- Intellectual Property Rights: (non-exhaustive list) patents, trademarks, copyrights, rights in software and computer programs (both in object code and source code), design rights, database rights, platforms, applications, algorithms and methodology pertaining thereto, proprietary rights in know-how, business names, trade names, rights in confidential information (including without limitation know-how and trade secrets) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of the afore listed which may subsist anywhere in the world, and any other intellectual or industrial property rights in any country and any existing or future applications for or registrations of such rights.
- Intermediary: the legal entity or association lawfully using the Services, for the Purpose and free of charge.
- Jobseeker: the student or candidate lawfully using the SaaS and/or Services, for the Purpose and free of charge.
- Purpose: the facilitation of matchmaking between Jobseekers and potential employers or the support of this purpose as an Intermediary.
- SaaS: the proprietary software as a service “We fynd”, developed and owned by We fynd, including all related Services, application and database software, system and server software, technologies, dashboards, functionalities, databases, designs, tools, other software components, data, APIs and any other components or Services, and available via the Website.
- Services: professional services related to the SaaS provided by We fynd as described in the Offer or as otherwise mutually agreed in writing.
- Website https://www.wefynd.com.
- We fynd: We fynd BV, a limited liability company with registered office at Kipdorp 49, 2000 Antwerp, Belgium, and with company number 0654.979.335.
Article 1: General Scope
The Terms are applicable to Your use of the SaaS and describe Your rights and obligations with regard to the SaaS and its related Services.
You must be eighteen (18) years or older to accept these Terms and use the SaaS.
Article 2: License grant
We fynd grants you a revocable, non-exclusive, non-transferable, limited license (without the right to sub-license) to access and use the SaaS, and, where applicable, download and install the SaaS on your mobile device (via an app store where We fynd may make the SaaS available for download), strictly in accordance with these Terms. This license is granted to you solely for the Purpose, and may not be used for any other purposes.
Article 3: Use of the SaaS
You can only use the SaaS after registration of your account. Please contact us if you encounter any issues during the registration process or if you have any questions regarding your registration. Your account is personal and you must keep your account details (such as your username and password) safe. Do not disclose them to third parties. You must create a strong and secure password and choose a proper username that is not offensive or vulgar and does not infringe any rights of third parties or otherwise violate these Terms.
While using the SaaS, you are obliged to (i) comply with these Terms and with any applicable local, national or international regulations and (ii) use the SaaS only in accordance with the Purpose; you may not (directly or indirectly):
- use the SaaS in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
- act fraudulently or maliciously (for example, by hacking into the SaaS or inserting malicious code, such as viruses or harmful data, into the SaaS or any operating system);
- use the SaaS to distribute any form of spam or unwanted commercial and non-commercial information;
- violate privacy and data protection rights of others or try to collect personal data of others either manually or automatically by using a ‘robot’, ‘spider’, ‘crawler’, search or retrieval applications, or by using any other (automatic) tools, processes or methods to access the SaaS and any data or information;
- use the SaaS in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with others;
- collect or harvest any information or data from the SaaS or our systems or attempt to decipher any transmissions to or from the servers running the SaaS;
- impersonate as another person or entity;
- try to access an account from another person;
- distribute fake information via the SaaS;
- transmit any information or data that can be regarded as offensive, disrespectful, insulting, defamatory, threatening, obscene, racist, sexual or otherwise objectionable.
The SaaS allows you to share your own content (such as photos, work experience, contact- and other personal details) in view of the Purpose (hereinafter: “Content"). You hereby grant We fynd the right to use your Content for the purpose of providing the SaaS and the related Services.
You acknowledge and agree that you are solely responsible for Content you publish while using the SaaS in any form. In particular, you are not permitted to store or transmit any Content that is harassing, libelous, threatening, obscene, indecent, criminal, deceptive, fraudulent or any other action that is otherwise unlawful or invasive of others privacy, would violate Intellectual Property Rights of any party, is otherwise unlawful under any applicable law or regulation, or would adversely or negatively affect or reflect We f'synd name, reputation or goodwill.
We fynd is not responsible for any Content that is shared by you via the SaaS, without prejudice to applicable data protection legislation. If you suspect that others have published Content that violates the provisions of this provision, you must inform We fynd thereof immediately. In that case, We fynd shall have the right to immediately remove or block this Content without any formalities and without prejudice to any other right We fynd may have under applicable law.
Article 4: Ownership of the SaaS
All Intellectual Property Rights vested in the SaaS and related Services are the sole and exclusive property of We fynd (or its licensors) and are protected by the applicable rights in accordance with local, national and international legislation.
We fynd does not grant you any other rights to the SaaS than granted pursuant these Terms. The rights in the SaaS are licensed (not sold) to you and you shall not in any way acquire any title, rights of ownership, copyrights, Intellectual Property Rights or other proprietary rights of whatever nature in the SaaS.
Except as otherwise provided in these Terms, you shall not (directly or indirectly), without the written consent of We fynd:
- arrange or create derivative works based on the SaaS;
- assign, distribute, sub-license, transfer, sell, lease, rent out the SaaS on behalf of any third party or make them available to any third party, nor allow or permit any third party to do any of the same;
- modify, copy, duplicate, reverse engineer, decompile, disassemble, record or otherwise reproduce the SaaS in whole or partly, nor allow or permit any third party to do any of the same;
- remove or alter any copyright or other proprietary notice on the SaaS.
