These Terms and Conditions apply as between you (the User of our Platform) and RightBrains (the owner of the Platform, also referred to as ‘we’, ‘us’ and ‘our’ in these Terms and Conditions), in connection with your use of the Platform. These Terms and Conditions apply to all our Services (as defined below). By visiting and using our Platform and/or Services, you acknowledge to have read and understood and agrees to comply with these Terms and Conditions.
Article 1. Definitions
In these Terms and Conditions the following terms shall have the following meaning unless expressly stated otherwise.
Account : individual registration at the Platform containing personal data that provides each User with the unique access privileges for the relevant User allowing Users to obtain inspiring information in the field of digital technology and receive updates in this respect, as well as to create a profile in order to apply for assignments and job openings from Partners
Content : all material placed on the Platform or made accessible through the Services by RightBrains, Partners or Users including, but not limited to, assignment and job openings, workshops and training courses, including e-learning modules, information, communications, software, photos, text, video, images, button icons and logos
Database : all (personal) data obtained and collected by the Services (including details on the Accounts)
Partners : an organisation who wishes to encourage highly educated women in digital technology through the Platform and/or Services, and presenting their organisation and place/publish assignments and job openings or workshops and training courses, including e-learning modules for Users on the Platform
Platform : all websites, mobile applications and web applications, functionalities provided under the name RightBrains with the objective to inspire, connect and develop highly educated women in digital technology
Privacy Notice : the privacy notice of RightBrains containing binding provisions for the use of Platform or (part of) the Services
RightBrains: the limited liability company under Dutch law RightBrains BV and all related trade names as known at the Chamber of Commerce under number 60940247
Services : all services made available to User by or on behalf of RightBrains through the Platform enabling Users to obtain inspiring information in the digital technology field (including educational opportunities), to connect with other Users in this respect as well as to get access to assignments and job openings at Partners, and enabling Partners to present their organisation and place assignments and job openings as well as workshops and training courses, including e-learning modules on the Platform, including all related services
Terms and Conditions : these general terms and conditions of RightBrains including the Privacy Notice and possible other notices
User: a natural person who visits the Platform or has created an Account and is using the Services and/or Platform
Article 2. Applicability of and compliance with the Terms and Conditions
- If one or more of the provisions of the Terms and Conditions is null and void or is voided, the other provisions of the Terms and Conditions will remain fully in force.
- If the provisions of the Terms and Conditions conflict with the provisions of the Privacy Notice or any other policies, the Terms and Conditions will prevail.
- Should you fail to comply with the Terms and Conditions, we have the right, at our own discretion, to suspend or terminate your Account and refuse any and all current or future use of the Services (or any part thereof).
- We are entitled to amend the Terms and Conditions unilaterally. You are advised to check the Terms and Conditions regularly for amendments via the usual channels on the Platform. Should you continue to use the Platform after amendment of the Terms and Conditions, you will be deemed to have irrevocably accepted the amended Terms and Conditions.
Article 3. Account
- If you wish to use the Services, you must create an Account. Users are responsible for all acts or legal acts carried out with or through the Account including the use or misuse thereof.
- The Platform is intended for highly educated women in digital technology. By using the Services, you confirm to be part of the target group of the Platform.
- Users are responsible for their Account and shall update and correct all information submitted to create or maintain an Account.
- We reserve the right to reject an application for an Account or to terminate an Account after registration, for example, if you fail to comply with the obligations laid down in Article 4 of the Terms and Conditions.
- The Account is linked to a password. This password is strictly personal and confidential. We are not liable for the abuse of the password. Should you suspect that an unauthorized third party is using the password, you must inform us without delay. User is at all times fully responsible and liable for everything that takes place through User’s own Account.
- You may not apply for or manage more than 1 (one) Account. In addition, you may furthermore not apply for or manage an Account after we have rejected an Account or have terminated your Account after registration.
Article 4. User’s obligations
- You are solely responsible for any activities performed through the Account on the Platform, including any Content as submitted by User and interactions with other users of the Platform. Notwithstanding the other provisions of the Terms and Conditions, any use of the Platform, data submitted by creating an Account and/or profile, or the Content submitted, shall in no event:
- a) be untrue, inaccurate, not current or incomplete;
- b) be misleading, deceiving, discriminating, defamatory or otherwise be offensive;
- c) incites to violence and/or harassment of others;
- d) leads to or is the consequence of exploitation or abuse of others;
- e) be obscene, profane, offensive or pornographic;
- f) include a request for personal details of minors or provide personal details of others;
- g) contain advertising, promotional or commercial messages or transmit any chain letters, junk or spam email;
- h) contain viruses etc. nor otherwise obstruct other users or do damage to Platform;
- i) bypass technical protection measures;
- j) use the Services for commercial or competitive activity or purpose;
- k) contravene the Terms of Conditions or any applicable legislation or regulation;
- l) infringe on our rights, the rights of any Suppliers and/or third parties;
- m) be unlawful in any way whatsoever; or
- n) harm our interest or good name.
- The result of prohibited acts as referred to in this Article will, at our discretion, be immediately removed from the Platform or corrected. Moreover, we reserve the right to take the measures referred to in paragraph 3 of Article 2.
- In the event you have the opinion that any Content is unlawful you may report this to us. In such case we expressly reserve the right to take the measures referred to in paragraph 3 of Article 2 and paragraph 5 of Article 5.
Article 5. Our obligations
- We shall make every effort to ensure the Platform and/or Services are available to you. We do not guarantee the permanent, uninterrupted or full availability of the Platform and/or Services.
