Article 1: Definitions
In these General Terms and Conditions, the terms included in this article are used with a capital letter. These terms mean the following:
- Amazic Match Platform
- The platform offered by the Amazic Match on which Candidates and Employers can present themselves and find each other in an easy way, partly based on a unique system of profiles.
- Terms and Conditions
- These terms and conditions, regardless of the form in which they are made known.
- A credit or package purchased by the Client that provides access under certain conditions to services offered by Amazic Match in order to present oneself and/or get in touch with a candidate via Amazic Match.
- The services offered by the Amazic Match platform, such as, among other things, posting vacancies online, as well as gaining access or viewing the CV database and profiles created by Amazic Match and all other services that are the subject of any offer, quotation, agreement or other legal act in the relationship between Amazic Match and Client with regard to Amazic Match Services.
- The Candidates, the Client and any other natural or legal person who uses (the Services of Amazic Match as offered on) the Site.
- Amazic Match
- Amazic BV, the provider of the Amazic Match platform that is provided under these General Terms and Conditions, located at Luzernestraat 15, 2153 GM in Nieuw-Vennep, Netherlands, registered under Chamber of Commerce number 34209232 and hereinafter referred to as Amazic Match.
- Client / Employer
- The natural or legal person with whom an Agreement is concluded, such as, for example, by way of a Match credit / Match package and who uses the Amazic Match platform as offered on the Site, among other things.
- The agreement between the Client and Amazic Match on the basis of which Amazic Match makes Service(s) available to the Client.
- The portal through which Amazic Match offers (part of) its services and which is accessible through match.amazic.com.
- Job Seeker / Candidate
- The natural person who places his/her CV online and/or otherwise uses the Services of the Amazic Match platform, such as those offered on the Site.
Article 2: General
The General Terms and Conditions apply to the access to and use of the Site by Users, the provision of Services by Amazic Match to its Client, respectively legal successors of the Client, whether or not laid down in offers, quotations, Agreements of Amazic Match or arising from other possible legal acts between Amazic Match and its Client, respectively its legal successor.
Any deviations from the General Terms and Conditions proposed by the User are only valid if they have been expressly agreed in writing or electronically by Amazic Match and the User.
Amazic Match has the right to change or supplement the General Terms and Conditions at any time.
The parties expressly reject the applicability of any general terms and conditions of the Client.
Once these General Terms and Conditions have applied to a legal relationship between Amazic Match and the Client, the Client is deemed to have agreed in advance to the applicability of the General Terms and Conditions to Agreements concluded and to be concluded afterwards, including amendments and additions to the General Terms and Conditions.
If and insofar as any provision of the General Terms and Conditions is declared null and void, the other provisions of the General Terms and Conditions will remain in full force and effect. Amazic Match will then determine a new provision to replace the void/nullified provision, whereby the intent of the void/nullified provision will be taken into account as much as possible.
In the event of a conflict between provisions of an Agreement and the General Terms and Conditions, the former provisions shall prevail.
Article 3: Quotations/Agreement
All quotations, including offers, from Amazic Match are without obligation, unless expressly stated otherwise.
Orders from the Client are only binding for Amazic Match after the order has been confirmed by Amazic Match by e-mail, or after Amazic Match has made it known that it has started the execution of the Agreement.
Article 4 Position Amazic Match
Amazic Match tries to bring job seekers (Candidates) and employers and/or intermediaries (Employers) together. However, Amazic Match is never a party to any agreement concluded between such parties by using the services of Amazic Match.
Article 5 Client data/login account
If the User wishes to use the Site and other Services as a Client, it guarantees that all data, including, but not limited to, company details and bank details, that must be provided to Amazic Match for the execution of the Agreement are complete, correct and current. to be. In addition, the Client guarantees that it is (legally) authorized to use the Site and to purchase the Services.
The client must ensure that the description of the vacancy and/or information posted by him corresponds to reality and is therefore correct, complete and current and meets the requirements of Amazic Match. The Client may only post existing, concrete and open vacancies on the Site at the time of posting. The Client may not refer in the posted vacancy to other vacancies that are not listed on the Site. By posting the vacancy and/or company information, the Client gives Amazic Match permission to place this information on the Site or otherwise use it for the provision of Services.
