii), solely for personal, non-commercial use.

8.3. Any software made available for download from this Web Portal is subject, to the extent there is an end user license agreement for such software, to the terms and conditions of such end user license agreement, excluding these Terms of Use. If, for any reason, there is no license agreement or such end user license agreement is unenforceable, the use of such software will be governed by these Terms of Use.

8.4. Any use of the Web Portal and the Content other than as provided for in this Section 8 (including publishing, viewing a page of the Web Portal, spamming, Denial of Service attacks, spidering, artificial intelligence, anything that may reduce the performance of the Web Portal, collecting, modifying, framing, transmission or distribution) (i) is not permitted without the prior approval of the Company, and (ii) may constitute an intellectual property right infringement and/or a criminal offense, and/or give rise to a claim for damages.

8.5. User agrees to comply with all instructions provided in connection with the Web Portal, as well as to comply with all applicable laws, rules, and regulations relating to its use of the Web Portal.

 

9. Processing of personal data

9.1. The Company undertakes to comply with all applicable local legislation regarding the protection and processing of personal data.

9.2. The Company undertakes to comply with all obligations relating to the protection and processing of personal data, including the collection and use of the User’s personal information, by adopting appropriate security measures.

 

10. Limitation of Liability

10.1. The Company expressly excludes any liability for errors and/or omissions in the Content and the Web Portal.

10.2. Where the Web Portal contains links to other websites and resources made available by third parties, such links and resources are intended to be provided for informational purposes only. The inclusion of any link does not imply endorsement by the Company of such third-party websites and the information contained therein.

10.3. The User acknowledges that the use of the Web Portal and the Contents is his/her sole and complete responsibility. Therefore, the Company will in no way be held liable in the event of delays, malfunctions and interruptions suffered by Users and/or third parties following and/or during the use and/or inability to use the Web Portal.

10.4. The Company shall in no way be liable for any injury, death, cost, direct, indirect or consequential damages (including, but not limited to, damages for economic loss, loss of profits/chances, business interruption or loss of information or any other economic loss) howsoever caused, arising out of or in connection with the use of or reliance on the Web Portal, including any computer virus. It is the User’s responsibility to use an anti-virus program while using this Web Portal.

10.5. The Users agrees to indemnify and hold harmless the Company from any and all costs, expenses, liabilities, injuries, damages, claims, demands, proceedings, including attorneys’ fees, that the Company may incur as a result of (i) any unlawful use of the Materials or (ii) any violation of these Terms of Use.

10.6. The Company shall in no way be liable for any failure to comply with the obligations arising from the Terms of Use in the event that such non-compliance is caused by unforeseeable circumstances and/or force majeure, breakdowns, overloads, even temporary interruptions of phone, electricity and network line operators, as well as by malfunctioning of services external to its servers and managed by third parties.

 

11. Applicable law and jurisdiction

11.1. The Terms of Use are subject exclusively to Dutch law.

11.2. Any dispute relating to the existence, interpretation, execution or validity of the Terms of Use, or any part thereof, and/or any dispute that may arise between the User and the Company, whether directly or indirectly related to the Web Portal, the Terms of Use, the use of the Web Portal, the Contents and the use of the Materials, shall be subject to the exclusive jurisdiction of the Court of Amsterdam.

 

12. Final provisions

12.1. The Terms of Use represent the entire agreement between the User and the Company in relation to the use of the Web Portal and its Contents.

12.2. If any provision of the Terms of Use is found to be illegal, invalid or unenforceable in any particular jurisdiction, this shall not affect the legality, validity or enforceability of the same provision in any other jurisdiction, or the legality, validity or enforceability of the other provisions of the Terms of Use.

12.3. Any waiver, express or implied, by the Company of any of the provisions of the Terms of Use and/or of any breach or default by the User, shall not constitute a final waiver and, in any event, shall not preclude the Company from subsequently enforcing the non-waived provisions of the Terms of Use or from acting in the event of subsequent violations or defaults by the User.

 

13. Contacts

13.1. Any requests for clarification in relation to the Terms of Use as well as any further information may be requested at the following email address:  nl.privacy@gigroup.com.