Terms of Use V1 January 1st 2020

MyNextCompany has developed a platform aiming at matching candidates looking for new job opportunities and companies offering vacancies (the “Platform”). The Platform allows candidates to easily browse through job postings. Simultaneously, hiring managers can browse through profiles of potential candidates. If there is a match (i.e. the candidate liked the vacancy posted and the recruiter of that vacancy liked the profile of the candidate), the candidate and recruiter have the opportunity to enter in direct contact via the Platform subject to the below terms of use.

The present terms of use (“Terms of Use”) apply to the use of the Platform.

Company and contact information

The Terms of Use (together with embedded documents such as Privacy policy and Cookies policy) constitute an agreement between the user of the Platform (the “User” or “you”) and MyNextCompany, the tradename of ClearSource SPRL, 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”, “MNC” or “we”).

User must be at least 18 years of age to create an account on the Platform and to use it. By creating an account and using the Platform, User represents and warrants that:

  • He/she is entitled to legally bind the company he/she represents; or that he/she can enter into a binding contract with MyNextCompany
  • He/she will comply with the Terms of Use, as well as with all applicable national and international laws, rules and regulations.

Users of the Platform may either be legal or natural persons looking for talents (“Recruiters”) or natural persons looking for a permanent or freelance job (“Talents”). MNC may also, at its own discretion, post job openings for MNC or on behalf of third party recruiters.

Acceptance of Terms of Use

By creating an account and/or by using the Platform, User agrees to be fully bound by these Terms of Use (even if you are using the Platform on behalf of a company). If User does not agree to be bound by the terms of the Terms of Use, User may not create an account nor use the Platform.

We may modify the Terms of Use, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through the Platform, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of the Platform after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

User’s account

In order to use MyNextCompany, User must create an account on the Platform by providing required information about him/her and by creating login details (username and password) or by using User’s LinkedIn account. If User does the latter, User authorizes MyNextCompany to access and use certain of his/her LinkedIn account information (Name, surname, email address, job title, etc.). For more information regarding the information MyNextCompany collects from User and how we use it, please consult our Privacy Policy. User agrees that MNC is not liable for the nature and accuracy of information provided through LinkedIn account.

User’s account on the Platform is personal and User must provide complete and accurate information when creating an account. User is responsible for maintaining the confidentiality and security of User’s account information, including any usernames or passwords, and is solely responsible for the activity that occurs on User’s account. User agrees to notify MyNextCompany immediately of any actual or suspected unauthorized access to or use of User’s username or password or of any breach of security related to User’s account.

User is sole responsible for the information and other content it posts on his/her account. User guarantees and warrants that he has all necessary rights (including intellectual property rights) and authorizations on the information and content posted on or through his/her account on the Platform. User will fully indemnify MNC of all claims, actions and damages in relation to a breach or a suspected breach of this clause.

By registering and posting information on the Platform, the User expressly consents to the processing of his/her personal data by MyNextCompany, in accordance with MyNextCompany’s Privacy Policy and applicable laws.

Users may not create fake profiles. MyNextCompany reserves the right to take legal actions against fake users of the Platform.

A User may only create one account.

For Recruiters, a professional email address must be used when creating an account. Emails addresses of major email provider such as Gmail, Outlook and Yahoo won’t be accepted.

An account is personal and may therefore not be transferred to third parties.

MyNextCompany shall be within its rights to deny an account request, stating grounds for such decision.

Registration of the account is complete once the User receives confirmation email from MyNextCompany.

A User may no longer be permitted to create a new account following cancellation of a previous account by MyNextCompany.

Recruiters

When a Recruiter posts a job opening on the Platform, the Platform will provide a list of Talents who might be of interest to the Recruiter based on the required qualification of the job opening. A Talent list will be populated by the Platform and will be ranked by “match percentage”. The match percentage is calculated by the Platform algorithm. The more a Talent meets the job opening requirements the higher the match percentage is.

Recruiters can opt for a monthly subscription.

Subscription fees are paid monthly in advance. The subscription will automatically renew on a monthly basis unless the concerned Recruiter terminates the subscription by notifying MyNextCompany. In such case, the subscription will no longer be renewed.

Recruiters who have an active subscription ongoing may get in touch with those Talents with whom there was a “Match”. A “Match” occurs when 1) a Recruiter liked a Talent in relation with a job opening posted by the Recruiter and 2) the Talent liked back the Recruiter’s job posting as well. The Recruiters who have an active subscription ongoing will be provided with one Matched Talent’s contact information.

For receiving the payment of the subscription fees, MyNextCompany uses an online electronic payment system managed by a third party. The Recruiter accepts the use of such electronic payment system. The third party offering the electronic payment system is not a subcontractor of MNC. Thus, MyNextCompany has nothing to do with the payment services and does not process your payment information. Consequently, MNC is not liable whatsoever for the electronic payment system and service. Terms and conditions of the third party providing the electronic payment systems will apply to the use of the electronic payment system.