The Client guarantees that the vacancy and/or company information it has posted does not infringe the (intellectual property) rights of third parties.
Amazic Match reserves the right to shorten, change, refuse or remove (the texts of) vacancies and/or company information (including photo and/or video material) from the Site if this is in the opinion of Amazic Match is necessary or desirable, without this in any way leading to any right of the Client to compensation and/or restitution. Removal may take place in the following cases, among others:
* the vacancy and/or company information is incorrect, incomplete, not current, non-existent and/or not concrete;
* Client has placed a CV on the Site; * the vacancy contains a reference to other vacancies not listed on the Site;
* the vacancy and/or company information infringes the (intellectual property) rights of third parties or is otherwise unlawful towards third parties; * the vacancy and/or company information is contrary to the legislation and regulations applicable in the Netherlands, including, but not limited to, the Dutch Advertising Code or the NVP application code * contrary to public order or decency.
The login details provided by Amazic Match are Client-bound and non-transferable. A login account within the Client's own organization is linked to a department.
The client must handle the login details provided by Amazic Match with care. If the user has forgotten his details, he must follow the instructions that are stated when logging in incorrectly. In the event of theft of data, the User must immediately report this via email@example.com.
Article 6: Candidate data
If the User wishes to use the Site as a Candidate, Candidate must ensure that his details, including but not limited to name, address and place of residence and all information relating to his CV, are complete, correct and current. Assignment is personal. Submission for others is therefore not allowed. The information provided by Candidate in its CV and profile must be relevant and consistent with the purpose of the Site. In addition, Candidate guarantees that he is of legal age and is authorized to declare and use the Site.
Amazic Match reserves the right to shorten or change the texts of the CVs posted. Amazic Match also reserves the right to remove CVs from the Site in the event that the contents of the CV see also 6.1 infringe the rights of third parties, including but not limited to intellectual property rights.
Article 7: Scope of right of use to inspect CV and vacancy database
If the Client has obtained access or perusal in the CV database created by Amazic Match, the following paragraphs of this article apply.
The client acknowledges that Amazic Match is the producer of the vacancy and CV database within the meaning of the Database Act and is the copyright owner of the vacancy and CV database.
The Client may only use the vacancy and CV database within and for its own company with the aim of recruiting new employees for its company, only insofar as this is permitted under the Database Act and other applicable legal rules.
The Client may not make data files from the vacancy and/or CV database or parts thereof public and not copy or otherwise reproduce, modify or make available to third parties in any way, download and store them in its own database or on its own computer system. save, except insofar as it has obtained prior written permission from Amazic Match.
The Client may only use data files from the CV database, or parts thereof, with a view to filling a concrete, suitable vacancy open at the time of use of the CV database and only insofar as the data files from the CV database , or parts thereof, reasonably match this specific vacancy.
The User is not allowed to make improper use of the Services of Amazic Match. This means, among other things, that the User is not permitted to use any software and/or hardware tools and solutions (in-house or made available by third parties), insofar as these are aimed at copying data, or to spider, scrape, search, or otherwise improperly use and/or access the job vacancy database and CV database in any other way.
Article 8: Intellectual property rights
The (intellectual property) rights with regard to the Site, including the copyrights to the texts, images, design, photos and other (still and/or moving) visual material, sound material, formats, software and other materials, the database rights and trademark rights (including domain names) are owned by Amazic Match or its licensors with the exception of materials provided by User in connection with the posting of a resume, job vacancy and/or company information.
The User is not allowed to make the Site or any content thereof available in any way whatsoever to third parties, to reproduce, distribute, transmit or otherwise reproduce or in any way in any other way, without the prior written permission of Amazic Match. document or other material.
This means, among other things, that the User is not allowed to request and reuse a (substantial) part of the contents of the job vacancy database and the CV database, to download it to its own database, or computer system and/or non-essential parts of the contents of the database repeatedly and systematically to request and reuse within the meaning of the Database Act.
Any copies that User makes of (a part of) the Site - to the extent permitted - must retain all copyright and other (intellectual property) rights that appear on the original download or printout.
