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General Terms of Use

1.    Company and contact information

The present terms and conditions (“General Terms of Use” or “GTUs”) constitute an agreement between users (the “User” or “you”) of the site and ClearSource SPRL, operating under the tradename MyNextCompany, having its registered office located at 1200 Woluwé Saint Lambert, Gulledelle 94, registered under the laws of Belgium under BCE number 0876.098.555 (“MyNextCompany” or “we”). 

 

2.    Scope of application

By accessing, browsing, or using (“Use”) MyNextCompany’s site (the “Site”), User acknowledges acceptance of the terms and conditions listed in the GTUs. 

If User does not accept the terms and conditions listed in the GTUs, User may not Use the Site. MyNextCompany reserves the right to update the GTUs from time to time at its sole discretion. User is advised to review the GTUs periodically. 

The Site and any related services are available to User, provided that User can form legally binding agreements under applicable law. The Site is not intended for or targeted at children under 18. If you are a minor, please do not use the Site.

If User wishes to create a company page on the Website, in his/her capacity an employer, and/or wishes to benefit from our digital recruitment services, the User and MyNextCompany shall negotiate an agreement specifically governing the terms and conditions of such services.

 

3.    Intellectual Property Rights

MyNextCompany grants User a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for User’s personal and non-commercial use thereof or within User’s organization. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, texts, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Materials”) are the exclusive property of MyNextCompany or its content suppliers. The Materials are protected by applicable intellectual property laws. Except as expressly permitted herein, User shall not: 

i.    use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Materials, or 

ii.    use the Materials from other web sites or any media on the Site, e.g., networking environment, without MyNextCompany's prior written consent.

All trademarks, service marks, domain names, logos, or other identifiers (the “Marks”) displayed on the Site are exclusive property of MyNextCompany and/or their respective owners. User shall not use the Marks in any manner without MyNextCompany's and the respective owners' prior written consent.

The Site is protected by copyright, database rights and other intellectual property rights. MyNextCompany and, where appropriate, third-party suppliers retain all rights, titles and interests in and to the Site. Use of the Site does not confer any ownership rights to the User.

The Site may incorporate third party data, text, images, software, multi-media materials and other content (“Third Party Content”) and references to the term "Site" will be taken to include all materials, content and services made available from time to time on the Site whether viewed on screen or downloaded to another computer including without limitation Third Party Content.

Except as otherwise specifically agreed in writing or to the extent necessary for User to view the Site in accordance with the GTUs, User shall not: 

i.    copy the Site in whole or in part; 

ii.    display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, lend, transfer or in any way exploit the Site in whole or in part; 

iii.    embed the Site into other products; 

iv.    use the Site in any timesharing arrangement; 

v.    create function calls or other embedded links from any software program to the Site; 

vi.    remove or obscure any copyright or other intellectual property rights notice of MyNextCompany or any of its third-party suppliers; 

vii.    use any Marks of MyNextCompany or any of its third-party suppliers; or 

viii.    save to the extent permitted by law, reverse engineer, decompile, disassemble, or otherwise seek to gain access to the applications or source code of the Site.

 

4.    The Site

The Site provides a forum for User to obtain employment and career information. By applying to a job opening on the Site, User agrees to grant MyNextCompany a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, create derivative works in any manner, in entirety or a portion of, of User’s information, and by any means, forever and worldwide.

MyNextCompany, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any materials submitted by candidates. 

User acknowledges and agrees that MyNextCompany may retain copies of User’s submitted information and disclose User’s submitted information to third party if MyNextCompany believes that it is necessary to: 

i.    protect the integrity of the Site

ii.    protect rights of MyNextCompany

iii.    protect the rights of a candidate as per applicable data privacy laws

iv.    comply with any court order

v.    comply with any legal proceedings

vi.    assert MyNextCompany's claim under the GTUs

vii.    satisfy any claims regarding violations of third party's rights.

 

5.    General Prohibitions

In connection with User’s Use, User agrees NOT to:

a.    violate any local, state, provincial, European Union, other applicable rules, regulations, and statutes, including, but not limited to, anti-discrimination, or equal opportunity employment laws;

b.    infringe any intellectual property rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;

c.    upload, post, transmit, or store any material that:

  • is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
  • breaches any of User’s contractual or confidentiality obligations;
  • disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or
  • are not permitted by MyNextCompany, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, junk mail, spam mail, chain letters, pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;

d.    violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or stalking another person, sending unsolicited e-mails, and collecting other's personal information, without their consent;

e.    breach or attempt to breach any security measures of the Site;

f.    use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without MyNextCompany's prior written consent;

g.    access or attempt to access any account or login of any third party listed on the Site;

h.    copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by User;

i.    post or submit any inaccurate, false, or incomplete information, such as User’s resume, biographical data, job opening, and company profile;

j.    impersonate any other person or entity;

k.    use the Site in any unauthorised way or for any criminal activity;

l.    forge any header information in any electronic posting or mail; or

m.    misrepresent yourself, your affiliation with any third party, or your entity.

