Applicability and object of the terms and conditions
- By registering with 8vance and thus obtaining the right to use the 8vance Service, You are making a binding declaration that You have read and understood these Terms and have agreed on the application of these Terms. In case You do not agree to the application of the Terms, You shall not register on the 8vance platform and shall therefore be forbidden from using the 8vance Service. Persons under the age of 18 are also not authorised to use the 8vance Service.
8vance Service is a platform that enables companies (“Corporate Partner”) to post job offers and to match candidate profiles with their jobs in a very comprehensive way. Herewith it helps our Corporate Partner to ease its recruitment process and to take quicker and more profound decisions.
For You 8vance Service gives the opportunity to present Yourself in a wider scale beyond sending in the standard CV. However, it is pointed out that 8vance Service does not include finding jobs.
- a) Registration
To make use of 8vance Service You first have to register Yourself with a user name and a password. You can do this either directly with us or by using the login process via facebook.com or LinkedIn.com with your login data of these social networks.
- b) Own Profile
In a second step You are asked to add various data and to answer questions to generate Your profile and to present Yourself.
- c) Job Details
Now You are asked to answer some questions about Your desired type of job.
- d) Corporate Partner
Our Corporate Partner will use the system to publish its job offers and to match the profile of candidates with it. The first matching process will be conducted with anonymised profiles and the Corporate Partner will decide on the profiles he wishes to view completely. In case the Corporate Partner asks to view Your full profile You will be asked to agree to the publication. Only and as far as You agree to give the Corporate Partner access to Your data the Corporate Partner will be able to view and download Your profile and desired job data.
- e) Find Your Twin
8vance strives for high quality and best user experience. To assure this, 8vance decided to test its new platform with an 8vance Beta version “Find your twin” (“Find Your Twin”). Find Your Twin has – different to the final version of our website and service – no job postings inside and therefore the process described in section 2 number 1e will not be executed. You are asked to register and to fill in Your profile. Thereafter You are going to receive a genuine talent report but for test purposes we match the participants with each other and not with jobs. You can see in the smart view if You are unique or You maybe have one or more twins. All Your data stays confidential and you can choose to be visible by name or not. All the collected data (Login Data, Personal Information and General Data) on this website will be deleted after the test unless you request us to keep the data.
2) Your Obligations
a) You are solely responsible for the content of your profile.
b) By registering, You confirm that You have obtained licenses from the owners of copyright, service protection and other rights required or possesses all necessary rights for publication of the photos, documents, information and data made available by You on Our website. You further confirm that all data included in the 8vance Service are true and correct.
c) You undertake to use the 8vance Service in a legal manner. You are therefore not permitted to put or make available in any way any sexual, pornographic, immoral, politically radical or other illegal content on the profiles or in any communication. You are also not permitted to create profiles for third parties or to infringe any third party rights.
d) You undertake to protect and to keep your password confidential and to use it in a legal manner.
e) You are obliged to treat e-mails and other messages or other user data received in connection with the use of the 8vance Service and the platform provided by 8vance confidential and shall not make them accessible or available to third parties without the consent of their originator.
f) You may use the 8vance Service only to present Yourself and to apply for the job (s) offered by our Corporate Partner but not use or exploit it in any other way, unless You and 8vance explicitly agreed upon further services by 8vance.
g) You must refrain from any action that could negatively impact the 8vance functionality and infrastructure, particularly causing system overload.
3) Violation against these Terms
a) 8vance may use the techniques available to it to check that profiles are complying with these Terms.
b) If You breach these Terms, 8vance may block your access or delete Your respective entry or account in its entirety and terminate the licence contract with immediate effect and thus prohibit any further use of the 8vance Service.
c) In case of any illegal content, 8vance is entitled to delete it without prior notice. In case of tort by You 8vance may forward Your respective personal data to the respective law enforcement authorities. However, 8vance assumes in no way any joint liability for the content of the profiles or the communication.
d) 8vance reserves the right to assert claims for compensation as a result of breaches of these Terms and other legal offences.
- 8vance reserves all rights to update, change, interrupt or discontinue in any way all or individual features of the 8vance Service either temporarily or permanently with or without rendering a notice to You. Nevertheless, either 8vance or our Corporate Partner will take all reasonable effort to inform you in case your application will not be further processed.You confirm You are in agreement that 8vance is not liable to You or third parties with respect to changes, interruptions or the discontinuation of individual or all Services.
- 8vance will make reasonable effort to assure the maximum possible server availability. However, it is explicitly stated that 8vance cannot guarantee 100 % availability.