Recruiter agrees that MyNextCompany may change the price of the monthly subscription on a discretionary basis. The amended price will be applicable as from the next monthly renewal of the subscription.

All amounts paid for subscription fees are nonrefundable. Recruiter shall be sole responsible to verify information provided by a Talent and MyNextCompany does not bear any responsibility in the event that information provided by a Talent is inaccurate.

Talents

Once a Talent has a valid account on the Platform, the Platform will provide him/her with a list of job offers posted by Recruiters on the Platform that might be of interest to him/her based on the information the Talent posted on his/her account.

Talent understands and agrees that MyNextCompany:

  1. does not warrant that the Talent will receive any employment or job offers through the Platform’s
  2. shall not be responsible for any job offers, job screenings, job decisions, and actual jobs presented by Recruiters on the Platform’s
  3. does not verify nor guarantee the accuracy, completeness, validity, or timeliness of information provided by Recruiters or third parties on the Platform’s
  4. shall not be responsible for any materials provided by recruiters or third parties on the Platform’s
  5. is neither your employer nor your agent in any regard. Talent shall use his/her own judgement, caution, and common sense in evaluating any prospective Recruiters and any information provided by any Recruiters or third parties.

Modification to the Platform

MyNextCompany is always striving to improve the Platform and bring additional functionality that Users will find engaging and useful. Consequently, Users agree that MyNextCompany may add at any time and without notice new product features or enhancements from time to time as well as remove some features. MyNextCompany may even suspend or terminate the Platform entirely.

Termination

Users may cancel their accounts at any time by contacting us. If a User’s account is cancelled, MyNextCompany has no obligation to maintain, delete or return any content or information User has posted unless User specifically requests such deletion in accordance with our Privacy Policy and has a legitimate right to such deletion under applicable law.

MyNextCompany may suspend or terminate a User’s account at any time without notice. Upon such suspension or termination, User will not be entitled to any refund for purchases. After the account is terminated, the Terms of Use will terminate, except for the provisions that generally survive termination.

The User behind the deleted or suspended account agrees not to have any claim whatsoever against such suspension or deletion. MyNextCompany reserves the right to take legal actions against Users who do not comply with the Terms of Use.

All content posted by a User on the Platform, shall be deleted, following a cancellation, suspension or deletion of the User’s account.

Intellectual Property Rights

All materials displayed or made available on the Platform, including, but not limited to, graphics, documents, texts, images, sound, video, audio, artwork, software, and HTML code, trademarks, service marks, domain names, logos, or other identifiers (collectively, the “Materials”) are the exclusive property of MyNextCompany or its content suppliers. Materials do not include information and content posted by Users on the Platform.

Except as otherwise specifically agreed in writing or to the extent necessary for User to view the Platform in accordance with the Terms of Use, User shall not:

  • copy the Platform in whole or in part;
  • display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, lend, transfer or in any way exploit the Platform in whole or in part;
  • embed the Platform into other products;
  • create function calls or other embedded links from any software program to the Platform;
  • remove or obscure any copyright or other intellectual property rights notice of MyNextCompany or any of its third-party suppliers;
  • save to the extent permitted by law, reverse engineer, decompile, disassemble, or otherwise seek to gain access to the Platform or source code of the Platform.

Rights MyNextCompany grants you

MyNextCompany grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Platform. This license is for the sole purpose of letting you use and enjoy the Platform’s benefits as intended by MyNextCompany and permitted by these Terms of Use. Therefore, User agrees not to:

  • use the Platform or any content contained in the Platform for any commercial purposes without the written consent of MyNextCompany.
  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Platform without MyNextCompany’s prior written consent.
  • express or imply that any statements you make are endorsed by MyNextCompany.
  • use any robot, bot, spider, crawler, scraper, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents.
  • use the Platform in any way that could interfere with, disrupt or negatively affect the Platform or the servers or networks connected to the Platform.
  • upload viruses or other malicious code or otherwise compromise the security of the Platform.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Platform.
  • “frame” or “mirror” any part of the Platform without MyNextCompany’s prior written authorization.
  • use meta tags or code or other devices containing any reference to MyNextCompany or the Platform (or any trademark, trade name, service mark, logo or slogan of MyNextCompany) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform, or cause others to do so.
  • use or develop any third-party sowftare that interact with the Platform or other Users’ content or information without our written consent.
  • use, access, or publish the Platform programming interface without our written consent.
  • probe, scan or test the vulnerability of our Platform or any system or network.
  • encourage or promote any activity that violates the Terms of Use.

MyNextCompany may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Platform, including termination of User’s account.