Article 5: Support and Availability
If you encounter any problems when using the SaaS or want to learn more about the SaaS, please contact us through our online helpdesk.
From time to time We fynd may make various support channels available on its website (such as a livechat option). If you use any of these support channels, we will try to provide you with an answer as soon as commercially possible. However, please note that, given the variety of possible requests, We fynd makes no commitment whatsoever to provide a solution for each specific request.
We will make commercially reasonable efforts to ensure a continued availability of the SaaS. However, we do not guarantee that the SaaS shall be accessible or available at any time, any place or on any device. The SaaS may for example not be available during periods of maintenance carried out by We fynd or its hosting provider (which can be either planned or unplanned). If feasible, maintenance shall be carried out outside of regular business hours and We fynd shall inform you as soon as reasonably possible of any such maintenance.
Article 6: Modifications to the SaaS
We fynd reserves the right to modify or update the SaaS from time to time to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
Article 7: Warranty and Liability
The SaaS and related Services are made available to you “as is” and “with all faults”. We fynd disclaims all warranties of any kind, either express or implied, including but not limited to implied warranties of accuracy or completeness of data, merchantability and fitness for a particular purpose, or non-infringement with respect to the SaaS and related Services.
Article 8: Limitation of liability
Subject to the maximum extent permitted by law, We fynd shall not be liable to you for any indirect, punitive, special, consequential, or similar damage (including damages for loss of profit, lost revenue, loss of business, loss of corruption of data, loss of goodwill, and reputational damage incurred due to the use of the application.
In any case, We fynd shall not be liable for damages caused by You.
Article 9: Privacy and Data protection
With regard to the processing of your personal data, please note that:
- Under the applicable data protection legislation, you have the right to request erasure of your personal data. As a Jobseeker, please note that deactivation of your SaaS-account will only result in We fynd no longer showing your contact details to new potential employees.
- Due to our obligation to respect the principle of storage limitation, a potential employer or an Intermediary will only have access to a Jobseekers’ contact details for a maximum period of [X].
- The provision of Services by We fynd shall not prevent others, e.g. potential employers, from complying with their own obligations as a data controller under the applicable data protection legislation, including respecting the principles of transparency, fairness and storage limitation.
Article 10: Change of Terms
We fynd reserves the right to change these Terms from time to time (e.g. to reflect changes in applicable law, best practices or to deal with additional feature(s) which we may introduce).
Any change will be notified to you by e-mail or advised to you on your next log-in to the Platform, thirty (30) days prior to entering into force, unless that change is needed to comply with relevant law (in which case, the change may be enforced immediately). The date of the most recent version is shown on the first page of these Terms. Please review these Terms periodically to stay informed of changes that may affect you.
By accessing or otherwise using the SaaS after the Terms have been changed in accordance with this clause, you agree to be bound by the amended Terms. If you do not agree with any of the amended Terms, you will have no right to access and use the SaaS.
Article 11: Term and Termination
These Terms shall apply for as long as you maintain your account in the SaaS.
If you do not comply with these Terms, We fynd reserves the right to immediately terminate (or alternatively, at We fynd’s discretion, refuse or suspend) your access to the SaaS, without any formalities being required and without prejudice to any other right We fynd may have under applicable law. If you are a consumer We fynd shall respect a minimum period of 14 calendar days as from the day after sending a first (free) notice of default by electronic mail or the third day after sending in the case of a formal notice by post, before any suspension, termination or any other measure can be taken by We fynd.
The provisions of these Terms that are expressly or implicitly intended to survive termination, shall survive expiration or termination of your access and use of the SaaS, including without limitation, the provisions relating to Intellectual Property Rights and limitation of liability.
Article 12: Miscellaneous
We fynd is not responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by force majeure or events outside of its control. In such case We fynd will inform you as soon as possible and shall undertake such steps to minimize the effects of force majeure or events outside of its control.
Without written approval of We fynd, you may not transfer your rights or your obligations under these Terms to another person. We fynd may assign, transfer and/or subcontract the rights and obligations under these Terms to its affiliates.
If any provision of these Terms is held to be unenforceable (in whole or in part), the other provisions shall nevertheless continue in full force and effect. The provisions found to be unenforceable shall be enforceable to the full extent permitted by applicable law.
These Terms may be waived only by a written document signed by the party entitled to the benefits of one or more provisions of these Terms. No such waiver or consent shall be deemed to be or shall constitute a waiver or consent with respect to any other terms or conditions, whether or not similar. Each such waiver or consent shall be effective only in the specific instance and for the purpose for which it was given, and shall not constitute a continuing waiver or consent.
Article 13: Jurisdiction and Applicable law
These Terms shall be governed by and construed in accordance with the laws of Belgium and the Parties hereto submit to the exclusive jurisdiction of the courts of Antwerp (Antwerp division), Belgium.
Before initiating proceedings before the competent courts, you shall exercise reasonable good faith efforts to amicably settle any disputes that might arise during the execution of these Terms.