- We reserve the right to block or close the Platform without prior announcement for the purpose of the maintenance, modification or improvement thereof. We also reserve the right to modify, expand, remove or otherwise alter parts of the Services without prior announcement.
- When you apply for an assignment or job opening as published by Partner on the Platform, we shall transmit all profile data directly to Partner. We shall also transmit all relevant profile data to the Partner offering or providing the educational opportunities when you register for a workshop, training or e-learning module.
- We make no representations or warranties or give any guarantees regarding the effectiveness and timeliness of the Services in meeting the employment objectives of both Users and Partners. We are not responsible for any employment decisions either from User or Partner.
- We expressly reserve the right to change or remove Content for any reason and without any further notice. We shall not be liable or obliged to pay compensation or damages for this in any way whatsoever.
- Nothing on the Platform shall be considered an endorsement, representation or warranty with respect to any User or Partner or other third party, whether in regard to their website, products, services, hiring, experience, employment or recruiting practices, educational practices, or otherwise.
- We are allowed to assign any rights and obligations resulting from the Terms and Conditions to third parties.
Article 6. Assignments / Job openings
- All assignments and job openings as published on the Platform are listed on behalf of Partners or third parties.
- After having transmitted your profile data to Partner as described in paragraph 3 of Article 5, Partner shall proceed with your application. Any further correspondence on this matter from that moment shall be directly between Partner and User.
- In the event that the assignment or job opening as published on the Platform is published on behalf of a third party which is not a Partner, we shall act as an intermediary between you and such third party. We shall then transmit your profile data to such third party only by way of introduction after selection by ourselves.
- The Partner Content that we disclose on the Platform is based on the information provided to us by the Partners. Although we shall use all reasonable skill and care in this respect, we do not verify if, and do not guarantee that, all Partner Content is accurate, complete and/or correct. Each Partner remains responsible at all times for the accuracy, completeness and correctness of such Content, including the information in assignment and job openings published.
- We will use all reasonable skill and care in removing expired assignment and job openings from Partners, but we can give no guarantee that any assignment or job opening listed on the Platform remains open at the time you apply for such assignment or job opening.
Article 7. Liability
- Should you fail to comply with your obligations resulting from the Terms and Conditions, you will be liable for damage and/or loss suffered by us as a result thereof.
- To the fullest extent permitted by law, we expressly exclude any liability incurred by User arising from use of the Platform, the Services or the Terms and Conditions, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Platform.
- We are never liable for indirect loss. In these Terms and Conditions indirect loss is understood to include consequential damage and/or loss, loss of profit, lost savings, and loss due to business interruption.
- The limitations of liability included in this Article also apply for third parties engaged by us.
- This Article does not limit our liability for damages and/or loss arising as a result of willful intent or gross negligence by us.
Article 8. Indemnification
- You agree to indemnify and hold harmless RightBrains and all third parties engaged by us against all liabilities, claims and expenses (including reasonable legal fees) that may arise out of or in connection with
- a) any violation by you of this Terms and Conditions;
- b) your improper access to or use of the Platform; or
- c) any infringement on intellectual property rights of User Content.
Article 9. Intellectual Property Rights
- All intellectual property rights including but not limited to copyrights and database rights to the Platform, Services, the Content (with the exception of User Content) and the Database will remain exclusively vested in RightBrains or its Partner/licensor.
- The provision of the Services does not imply a transfer of any intellectual property right to the Services. User has a personal, restricted, revocable, non-exclusive, non-sublicensable, non-transferrable right to use the Platform and/or the Services in accordance with the intended use subject to the explicit condition that User complies in full with its obligations as laid down in the Terms and Conditions.
- The right to use the Platform and/or Services may not be transferred by User or any other party without our prior written consent.
- You retain all intellectual property rights to User Content submitted by User. You acknowledge and agree that by making User Content available you are solely responsible for such User Content and automatically grant a royalty-free, unencumbered, world-wide, sub-licensable, non-exclusive license to use, reproduce, circulate and make public the User Content in connection with the Platform and to use User Content for marketing and/or promotional purposes in connection with the Platform.
Article 10. Privacy and data processing
- All personnel acting under our authority and who have access to the personal data will also observe secrecy with regard to the personal data that comes to their knowledge, unless they are obliged to disclose this information in accordance with legal provisions.
- You warrant that you will act completely in accordance with all applicable laws and regulations concerning the protection of personal data and unsolicited communication. You, in particular, warrant to have obtained the necessary permissions from third parties if you use personal data in User Content.
- You will, save for the provisions laid down in paragraph 3 of this Article, not process any personal data of third parties or use such personal data in any other manner.
Article 11. Miscellaneous
- If any provision of these Terms and Conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms and Conditions.
- In addition to the other remedies or means available to us, we are at all times entitled to terminate the Platform and/or the Services. We shall not be liable or obliged to pay compensation or damages for this in any way whatsoever.
- If deemed appropriate or in case of termination of the Platform and/or the Services, we may, without further notice, delete all User Content and any links thereto from the Platform and/or the Services
Article 12. Applicable law and disputes
- The Terms and Conditions and the use of Platform and/or the Services are governed by and construed in accordance with the laws of the Netherlands.
- Parties may only appeal to the courts once they have done their utmost to settle the dispute by agreement.
- All disputes resulting from or arising out of the Terms and Conditions or the use of the Platform and/or Services shall be submitted to the competent court in the district of Midden-Nederland.