Terms of Use of 8vance B.V.

1) Applicability and Object

1. The following terms of use apply to the software and all related services offered by 8vance B.V. (‘8vance’), a matching platform connecting you with our corporate partner offering jobs (‘8vance Services’). These terms of use (‘Terms’) shall define the terms which the user, you (‘you’ or ‘your’) will have to apply using the 8vance Services, independent of the location where they will be accessed (i.e. in the Netherlands or outside).
2. By registering with 8vance and thus obtaining the right to use 8vance Services, you explicitly state to have read and understood these Terms and to have agreed to the application of these Terms. In case you do not agree, registering is impossible and you will be unable to use 8vance Services. Persons under the age of 18 are not authorised to use 8vance Services.

2) Terms of Use of 8vance Services

1. Description

8vance Services is a platform enabling companies (‘Corporate Partners’) to post and screen job offers with selected users. It provides a tool to match candidate profiles with vacancies far more productively and comprehensively as opposed to conventional recruiting. Our Services enable Corporate Partners to actively streamline their recruitment processes and select candidates in a leaner, quicker and more targeted way.

For you as a user, 8vance Services offer the opportunity to present yourself in close cooperation with our Corporate Partner HRM Services and recruiters. You will be able to apply more in-depth and beyond sending mere CVs. However, please keep in mind that 8vance Services are an added facility increasing your chance to successful application; we cannot offer any job guarantee.

a) Registration

In order to use 8vance Services, you will have to register using a personal username and password.

b) Own Profile

Next you will be invited to add various data and answer a few questions in order to generate a clear and structured personal profile.

c) Job Details

You will be asked to answer some questions about your ideal job or vacancy.

d) Job application

After completing your profile, matching vacancies will be automatically generated and presented in a graphical overview. Should you be interested in one of these vacancies, you will be invited to indicate interest. You will be able to immediately show your interest with the button ‘I am interested’ and apply via the button “apply”. The Apply button will only be available for vacancies of Corporate Partners but not for vacancies from other platforms available in the 8vance Service, where you will be directed to the original source.

e) Corporate Partners

Corporate Partners will use this system to publish internal vacancies and to match candidate profiles. In case your profile has a match higher than 20% with a vacancy the Corporate Partners, who owns the vacancy has access to your personal data, viewing your full profile data will be possible.

2. Your Obligations

a) You are personally responsible for the content of your profile.

b) Registration confirms you obtained license from the owners of copyright, service protection and other rights required. You confirm to possess all legal rights for publication of pictures, documents, information and data made available on our website. You must confirm that all data used for 8vance Services are true and correct.

c) You will use 8vance Services in a legal manner. You are not allowed to post or make available any sexual, pornographic, immoral, overtly political or illegal content in any communication. You are not allowed 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 secure and legal manner.

e) You are obliged to treat e-mails and any messages or other user data received in connection with 8vance Services and the platforms provided by 8vance confidentially. You will not make them accessible or available to third parties without the consent of the originator.

f) You will use 8vance Services only to present yourself and to apply for jobs published by our Corporate Partners and will not exploit usership in any manner, unless previously and explicitly agreed between you and 8vance.

g) You will refrain from any action that might negatively impact 8vance Services’ functionality and infrastructure or cause system overload.

3. Violation against these Terms

a) 8vance is allowed to use any techniques available to check whether personal profiles are in compliance with these Terms.

b) Violation of these Terms will result in blockage or deletion of your account in its entirety and immediately terminate your licence. You will not be allowed to continue using 8vance Services.

c) Posting of illegal content will result in deletion without prior notice. In case of tort or damages, 8vance may forward your personal data to responsible authorities. 8vance assumes no joint liability for profile content or any communication.

d) 8vance reserves the right to assert claims for compensation as a result of breaches of these Terms and other legal offences.

3) Availability

1. 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 previous notice. Nevertheless, either 8vance or our Corporate Partner will take all reasonable effort to provide information in case your application will not be further processed. Please note that 8vance is not liable to you or third parties concerning change, interruption or discontinuation of personal or all 8vance Services.
2. 8vance will make reasonable effort to assure maximum possible server availability. However, please be advised 8vance cannot guarantee 100% availability.

