1. Website Operator : This website is controlled and operated by CoolTalent whose registered office is at Britselei 70,2000 Antwerpen (“CoolTalent B.V.B.A.”) Information or material submitted to this website is hosted and stored in a database on servers situated in The Netherlands. References to Group Companies are references to companies that are controlled, di-rectly or indirectly, by CoolTalent or are group companies of CoolTalent.
2.1 These terms and conditions are applicable to every legal relationship between CoolTalent and you which is related directly or indirectly to this website and the material contained therein or provided thereby (including design, layout, look, appearance, information, texts, graphics, images, trademarks, logo’s, product names and software; together hereinafter referred to as “Material” and this website and the Material hereinafter referred to as this “Website”).
2.2 CoolTalent grants you the right to access and use this Website subject to these terms and conditions. You agree to these terms and conditions by accessing or using this Website or continuing accessing or using this Website, including after changes have been made to this Website or these terms and conditions (pursuant to clause 2.4 below). Any terms which you desire to be applicable are hereby explicitly rejected.
2.3 Terms of business of CoolTalent or its Group Companies will apply to any introduction of a prospective employee to any organisation. Copies of these may be provided by or can otherwise be obtained directly from the relevant company.
2.4 CoolTalent reserves the right to and may, at any time and without prior notice, (i) terminate or limit such access and use, (ii) vary or amend this Website and these terms and conditions and (iii) charge and subsequently increase fees.
2.5 Any offers made by means of this Website may be revoked by CoolTalent, its Group companies, job offerors or recruiters both before and imme-diately after acceptance.
3. Use of Website
3.1 This Website is protected by intellectual property rights, including copyrights, database rights and trademark rights, and such rights are owned by CoolTalent, its licensors or contributors to this Website.
3.2 CoolTalent, its licensors and the contributors to this Website only grant you the revocable and non-exclusive right, which may not be sub-licensed or transferred, to use this Website solely for (i) in case of job seekers, personal, non-commercial use, (ii) in case of job offerors and recruiters, recruitment purposes relating to job seekers who provided information to or via this Website (meaning, among other things, that job offerors and recruiters other than CoolTalent or its Group Companies may only read such information and use it for a specific job proposal and not, among other things, make such information public, copy parts of the database or use it to bring your services to the attention of others) and (iii) in case you are not a job seeker, job offeror or recruiter, personal, non-commercial use (meaning, among other things, that job offerors or recruiters may not be approached for providing services by other means than the employ-ment relationship which they are seeking to have with a job seeker). The use of any software that may be made available to download from this Website is, insofar an end user license agreement accompanies is or is included with such software, subject to the terms and conditions of such end user license agreement with the exclusion of these terms and condi-tions. If, however, such end user license agreement is (for whatever rea-son) not applicable, the use of such software is subject to these terms and conditions.
3.3 Any use of this Website other than in accordance with clause 3.2 (in-cluding making public, copying other than per instance viewing of a page from the Website, spamming, denial of service attacks, automated searches, spidering, using intelligent agents, anything which may de-crease performance of the Website, harvesting, modifying, framing, transmitting or distributing) (i) is not permitted without prior approval from CoolTalent and (ii) may constitute to intellectual property right infringe-ment, be a criminal offence or give rise to claim for damages.
3.4 You will comply with all applicable laws, rules and regulations relating to your use of the Website. You will comply with all reasonable instruc-tions we give you relating to the Website.
3.5 You are responsible for use of the Website by any person using your password. You will ensure the confidentiality of your password and pre-vent any unauthorised person accessing the Website through the use of your password.
4. Your materials
4.1 You guarantee that all Material you submit, send, or upload to the Website (“Your Material”) (i) is legal, decent, honest and truthful, (ii) com-plies with all laws, rules and regulations, (iii) does not infringe intellectual property rights of use or any third party, (iv) is not subject to any duty of confidentiality and is non-proprietary, (v) is not defamatory, obscene, of-fensive, pornographic or otherwise objectionable, (vi) is free of bugs, worms or viruses and (vii) is not fraudulent, false, unreliable or misleading. You agree that CoolTalent or its Group Companies may remove Your Ma-terial from the Website if it deems that you are in breach of the foregoing sentence.
4.2 You grant CoolTalent a world-wide, non-exclusive, irrevocable and perpetual license to use, make public, copy, modify, display, frame, transmit or distribute Your Material for any purpose (together “Using Your Material”), it being understood that your personal information will always be held by CoolTalent in accordance with its privacy statement.
