END USER LICENSE AGREEMENT
(Randstad Talentpool for Ukrainian Refugees)
| READ THIS AGREEMENT CAREFULLY BEFORE USING THE RANDSTAD TALENTPOOL FOR UKRAINIAN REFUGEES PLATFORM. |
Introduction
This End User License Agreement (EULA) is a legally binding agreement that governs your use of the Randstad-branded web-based software platform (Randstad Talentpool for Ukrainian Refugees, referred to in this EULA as: “Platform”) and any related documentation (Documentation). This Platform is owned, operated and maintained by Randstad N.V. Diemermere 25, 1112 TC Diemen, a member of the Randstad Group (Licensor). By clicking “Accept” or otherwise proceeding to access the Platform, you agree that your access and use of the Platform will be governed by the terms of this EULA. Licensor reserves the right to modify, to amend or to redraft this EULA at any time in its sole discretion.
Via search & selection and staffing and associated administrative functions, this Platform helps to find you an employment within the European Union/European Economic Area in your condition as an Ukranian refugee. Based on the preferences you indicated regarding sectors and desired countries in which you would like to work, your contact data will be shared with Randstad N.V. and its related group companies located in Austria, Belgium, Czech Republic, Denmark, France, Germany, Greece, Hungary, Italy, Luxembourg, Norway, Poland, Portugal, Romania, Spain, Sweden, Switzerland, The Netherlands.
Use of the Platform
In order to be able to use the platform, the user shall provide personal data which are absolutely necessary for contact processing (e.g. making contact) and therefore must be provided, such as its username, password, name, address, email address, telephone number, education, CV, nationality, preferences such as sectors and desired countries in which you would like to work.
Contracting and conditions
You will not be charged an entrance fee or any other fee for the use of the Platform. Neither Randstad N.V. nor any other Randstad Group company will ask you for fees, distributions or any other financial donations.
| As noted above, if your application is selected by Randstad N.V. and/or its related group companies, you will not be engaged by Licensor. The terms and conditions of your engagement will be the subject of a separate agreement between you and Randstad N.V. and its related group companies. |
You have no right to be selected.
Grant of Limited License
Licensor hereby grants you a personal, temporary, revocable, royalty-free, nonexclusive, nonsub-licensable and non-transferable license to use the Platform and the Documentation solely in connection with finding you an employment within the European Union/European Economic Area in your condition as an Ukranian refugee, subject to the terms, conditions and restrictions set forth in this EULA. This is a limited license. All other rights and ownership with respect to the Platform (including without limitation copyrights) reside with Licensor.
Registration
In order to use Platform, you must complete the online registration process and use the activation link in the verification e-mail sent to you by Licensor. With your registration, you attest that you are a natural person at least 18 years old and legally competent. You represent and warrant that all of the information you provide in connection with the registration is truthful, accurate and complete.
You will be required to provide a current e-mail address during registration, which also serves the communication between you and the Platform. You acknowledge and agree that all notices from Licensor will be sent to the e-mail address you provide, and that it is your responsibility to monitor such address. In the event of any change to your e-mail address, you agree to update your account information without delay.
Account and User Profile
Upon a successful registration you will be provided with an account, within which you can create your own profile.
You are limited to one account under this EULA. Your account and user profile are protected by a user name and a password (hereinafter referred to as “login information”) which are determined during the registration process. You must keep your login information confidential and you may not share such information with others. You must ensure that your login information is not accessible to third parties. In case of loss of the login information, or in case of suspicion that a third party has knowledge of the information or is making use of your account, you are obliged to inform Licensor about this immediately and to change your login information.
You represent and warrant that all information you provide in connection with your account and your user profile is accurate and complete, and contains no misrepresentations as to your skills, competencies, experience, education or employment history. You agree to keep your user profile up-to-date and promptly correct any information that is or becomes untrue or misleading.
Your account and user profile are personal to you and cannot be transferred to a third party under any circumstances.
Data Within the Platform
Licensor retains ownership of your login information for the Platform. You retain ownership of any data you enter into the platform with respect to your user account and profile (User Data). You hereby grant Licensor a permanent, royalty-free, nonexclusive, sub-licensable and transferable license to use your User Data within Randstad N.V. and its related group companies.
You are responsible for maintaining your own copies of any User Data. Licensor reserves the right to delete User Data at any time, and makes no warranty or promise as to the retention of User Data for any particular length of time.
You are responsible for all User Data you entered into the Platform. Licensor is authorized to block the access to or delete certain contents at any given time for any reason. This is particularly applicable in case of suspected violation of the EULA, applicable laws or rights of third parties, or if projects are completely finalized. You agree to indemnify and hold harmless Licensor from any claims arising from your User Data, including without limitation claims that your User Data violates applicable law or infringes the rights of third parties.