4) Copyright and other protective rights

1. All 8vance content is protected by copyright. Unauthorised copying of content and publication is not allowed and will result in legal action and cessation of 8vance Services.
2. Registration according to par. 2 section 1a (see above), does not constitute any transfer of title or usage rights, licences or other rights to user. All rights to codes, titles, brands, trademarks, copyrights and other commercial rights held by 8vance remain with 8vance without restriction, except your personal right to use 8vance Services during the time of registration.
3. 8vance reserves all rights to their matching technology and databases. It is therefore forbidden to block, modify or copy (parts of) 8vance websites, databases or technologies. you are only allowed to use platform and 8vance Services in accordance with these Terms.

5) Data Protection

You explicitly agree our data protection policy as outlined here.

6) Warranty

1. You are aware it is impossible to develop software which is entirely error-free. 8vance will make every effort to prevent or remove flaws. 8vance will try to correct and improve 8vance software as soon as a comprehensive description of flaws has been received.
2. 8vance cannot provide any warranty in case an error cannot be traced, reproduced or proven based on computer readouts.
3. Concerning data used, 8vance is can only be held responsible for usage of virus-free data using conventional anti-virus software. Any extended liability regarding errors or damages due to viruses is excluded.
4. You are not entitled to any claims in case you fail to comply with your obligations as stipulated in these Terms.

7) Limitation of Liability

1. Irrespective of the legal basis, 8vance’s liability is limited to damages caused intentionally or due to gross negligence. However, this limitation does not apply to any injury or harm to life, body or health or, to a breach of major obligations.
2. Where 8vance is liable as a result of simple negligence, a compensation claim shall be limited to such damage as must be reasonably expected and to maximum monetary compensation of € 2000.
3. Claims for consequential damage, especially damage to hardware, software, or damage incurred due to data loss of user or loss of profit shall be completely excluded.
4. If and to the extent 8vance’s liability is excluded or limited, such exclusion shall also apply to any personal liability of 8vance’s employees, job holders, workers, representatives and agents.
5. It is understood that all job offers are published by our Corporate Partners; 8vance is neither liable for any legality or any content of these job offers nor for any kind of ensuing damage.
6. 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.
7. 8vance excludes any guarantee for 8vance Services or functionality of their website and cannot be held responsible for correctness, suitability, reliability, punctuality or precision of content.
8. If its website and/or the functionality of the 8vance Service is impaired, interrupted or unavailable as a result of force majeure, strike, lockout, operational disruption or structural damage, 8vance will not be liable.
9. 8vance’s liability for unauthorised, non-purposeful obtainment of knowledge of personal user data by third parties (e.g. through unauthorised access by ‘hacking’) or information provided by the users themselves to third parties, e.g. by making available a password shall be excluded.
10. Please be informed that 8vance will not be liable for any content provided by you or any other users of the 8vance Service.
11. 8vance shall not be liable for any damages to your computer systems, or offences or damages to you caused by Corporate Partners.

8) Changes to these Terms

1. 8vance reserves the right to redesign, amend or change these Terms.
2. 8vance will inform you as much as possible and in a timely manner of changes to these Terms.
3. If you do not object to a change within a term – and you must notify within two two weeks after the day following any notification has been received – 8vance will have the right to assume you approve to changes.
4. You must approve to the most recent version of these Terms. Should you not agree and/or fail to notify as mentioned in section 2, 8vance reserves the right to terminate your license and you will be unable to use any 8vance Services.

9) Other Terms

1. 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.
2. However, if you continue to use the 8vance Service, using a different identity or if you try to enter into any future licence contract with 8vance, 8vance reserves all rights to take any legal action.
3. You agree that all communication with the 8vance Services staff or management is e-mail, unless defined otherwise by law.
4. The contractual relationship between you and 8vance hall be governed by Dutch law under the exclusion of UN law on the sale of goods, with the provision that 8vance proprietary rights are protected by the local applicable law around the world.
5. As far as legally allowed, the exclusive venue for all disputes arising from this contract shall be Venlo, Netherlands.
6. Should single provisions of this contract be or prove to be invalid, the binding force and effectiveness of all other provisions of this contract shall remain unaffected.

This version is dated: November 2019