5) Copyright and other protective rights
- All 8vance content is protected by copyright. Copying of content and publishing it elsewhere shall be forbidden without the prior written consent from 8vance.
- Registration in accordance with paragraph 2 section 1a, in no way constitutes a transfer of title or usage rights, licences or other rights to the user. All rights to codes, titles, brands, trademarks, copyrights and other commercial rights held by 8vance remain with 8vance without restriction, except the right to use the 8vance Service in the given way during the time of registration.
- 8vance further remains all rights in its matching technology and databases. It is therefore strictly forbidden to block, modify or copy any of 8vance websites, databases or technologies. However, You may use the platform or Service provided by 8vance during the time of Your correct registration
6) Data protection
- You agree that it is impossible to develop software in such a way that they are error-free for all application conditions. 8vance shall make every effort to remove faults in 8vance Service as soon as You notify us of such a fault, giving a comprehensive description of its nature.
- The warranty is excluded if You cannot reproduce the error or prove it based on computer readouts.
- With respect to the data used, 8vance is only responsible for checking that the data used is free of viruses using conventional anti-virus software. Any further-reaching liability for freedom from viruses is excluded.
- You are not entitled to any claims from this warranty if the cause of the defect relates to the fact that You have failed to comply with Your obligations.
8) Limitation of liability
- Irrespective of the legal basis, 8vance’s liability is limited to damage caused by intention or gross negligence. However, this limitation on liability does not apply for any injury or harm to life, body or health, to the breach of major obligations and to claims arising under the Product Liability Act.
- Where 8vance is liable as a result of simple negligence, the compensation claim shall be limited to such damage as it must typically be expected and to a total compensation claim of € 2000.
- Claims for consequential damage, especially damage to hardware, software, or damage incurred due to data loss of the user or lost profit shall be completely excluded.
- If and to the extent 8vance’s liability is excluded or limited, such exclusion shall also apply to the personal liability of 8vance’s employees, job holders, workers, representatives and agents.
- It is understood that all job offers are published by our Corporate Partner and 8vance is neither liable for any legality or correctness of these job offers nor for any kind of damage caused by these.
- It is agreed that the current state of technology cannot rule out errors in the program, even if great care is taken, and that uninterrupted, error-free operation and the complete removal of program errors cannot be guaranteed.
- 8vance excludes any guarantee for the 8vance Service and the functionality of the website and makes no undertakings with respect to the correctness, suitability, reliability, punctuality or precision of the information contained therein.
- If its website and/or the functionality of the 8vance Service is hampered, interrupted or destroyed as a result of force majeure, strike, lockout, operational disruption or structural damage emanating from outside 8vance’s liability shall be excluded.
- 8vance’s liability for unauthorised, non-purposeful obtainment of knowledge of personal user data by third parties (e.g. through unauthorised access by ‘hackers’ into the 8vance Service database) or information provided by the user himself to third parties, e.g. by giving out his password, which is then abused by third parties, shall be excluded.
- 8vance’s liability for any delay, deletion, accidental transfer or memory failure in the communication between You and our Corporate Partner shall be excluded.
- 8vance also draws attention to the fact that it explicitly shall not be liable for any content provided by You or any other users of the 8vance Service.
- 8vance shall not be liable for any damages to Your computer systems, or offences or damages to You caused by our Corporate Partner.
9) Changes to the Terms
- 8vance reserves the right to redesign, amend or change the Terms.
- 8vance will inform You in a timely manner of changes to the Terms. If You do not object to the change within a period of two weeks, starting on the day following the day the notification of the change has been received, then the amended Terms are approved by You. If You do not agree to the change, 8vance reserves the right to terminate the agreement with immediate effect and You can no longer use the 8vance Service.
10) Other terms
- 8vance may exclude You from further use of individual or all features of the 8vance Service or reject individual profiles without observing a notice period or quoting reasons.
- However, if You are still using the 8vance Service, e.g. using a different identity or attempts to conclude a licence contract with 8vance in this way, 8vance reserves all rights to take any legal action.
- You agree that all communication in connection with the 8vance Service is done by Email, unless it is defined otherwise by law.
- The contractual relationship between 8vance and You shall be governed by Dutch law under the exclusion of UN law on the sale of goods, with the condition that 8vance’s proprietary rights are protected by the local applicable law around the world.
- To the extent legally permissible, the exclusive venue for all disputes arising from this contract shall be Venlo, The Netherlands.
- Should single provisions of this contract be or prove to be invalid, the binding force and effectiveness of the other provisions of this contract shall remain unaffected.
Venlo, October 2013.