Use and Protection of Your Data
Randstad N.V. will process your personal data in accordance with the Privacy Policy and Consent on Data Use (https://randstad.talent-pool.com/privacy) as agreed upon under this EULA and as published on our website. Under this EULA your personal data will be shared with participating Clients and with Clients's processors.
You can find further Information on Data Protection and your rights under the following Link: https://randstad.talent-pool.com/privacy
Restrictions on Use
Any use, modification, or distribution of the Platform or Documentation outside the scope of the express licenses granted herein is strictly prohibited. You will not, and will not knowingly permit others to: (a) modify the Platform; or (b) decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, to obtain or create source code for the Platform, (c) introduce viruses, worms, robots, scripts, macros or harmful code of any kind within the Platform, or (d) manipulate, impair and/or excessively strain the operation of the online platform, its underlying technical infrastructure or its functions. You shall not, and shall not knowingly permit others to: (a) lease, license, sublicense, transfer, or assign any of your rights under this EULA; (b) sell, rent, or distribute the Platform, including allowing others to access the Platform using your account; or (c) copy, duplicate, or otherwise reproduce all or any part of the Platform or Documentation. Any breach of the foregoing is a material breach of this EULA that is incapable of cure.
Termination
This EULA may be terminated at any time and for any reason (or for no reason) by you or by Licensor upon written notice (including email).
Limitation of Liability
Licensor shall not under any circumstances be liable for any special or consequential damages (including loss of profits, savings, revenue, or use, damaged or lost files or data, or business interruption) that may arise in connection with this EULA, the use of the Platform, or any matter whatsoever, regardless of the cause of action or characterization of the damages, regardless of whether such damages were foreseeable and even if Licensor has been advised of the possibility of such damages.
Disclaimers of Warranties
You acknowledge that Licensor makes no warranties to you regarding the Platform, except as specifically set forth in the “use and protection of your data” section above.
Licensor takes no responsibility for any failure of use or suitability of the Platform caused by the data you input, or by your failure to enter data properly.
The Platform is provided “as is,” and Licensor makes no additional warranties, express, implied, arising from course of dealing or usage of trade, or statutory, as to any software or documentation provided hereunder, or any matter whatsoever. The parties disclaim all implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, title, and noninfringement.
Licensor makes no warranty: (i) with respect to the Platform's availability, (ii) that the Platform will meet any requirements not specifically set forth herein, (iii) that the operation of the Platform will be uninterrupted or error-free, or (iv) that all errors will be corrected.
No statement by any Licensor employee or agent, orally or in writing, will serve to create any warranty or obligation not set forth herein or to otherwise modify this EULA in any way.
Copyright Infringement - Platform
Licensor shall defend or, at its sole option, settle, at its own expense any suit, action, or proceeding brought in a court of competent jurisdiction against you by a third party to the extent it is based on a claim that the Platform infringes any copyright or trade secret arising under the laws of any jurisdiction (an IP Action), and Licensor shall pay damages finally awarded against you in such IP Action, or those monetary damages agreed to by Licensor and the claimant in a monetary settlement of such IP Action, in either case subject to the limitations on liability stated herein; provided that Licensor will be relieved of the foregoing obligations unless you: (a) give Licensor prompt written notice of each such claim; (b) tender to Licensor sole control of the defense or settlement of each such IP Action; and (c) cooperate with Licensor in defending or settling each such IP Action. If Licensor receives notice of an allegation that the Platform infringes or misappropriates a third party's intellectual property rights, or if your use of the Platform is prohibited by permanent injunction of a court of competent jurisdiction as a result of such an infringement or misappropriation, Licensor may, at its sole option and expense: (i) procure the right to continue using the Platform as provided hereunder; (ii) modify the Platform so that it is no longer infringing; (iii) replace the Platform with other software of equal or superior functional capability; or (iv) terminate this EULA.
Use of the Platform
You agree that at all times in using the Platform you will comply with all applicable laws and regulations, especially criminal law, competition law, trademark law, copyright law, personal rights, data protection law and laws concerning the protection of young persons, and you agree not to violate the rights of any third party when using this platform.
Applicable law and court of jurisdiction
The laws of The Netherlands shall apply to this EULA, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA. Any action brought with respect to this EULA may only be brought in a court of competent jurisdiction in Amsterdam, The Netherlands.
Contract transfer
Licensor has the right to transfer this EULA, and all of Licensor's rights and obligations included herein, in connection with any sale, transfer or license of the Platform to a third party.