Article 9: Spam/harvesting
The use of (personal) data of third parties that have been made public by them via the Site, including, but not limited to, e-mail addresses of Candidate(s) and Clients, is only permitted for the purpose of filling a concrete, open and suitable vacancy. Under no circumstances is it permitted to process the (personal) data for any other purpose, which means, among other things, that it is prohibited:
* The (unsolicited) organization of any form of commercial communication by e-mail, fax, SMS, MMS, post or otherwise with Candidate(s), at least the direct or indirect promotion of the goods, services or the image of a company, organization or person insofar as this does not relate to filling a specific vacancy;
* the (unsolicited) organization of any form of commercial communication by e-mail, fax, SMS, MMS, post or otherwise with an employer/intermediary, at least the direct or indirect promotion of the goods, services or the image of a company, organization or person, regardless of whether these products or services (indirectly) relate to filling a vacancy;
* any other form of unsolicited communication;
* collect e-mail addresses of Clients and/or Candidates for whatever reason.
If the User acts (partially) in violation of the provisions of this article, the User will forfeit, without further warning or notice of default and without judicial intervention being required, an immediately due and payable fine of EUR 5,000 (five thousand euros) per event, whereby the use of a (personal) data counts as 1 event, without prejudice to the right of Amazic Match to claim compensation and/or compliance.
Article 10: Exclusion
Amazic Match reserves the right to exclude the User from any further use of the Site and to dissolve the Agreement with the Client if the User acts in any way contrary to these General Terms and Conditions, any provision of Dutch law or with the netiquette used by the User. on the internet, without prejudice to the right of Amazic Match to take further legal action against the User and to claim compensation.
Amounts that Amazic Match has invoiced before the dissolution in connection with what it has already performed or delivered for the execution of the Agreement, will remain due in full with due observance of the provisions of the previous sentence and will become immediately due and payable at the time of the dissolution.
Article 11: Confidentiality
The Client acknowledges that in the context of this agreement it will have access to confidential data from Candidates and/or Amazic Match. The Client undertakes to maintain the confidentiality of these confidential data towards both Candidate and Amazic Match. The Client will at all times treat this information confidentially and will not make it public and/or reproduce it without the prior express written consent of the relevant Candidate or Amazic Match. Confidential information within the meaning of this article also includes all personal data included in the CV database.
Article 12: Force majeure
Neither Party is obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure. Force majeure also includes a non-attributable shortcoming on the part of Amazic Match and/or other third parties that Amazic Match uses.
Article 13: Maintenance
Amazic Match is entitled to (temporarily) put its system out of use or to limit its use in case this is necessary for the maintenance or adjustment of (parts of) the Site, without this entailing any right of the User to compensation towards Amazic Match. arises.
Article 14: Warranty
Amazic Match has compiled the content of the Site with the greatest possible care. However, Amazic Match does not guarantee:
* that the Candidate is authorized to conclude any agreement with the Client;
* that the information on the Site is correct, complete and current, including the (personal) information provided by Candidate, including CVs;
* that the Candidate will actually enter into an agreement with the Client;
* that the Site will operate uninterrupted and be free from errors; and,
* that Amazic Match's systems are free from unauthorized use by third parties.
Article 15: Duty to investigate
When posting the vacancies and/or company information, the Client is obliged to investigate whether this information corresponds to the Agreement. If this is not the case, the Client has the obligation to correct this immediately, in any case within 3 days after the posting of the relevant vacancy and/or company information.
If the placed advertisement and/or company information does not comply with the Agreement, Amazic Match may be requested to carry out this repair or change of the (text of the) advertisement and/or company information or replace the placed advertisement and/or company information. Amazic Match will charge costs for this.
Article 16: Liability
The total liability of Amazic Match for direct damage due to attributable shortcomings in the fulfillment of the Agreement is limited to the amount that the Client has paid to Amazic Match for the Agreement concerned, with a maximum of 5000 euros.
Amazic Match is never liable for indirect damage, including consequential damage, lost profit, lost savings, damage due to business interruption and damage due to loss of data.