Rights Users grant MyNextCompany

By creating an account, User grants MyNextCompany a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information that User authorizes MyNextCompany to access from User’s LinkedIn account, as well as any information, media, content User posts, uploads, displays or otherwise makes available (collectively, “Post”) on the Platform or transmits to other Users (collectively, “Content”). MyNextCompany’s license to User’s Content shall be non-exclusive, except that MyNextCompany’s license shall be exclusive with respect to derivative works created through use of the Platform. For example, MyNextCompany would have an exclusive license to screenshots of the Platform that include User’s Content. In addition, so that MyNextCompany can prevent the use of User’s Content outside of the Platform, User authorizes MyNextCompany to act on User’s behalf with respect to infringing uses of User’s Content taken from the Platform by other users or third parties.

MyNextCompany’s license to User’s Content is subject to User’s rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, marketing, providing, and improving the Platform and researching and developing new ones. User agrees that any Content User places or that User authorizes MyNextCompany to place on the Platform may be viewed by other Users and may be viewed by any person visiting or participating in the Platform (unless Users decide to anonymize their profile).

User agrees that all information User submits upon creation of User’s account, including information submitted from User’s LinkedIn account, is accurate and truthful and that User has the right to post the Content on the Platform and grants the above license to MyNextCompany.

User understands and agrees that MyNextCompany may monitor or review any Content posted as part of a Platform. MyNextCompany may delete any Content, in whole or in part, that in its sole judgment violates this Terms of Use or may harm the reputation of the Platform.

By submitting suggestions or feedback to MyNextCompany regarding our Platform, User agrees that MyNextCompany may use and share such feedback for any purpose without compensating User.

User agrees that MyNextCompany may access, preserve and disclose User’s account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to User’s requests; or (v) protect the rights, property or personal safety of MyNextCompany or any other person.

General Prohibitions

In connection with User’s use of the Platform, User agrees NOT to:

  1. 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;
  2. infringe any intellectual property rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
  3. Post 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 Platform, 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;
  4. violate other's privacy rights or personal rights, including, but not limited to, harassing or stalking another person, sending unsolicited e-mails, and collecting other's personal information, without their consent;
  5. breach or attempt to breach any security measures of the Platform;
  6. access or attempt to access any account or login of any third party listed on the Platform;
  7. 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;
  8. post or submit any inaccurate, false, or incomplete information, such as User’s resume, biographical data, job opening, and company profile;
  9. impersonate any other person or entity;
  10. use the Platform in any unauthorised way or for any criminal activity;
  11. forge any header information in any electronic posting or mail;
  12. misrepresent yourself, your affiliation with any third party, or your entity; or
  13. provide any financial information (for e.g. User’s credit card or bank account information) or wire or otherwise send money to other users.

User is solely responsible for User’s interactions with other Users. MyNextCompany makes no representations or warranties as to the conduct of other Users.

Although under no obligation to do so, MyNextCompany reserves the right to monitor use of the Platform to determine compliance with these General Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, Users remain solely responsible for their Content. User acknowledges and agrees that MyNextCompany will not assume or have any liability for any action or inaction by MyNextCompany with respect to any Content.

Users are invited to report to MNC inappropriate behavior of information on the Platform.

Links to third party sites or apps

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

Privacy

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

MyNextCompany will monitor Users’ accounts usage through cookies and other automated means in order to understand behavior of Users as well as their interactions. In that respect, Users may be contacted by MNC personnel in order to provide them with advices to optimize their usage of the Platform and consequently the benefits they get out of it.

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 Platform, User’s Content, or User’s violation of any terms and conditions of the Terms of Use, the Privacy Policy or the Cookies Policy.

Disclaimer

User acknowledges and accepts that:

  1. User shall assume all risks related to or resulting from User’s usage, viewing, or access of the Platform. The Platform is provided on an "as is" and an "as available" basis.
  2. 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.
  3. MyNextCompany expressly disclaims all warranties that
    1. the Platform and its contents will be error-free or virus-free
    2. the Platform will be uninterrupted and secure
    3. the Platform will be available at all times
    4. the Platform 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.

Liability

MyNextCompany makes no representations about the suitability of the Platform. The Platform is provided “as is” without warranty of any kind. MyNextCompany hereby disclaims all warranties and conditions with regard to the Platform, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement. MyNextCompany makes reasonable efforts to protect User’s security, but, because the internet is an insecure medium, MyNextCompany makes no representation or warranty that any transaction conducted through the Platform will necessarily be secure.

Unless prohibited by mandatory applicable laws, the sole liability of MyNextCompany for any and all claims in any manner 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.

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 Platform.

The Terms of Use together with embedded documents such as Privacy policy and Cookies policy constitute the entire agreement between User and MyNextCompany governing User’s use of the Platform 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 Platform 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 Terms of Use 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 Terms of Use shall not be deemed as a waiver of such term.

The Terms of Use are governed by the laws of Belgium, excluding conflict of laws rules, and any conflict arising under the Terms of Use are submitted to the exclusive jurisdiction of the Brussels courts.