5. Reliance and relationships between visitors
5.1 This Website should not be relied on and does not constitute any form of advice or recommendation. Any arrangements made between you and any third party named or referred to on the Website are entirely at your sole risk and responsibility.
5.2 Nothing on this Website is intended to be nor should be construed as an offer to enter into a contractual relationship and CoolTalent makes no representation or warranty and is not responsible for you finding suitable employment or filling your vacancy.
This Website contains links to other websites and other websites may contain links to this Website. CoolTalent is not responsible or liable for such other websites or the availability of such links. Any link provided on this Website is provided as a convenience only and such links or websites linking to this Website are not intended to be, nor may be construed as, an endorsement of any kind by CoolTalent of those other websites.
7.1 No representation, warranty or condition, express or implied, statutory or otherwise, as to condition satisfactory quality, performance, fitness for purpose or otherwise is given by CoolTalent or its Group Companies in respect of the Website, including the Website (i) being compatible with all hardware and software which may be used by visitors to the Website, (ii) operating in accordance with your expectations, (iii) being error free, (iv) being accurate. All such representations, warranties and conditions are excluded except to the extent their exclusion is prohibited by law.
7.2 CoolTalent’s liability to you and your sole remedy vis-à-vis CoolTalent under or in connection with the Website (whether based on negligence, breach of contract, breach of statutory duty, restitution, tort or otherwise) shall be to take such actions reasonably required at CoolTalent’s discre-tion to remove or delete data entered in error or the subject of dispute, or correct data entered in error.
7.3 These terms and conditions do not exclude liability (if any) to you for personal injury or death resulting from negligence or fraud of CoolTalent or its Group Companies or for any matter which it would be illegal for CoolTalent or any such Group Company to exclude or to attempt to exclude its liability.
7.4 Except as set out in clause 7.3, each of CoolTalent and its Group Companies will not be liable to you whatsoever (whether based on negli-gence, breach of contract, breach of statutory duty, restitution, tort or oth-erwise) for any injury, death, cost, damage or direct, indirect or conse-quential loss (all three of which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) whether it was foreseeable or not, howsoever caused, arising out of or in connection with the use or relying on this Website, including as a result of any computer virus. It is your responsibility to run an anti-virus program when using this Website.
7.5 You agree to indemnify CoolTalent and its Group Companies and hold them harmless from and against any costs, expenses, liabilities, injuries, damages, claims, demands, proceedings or legal costs which CoolTalent or such Group Companies may suffer or incur in consequence of (i) Using Your Material or (ii) you being in breach of these terms and conditions.
CoolTalent’s privacy statement can be seen below. This privacy statement forms part of these terms and conditions and sets out our policy in relation to holding and using and processing information which CoolTalent may obtain from you in the course of you using this Website.
9. Jurisdiction and general
9.1 The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute which may arise out of or in connec-tion with (i) any legal relationship between CoolTalent and you which is related directly or indirectly to this Website, (ii) these terms and condi-tions, (iii) use of the Website or (iv) Use of Your Materials shall be governed by Dutch law and the competent court in Amsterdam shall have exclusive jurisdiction to settle any such disputes.
9.2 These terms and conditions (including the privacy statement referred to in clause 8) contain all the terms which you and CoolTalent have agreed in relation to the use of the Website.
9.3 If a provision of these terms and conditions is or becomes illegal, inva-lid or unenforceable in any jurisdiction, that will not affect (a) the legality, validity or enforceability in any other jurisdiction of that or any other provi-sions; or (b) the legality, validity or enforceability in that jurisdiction of any other provision of these terms and conditions.
9.4 A waiver (whether express or implied) by CoolTalent of any of the pro-visions of these terms and conditions or of any breach or default by the other of CoolTalent in performing any of these provisions will not constitute a continuing waiver and that waiver will not prevent CoolTalent from subsequently enforcing any of the provisions of these terms and conditions not waived or from acting on any subsequent breach or default by the other party under any of the provisions of these terms and conditions.
9.5 A person who is not a party to these terms and conditions has no rights to enforce, or to enjoy the benefit of, these terms and conditions. However, every Group Company shall be entitled to enforce and benefit from the provisions of the terms and conditions as if it were a party thereto. Also, every employee of CoolTalent or a Group Company, supplier, subcontractor or person/party for which CoolTalent or a Group Company is vicariously liable shall be entitled to benefit from the provisions of the terms and conditions as if it were a party thereto. For further information, please see about us.