Amazic Match also excludes any liability for any damage whatsoever, direct and/or indirect, in any way caused by and/or resulting from the use of the Site and/or the Services by the User. More in particular, Amazic Match will in no way be liable for any damage whatsoever, arising in any way from and/or arising from:
* Actions performed by the Client, such as concluding an agreement, that would have been prompted by information placed on the Site;
* The inability to use (parts of) the Site, including but not limited to photo clips and/or videos; the fact that certain information on the Site is incorrect, incomplete or not current;
* The unauthorized use of Amazic Match's systems, including the Site, by a third party.
The limitations of liability for direct and/or indirect damage included in these terms and conditions do not apply in cases where the damage is due to intent or gross negligence on the part of Amazic Match or its subordinates.
Article 17: Indemnification
User fully indemnifies Amazic Match against all possible claims from third parties in any way arising from and/or related to the use by User of the Site or with CVs, vacancies and/or company information posted by him on the Site, including any claim which is based on the allegation that the relevant CV, vacancy and/or company information infringes the intellectual property rights of third parties.
Article 18: References
The Site contains references (for example by means of a hyperlink, banner or button) to websites of third parties. Amazic Match has no control over these websites. Amazic Match is not responsible for the content of these websites.
Article 19: Security
Amazic Match makes every reasonable effort to protect its systems against loss and/or against any form of unlawful use. Amazic Match implements appropriate technical and organizational measures for this, taking into account, among other things, the state of the art.
Article 20: Payment terms
The Client must pay the amount owed for the Services of the Amazic Match platform in advance, by credit card, with Ideal or other options offered on the Site.
All prices, including those on the Site, are exclusive of VAT.
If any payment term is exceeded, Amazic Match is entitled to charge interest in accordance with the rate established by law. The Client owes this interest only if the payment term is exceeded, without the need for a reminder or notice of default. In addition, Amazic Match is entitled to suspend the execution of the Agreement as long as the Client has not fulfilled the relevant payment obligation.
If Amazic Match is forced to request legal assistance for the collection of amounts owed to it, all costs incurred for this, both extrajudicial and judicial, will be reimbursed by the relevant Client to Amazic Match.
If the Client pays the (part) amount owed for the Services via monthly direct debit, the Client must ensure that there is sufficient bank/giro balance around the agreed collection date. In the absence of payment on the due date, the Client will be in default by operation of law, therefore without further notice of default being required. In that case, the total claim of Amazic Match, also of invoices whose due date has not yet expired, is immediately due and payable.
Artikel 21 Zekerheid
If there are good reasons to doubt the fact that the Client will not fulfill its obligations on time and/or fully, the Client is obliged to provide security at the first request of Amazic Match in the form desired by Amazic Match.
If the Client does not comply with the request referred to in the previous paragraph within 14 days, Amazic Match is entitled to suspend the execution of the Agreement as long as the Client has not complied with the request.
Article 22: Duration and (premature) termination
Each Agreement is entered into for the specified period and under the applicable conditions. Premature termination is not possible, with the exception of the cases mentioned in art. 22.2 and 22.4.
Each of the parties also has the right to dissolve the Agreement if the other party, even after a proper and as detailed as possible, written notice of default, stating a reasonable term for remedying the shortcoming, continues to fail imputably in the fulfillment of obligations under the Agreement.
If the Client at the time of the dissolution as referred to in art. 21.2 has already received performances for the execution of the Agreement, these performances and the related payment obligations will not be subject to cancellation, unless Amazic Match is in default with regard to those performances.
In the event that one (1) of the parties becomes bankrupt, applies for a moratorium or ceases operations, the other party has the right to terminate the Agreement without notice, all while retaining its rights.
Article 23: Privacy
The Client is fully aware that the data files consulted and used by him via the Site contain personal data. The Client is obliged to comply with its obligations under the relevant (privacy) legislation. Amazic Match is never liable for the violation by the Client of the legal rules regarding the use of personal data.
Article 24: Miscellaneous
These General Terms and Conditions are exclusively governed by Dutch law.
Any disputes will be submitted to the competent court in Amsterdam.
The General Terms and Conditions can be amended by Amazic Match at any time. Amazic Match therefore recommends that you regularly review the Terms and Conditions on the Site.