 

6.    Terms of Use

User agrees to:

a.    Use the Site only for lawful purposes in searching for or providing employment opportunities and career information

b.    provide and maintain complete, correct, up-to-date, and accurate information on User’s submitted information

c.    post materials that User has all the necessary rights or license

d.    use his/her own judgement, caution, and common sense in managing job opportunities and information offered by or obtained from the Site

e.    bear the risks of any reliance or use of any Materials or any information provided by any third party.

 

7.    Job offers

User may apply for any open job offer directly on the website.

Notwithstanding the foregoing, User understands and agrees that MyNextCompany:

a.    does not warrant that the User will receive any employment or job offers through the Site

b.    shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties

c.    does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties

d.    shall not be responsible for any materials provided by third parties, including, but not limited to, job openings and employment listings, and 

e.    is neither your employer nor your agent in any regard. User shall use his/her own judgement, caution, and common sense in evaluating any prospective employers and any information provided by any third party.

 

8.    Links to third party sites

The Site may have links, such as hyperlinks or buttons, directing access to third party's web sites (“Linked Sites”). The Linked Sites may not be controlled or monitored by MyNextCompany. MyNextCompany shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between MyNextCompany and the owner of the Linked Sites or any endorsement by MyNextCompany of the Linked Sites. MyNextCompany includes the Linked Sites solely for the convenience of User. User is solely responsible for User’s access of the Linked Sites. User shall use his/her own judgement, caution, and common sense in using the Linked Sites.

 

9.     Privacy

MyNextCompany will process any personal information you provide on or through this Site in accordance with its Privacy Policy and any specific terms set out on the relevant part of this Site.

 

10.    Indemnification

User agrees to indemnity, defend, and hold MyNextCompany, its agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys' fees and legal fees, resulting from or arising out of User’s Use of the Site, User’s submitted materials, or User’s violation of any terms and conditions of the GTUs.

 

11.    Disclaimer

User acknowledges and accepts that: 

a.    User shall assume all risks related to or resulting from User’s usage, viewing, or access of the Site. The Site is provided on an "as is" and an "as available" bases.

b.    MyNextCompany expressly disclaims all warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or warranties arising from course of performance, course of dealing or usage.

c.    MyNextCompany expressly disclaims all warranties that

i.    the site and its contents will be error-free or virus-free

ii.    the site will be uninterrupted and secure

iii.    the site will be available at all times 

iv.    the site will meet all of User’s requirements 

MyNextCompany further disclaims all warranties as to the reliability, accuracy, completeness, validity, or truthfulness of any submitted materials.

 

12.    Liability

User agrees to assume all risks associated with, arising out of, or resulting from User’s Use of the Site or any submitted materials. 

The sole liability of MyNextCompany for any and all claims in any manner related to the Agreement, including the Services, will be the payment of direct damages, not to exceed (in the aggregate) the amount of ten thousand euros (10,000 EUR).

In no event will MyNextCompany be liable for any lost profits, lost savings or any other economic loss, or for any consequential, incidental, indirect, special or punitive damage, loss or expenses (including, but not limited to, business interruption, lost business, lost data or fines of any type), even if User has been advised of or could reasonably foresee the possibility of any such damage occurring.  

 

13.    Termination

MyNextCompany has the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site. MyNextCompany may also terminate User’s access to any part or all of the services provided by MyNextCompany on the Site at any time, with or without cause or notice, for any reasons. If User wishes to terminate his/her account, User may only cease the Use of the Site. MyNextCompany shall not be responsible for maintaining or returning User’s submitted materials, account, or User’s login and password. User shall always maintain a copy of the submitted Materials.

 

14.    General Conditions

User agrees that there is no employment, partnership, agency, or joint venture relationship between User and MyNextCompany arising out of or resulting from User’s Use of the Site.

The GTUs constitute the entire agreement between User and MyNextCompany governing User’s Use of the Site and is additional to any binding agreement between User and MyNextCompany.

User may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules or regulations.

The invalidity or unenforceability of any term or any part of any term of, or any right arising pursuant to the GTUs shall not affect the validity or enforceability of any other terms or rights or the remainder of any such term or right which shall continue in full force and effect except for any such invalid or unenforceable provision or part thereof.

The failure or delay by either party to enforce the terms of the GTUs shall not be deemed as a waiver of such term.

The GTUs are governed by the laws of Belgium and any conflict arising under the GTUs are submitted to the exclusive jurisdiction of the Brussels courts.

Last updated date: 3rd July 2019.